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Getting hurt at work changes everything. Medical bills pile up, paychecks stop coming, and you’re left wondering what your rights actually are. If you suffered a workplace injury in Frisco, Texas, the answer to that question depends heavily on whether your employer carries workers’ compensation insurance — and Texas law makes that question far more complicated than in any other state. At Chandler Ross Injury Attorneys, we help injured workers in the Frisco area understand their legal options and pursue the full compensation they deserve.

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Why Texas Workplace Injury Law Is Different From Every Other State

Texas is the only state in the country where private employers can legally opt out of the workers’ compensation system. In Texas, private employers can choose whether to provide workers’ compensation insurance coverage, and those that choose not to are known as non-subscribers. That single fact changes the entire legal path an injured worker must take.

In most states, a workplace injury leads directly to a workers’ comp claim — a no-fault system where you receive benefits regardless of who caused the accident. Texas still has that system for employers who participate. But because participation is voluntary, a large share of Frisco workers may be employed by companies that carry no workers’ comp coverage at all.

According to the U.S. Bureau of Labor Statistics, private industry employers nationally reported 2.5 million nonfatal workplace injuries and illnesses in 2024. Texas consistently ranks among the states with the highest total number of workplace fatalities. In 2023 alone, private sector employees represented 93% of total Texas workplace fatalities, accounting for 526 incidents. Frisco sits in one of the fastest-growing corridors in North Texas, with construction, logistics, healthcare, and retail all driving significant employment — and significant injury risk.

Whether you work near the Toyota Stadium area, along the Dallas North Tollway corridor, or at one of the many distribution centers off U.S. Highway 380, your employer’s insurance status determines whether you file a workers’ comp claim or pursue a personal injury lawsuit. Knowing the difference is the first step toward protecting yourself.

What Texas Law Says When Your Employer Has Workers’ Compensation Coverage

When a Texas employer carries workers’ compensation insurance through the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC), that coverage provides medical benefits and lost wage replacement for employees injured on the job. Under Texas Labor Code § 408.001(a), the workers’ compensation system becomes the exclusive remedy for most injured employees — meaning you generally cannot sue your employer in civil court for negligence.

This is called the exclusive remedy rule. It protects subscribing employers from personal injury lawsuits in most circumstances. In exchange, injured workers receive benefits without needing to prove their employer did anything wrong. The trade-off is that workers’ comp benefits are capped. They typically cover medical treatment and a portion of lost wages, but they do not compensate you for pain and suffering or emotional distress.

There is one major exception. Under Texas Labor Code § 408.001(b), if an employer’s gross negligence caused a worker’s death, the deceased worker’s surviving family may still pursue a wrongful death claim outside the workers’ comp system. This is a narrow but important carve-out that can matter greatly in catastrophic cases.

If your employer is a subscriber, your first move after a workplace injury should be reporting the injury promptly and seeking medical care through the employer’s designated workers’ compensation health care network. Delays in reporting can complicate or reduce your benefits. If your claim is denied or disputed, the TDI-DWC has a formal dispute resolution process, including benefit review conferences, that you can use to challenge the decision.

Your Rights When Your Frisco Employer Is a Non-Subscriber

When a Frisco employer does not carry workers’ compensation insurance, injured employees have the right to file a personal injury lawsuit directly against that employer. This is a fundamentally different legal process — and in many ways, a stronger one for injured workers.

Under Texas Labor Code § 406.033, non-subscribing employers lose the right to use three of the most powerful defenses in civil litigation. Specifically, the statute bars non-subscribers from arguing that the employee was contributorily negligent, that the employee assumed the risk of injury, or that the injury was caused by a fellow employee’s negligence. Stripping those defenses significantly levels the playing field for injured workers pursuing a lawsuit.

To win a non-subscriber case, you must prove that your employer’s negligence caused your injury. Workers can prevail if they demonstrate that their injury resulted from the employer’s failure to use ordinary care in providing a safe workplace, such as failing to train or supervise workers adequately, warn workers of hazards, provide safe tools, or inspect equipment for defects.

The damages available in a non-subscriber lawsuit go well beyond what workers’ comp pays. You can seek compensation for medical expenses, lost wages, future earning capacity, pain and suffering, mental anguish, and physical impairment. In cases involving gross negligence, punitive damages may also be available. Non-subscribing employers that do not provide Texas workers’ compensation coverage must also notify their workers by posting a notice of no coverage in the workplace in English, Spanish, and any other language as needed. If your employer failed to do that, it can affect your legal options.

Working with experienced personal injury lawyers who understand the non-subscriber system is critical. The evidence you need, the witnesses you must identify, and the legal standards you must meet are all different from a standard workers’ comp claim. Chandler Ross Injury Attorneys handles workplace injury cases for clients throughout the Frisco area and is ready to evaluate your situation at no charge.

Common Types of Workplace Injuries That Lead to Claims in Frisco

Frisco’s booming economy means workers across many industries face serious daily hazards. The type of injury you suffered often shapes both the strength of your claim and the damages you can recover.

Falls, slips, and trips accounted for 16% of all fatal workplace injuries in Texas in 2023. These accidents happen in warehouses, construction sites, retail stores, and office buildings alike. A fall from scaffolding near a Frisco construction project, or a slip on an unmarked wet floor inside a distribution center, can cause broken bones, spinal injuries, or traumatic brain injuries that permanently alter a worker’s life.

Exposure to harmful substances or environments accounted for 10% of all Texas fatal workplace cases, while contact incidents — including being struck by falling or suspended objects — accounted for another 15%. Workers in manufacturing, construction, and logistics face these hazards constantly.

Repetitive motion injuries are also common. These develop gradually from tasks like lifting, assembly work, or prolonged computer use. They may not appear dramatic, but they can be permanently disabling. Burn injuries, crush injuries, and electrical accidents round out the list of injuries our attorneys see most frequently in workplace cases.

Some workplace injuries involve third parties — a negligent contractor working on the same site, a defective piece of equipment manufactured by a third company, or a delivery driver who causes an accident. Under Texas Labor Code § 417.001, an injured worker can sometimes pursue both a workers’ comp claim and a separate lawsuit against the responsible third party. That type of third-party claim is separate from any action against the employer and can significantly increase the total compensation available.

If your injury resulted in a long-term disability, catastrophic physical harm, or the loss of a loved one, the stakes of your case are even higher. Those situations demand careful legal attention from the very beginning.

Steps to Take After a Workplace Injury in Frisco, Texas

What you do in the hours and days after a workplace injury can directly affect the outcome of your legal claim. Acting quickly and carefully protects both your health and your rights.

First, report the injury to your employer as soon as possible. Texas law requires injured workers to notify their employer of a workplace injury, and delays can be used against you. Get that notice in writing if you can, and keep a copy for yourself.

Second, seek medical care immediately. Even if your injury seems minor, a medical evaluation creates a documented record linking your injury to the workplace incident. If your employer is a workers’ comp subscriber, you may need to use a doctor within their designated health care network. If your employer is a non-subscriber, you generally have more freedom to choose your own treating physician.

Third, document everything. Take photographs of the accident scene, your injuries, and any unsafe conditions that contributed to the accident. Write down the names of any witnesses. Preserve any safety reports, incident logs, or communications from your employer. Evidence gathered early is often the most reliable.

Fourth, be careful about what you sign. Non-subscriber employers sometimes present injured workers with release agreements or settlement offers shortly after an accident. Under Texas Labor Code § 406.033(f), a valid post-injury waiver cannot be signed until at least the 10th business day after the initial injury report, and only after the employee has received a medical evaluation from a non-emergency care doctor. Any agreement signed before those conditions are met is void and unenforceable.

Finally, contact an attorney before you make any decisions. The Denton County Courthouse, located in Denton just north of Frisco along U.S. Highway 380, is where many civil workplace injury cases are filed for workers in this region. Understanding your venue, your deadline, and your legal options requires professional guidance — and the sooner you get it, the better.

FAQs About Frisco Workplace Injury Lawyers

How long do I have to file a workplace injury lawsuit in Texas?

The statute of limitations for most personal injury claims in Texas is two years from the date of the injury, under Texas Civil Practice and Remedies Code § 16.003. For workers’ compensation claims, the deadline to file a claim with the TDI-DWC is generally one year from the date of injury. Missing either deadline can permanently bar your right to recover compensation, which is why contacting an attorney quickly after a workplace accident is so important.

Can I sue my employer if they have workers’ compensation insurance?

In most cases, no. Texas Labor Code § 408.001(a) establishes workers’ compensation as the exclusive remedy when an employer carries coverage. This means you cannot file a separate personal injury lawsuit against that employer for negligence in most circumstances. The major exception is a wrongful death claim based on gross negligence. However, if a third party, such as a contractor, equipment manufacturer, or property owner, contributed to your injury, you may still have a separate lawsuit against that party regardless of your employer’s coverage status.

What if my employer says my injury was my own fault?

If your employer is a non-subscriber, Texas Labor Code § 406.033 removes contributory negligence as a defense. That means your employer cannot escape liability simply by arguing you were partly at fault. You still need to prove the employer’s negligence played a role in causing your injury, but the employer cannot use your own actions to completely defeat your claim. This is one of the most significant advantages injured workers have when suing a non-subscribing employer in Texas.

What compensation can I recover in a Frisco workplace injury case?

The answer depends on whether your employer is a workers’ comp subscriber or a non-subscriber. Under workers’ compensation, benefits are limited to medical care and a portion of lost wages. In a non-subscriber personal injury lawsuit, you can pursue a much broader range of damages, including full medical expenses, lost wages, future lost earning capacity, pain and suffering, mental anguish, and physical impairment. In cases involving gross negligence, punitive damages may also be on the table. Every case is different, and past results in other cases do not guarantee the same outcome in yours.

Does Chandler Ross Injury Attorneys handle workplace injury cases in Frisco?

Yes. Chandler Ross Injury Attorneys serves clients throughout the Frisco area and the broader North Texas region, including communities near the Dallas North Tollway, U.S. Highway 380, and the Preston Road corridor. The firm handles personal injury claims arising from workplace accidents, including non-subscriber lawsuits and third-party claims. To discuss your situation, call (940) 800-2500 for a free consultation. Attorney Chandler Ross is responsible for the content of this page, and the firm’s principal office is located in Denton, Texas. Results vary based on the specific facts and law applicable to each individual case.

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