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Workers in Rhome and across Wise County face real risks every day, whether they work in construction along U.S. Highway 287, in warehouses near the Alliance corridor, or on oil and gas operations that dot the region. When a workplace injury happens, the path to fair compensation in Texas is not always straightforward. Texas is the only state in the country where private employers can legally opt out of the workers’ compensation system, which means the rules that apply to your claim depend heavily on who your employer is and what coverage they carry. At Chandler Ross Injury Attorneys, we help injured workers in Rhome, Denton County, and the surrounding North Texas area understand their rights and fight for the compensation they deserve.

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Why Texas Workplace Injury Law Is Different From Every Other State

Texas stands alone among all U.S. states in allowing private employers to choose whether they carry workers’ compensation insurance. According to the Texas Department of Insurance, Division of Workers’ Compensation (DWC), Texas reported a 1.7 injury and illness rate per 100 equivalent full-time employees, the lowest rate in the past decade and below the national rate of 2.3. Even so, thousands of workers are hurt on the job each year across the state.

The Texas Workers’ Compensation Act governs how injured workers receive benefits when their employer carries coverage. Under that system, a workers’ compensation insurance policy provides lost wages and medical benefits to employees injured on the job. Under Texas workers’ compensation law, an injury or illness is covered, without regard to fault, if it was sustained in the course and scope of employment, meaning while furthering or carrying on the employer’s business, and this includes injuries sustained during work-related travel.

If your employer subscribes to the Texas workers’ compensation program, that system is generally your exclusive remedy for a job-related injury. You cannot sue your employer in civil court for negligence in most cases. However, if a third party, such as a negligent equipment manufacturer or a careless contractor on your job site, caused or contributed to your injury, you may have a separate civil claim. This is a critical distinction that many injured workers miss entirely.

The Texas Labor Code and the Texas Department of Insurance, Division of Workers’ Compensation (DWC) together set the rules for how claims are filed, disputed, and resolved. Injured workers must file injury reports within thirty days of the injury, must appeal the first impairment rating within 90 days of its issuance, and must file the formal paperwork for the workers’ compensation claim within one year of the injury. Missing these deadlines can cost you your benefits entirely.

What Rhome Workers Need to Know About Non-Subscriber Employers in Texas

A non-subscriber employer is a company that has chosen not to carry Texas workers’ compensation insurance. This choice has major legal consequences for both the employer and any worker who gets hurt on the job. Being a non-subscriber leaves an employer open to personal injury lawsuits from employees who are injured on the job, with damages and attorney’s fees that are almost unlimited. In addition, certain defenses available in most personal injury lawsuits, such as assumption of the risk, contributory negligence, and co-worker negligence, are not available to a non-subscriber in a job injury case.

This matters enormously for workers in Rhome and Wise County. Many smaller employers in the area, including those in construction, agriculture, and trucking, operate as non-subscribers. If you work for one of them and get hurt, you cannot file a standard workers’ compensation claim. Instead, you file a personal injury lawsuit directly against your employer.

Texas employers that do not provide workers’ compensation coverage must file DWC Form-005, Employer Notice of No Coverage or Termination of Coverage, every year between February 1 and April 30. You can check your employer’s subscriber status through the Texas Department of Insurance. Knowing your employer’s status before an injury occurs is smart, but most people only find out after they get hurt.

In a non-subscriber lawsuit, you must prove that your employer’s negligence caused your injury. Because the employer loses key legal defenses, you have a stronger legal position than in a typical personal injury case. However, these cases are still aggressively defended. Many non-subscribers carry private injury benefit plans that may offer limited benefits while requiring you to sign arbitration agreements. Do not sign anything without speaking to an attorney first. The personal injury lawyers at Chandler Ross Injury Attorneys can review your situation and help you understand what your claim is actually worth.

Common Types of Workplace Injuries That Lead to Claims in the Rhome Area

Rhome sits at the intersection of agricultural, industrial, and construction activity. Workers here face a wide range of hazards, from heavy equipment on job sites near Loop 820 and U.S. 287, to chemical exposure in oilfield operations, to slip and fall hazards in warehouses and distribution centers. Nationally, employers reported 2.5 million injury and illness cases in private industry in 2024, down 3.1 percent from 2023. Despite that decline, the number remains staggering, and Texas workers face some of the highest risks in the country.

Construction accidents are among the most serious workplace injuries in the region. Falls from scaffolding, being struck by falling objects, trench collapses, and electrocution are all common on job sites. Workers in oil and gas operations face crushing injuries, burns, and exposure to toxic substances. Warehouse and distribution workers suffer back injuries, forklift accidents, and repetitive stress injuries.

Under federal OSHA recordkeeping rules at 29 CFR Part 1904, employers are required to track and report work-related injuries and illnesses using OSHA Forms 300, 300A, and 301. Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Forms 300 Log of Work-Related Injuries and Illnesses and Forms 301 Injury and Illness Incident Report to OSHA once a year. These records can become critical evidence in a workplace injury claim.

It is also important to know what OSHA does not count as a work-related injury. Under 29 CFR Part 1904, injuries that happen during voluntary participation in a wellness program, injuries solely from personal grooming, or illnesses from the common cold or flu are not considered work-related. If your employer tries to argue your injury falls into one of these excluded categories, that argument needs to be challenged with the right evidence. A workplace injury attorney can help you build that case.

How Texas Workers’ Compensation Benefits Work and What They Cover

If your employer subscribes to the Texas workers’ compensation system and you are injured on the job, you are entitled to specific categories of benefits defined by the Texas Labor Code. Three main types of benefits exist: medical benefits, income benefits, and death benefits, and each type is statutorily defined and limited.

Medical benefits cover all reasonable and necessary treatment related to your work injury. Medical benefits cover all necessary treatment without time limits when provided through authorized medical networks. If your employer participates in a workers’ compensation health care network, you must generally choose a doctor from that network. Outside of a network, you have more freedom to select your treating physician.

Income benefits replace a portion of your lost wages while you recover. Temporary Income Benefits provide wage replacement at 70% of average weekly wages, up to statutory maximums, while employees remain in healing periods. If your injury causes permanent impairment, Impairment Income Benefits compensate you based on an impairment rating assigned by a treating physician. For the most catastrophic injuries, such as paralysis or the loss of multiple limbs, Lifetime Income Benefits provide permanent partial wage replacement.

If a workplace injury results in death, the surviving family members may be entitled to death benefits. In the event that a fatal injury occurs in a Texas workplace, the victim’s family may have the ability to claim death benefits from the employer’s insurance carrier. Alternatively, if the employer does not have workers’ compensation insurance that includes death benefits, the victim’s family may be able to file a wrongful death claim instead. These situations are among the most painful any family can face, and having an attorney handle the legal side allows you to focus on your family.

Workers’ compensation benefits are capped by statute. They do not include compensation for pain and suffering, emotional distress, or punitive damages. A civil lawsuit against a non-subscriber employer, by contrast, can include all of these categories of damages. That is one reason why knowing your employer’s subscriber status matters so much.

Steps to Take After a Workplace Injury in Rhome, Texas

The actions you take in the hours and days after a workplace injury directly affect the strength of your claim. Acting quickly and correctly protects your rights under both the Texas Workers’ Compensation Act and any potential civil lawsuit.

First, report the injury to your employer immediately. Injured employees must report workplace injuries to employers within 30 days to preserve claim rights. Do this in writing whenever possible. Keep a copy of any incident report you sign or submit. If your employer discourages you from reporting, that itself is a problem worth documenting.

Second, seek medical attention right away. Do not wait to see if the pain goes away. Your medical records establish the connection between the workplace incident and your injuries. Gaps in treatment give insurance adjusters ammunition to argue that your injuries were not serious or were caused by something else.

Third, gather evidence while it is still available. Take photographs of the scene, your injuries, and any equipment involved. Get contact information from any coworkers who witnessed the incident. Under OSHA’s recordkeeping rules at 29 CFR Part 1904, your employer is required to document the injury on OSHA Form 301. You have the right to request a copy of that record.

Fourth, contact an attorney before you speak to any insurance adjuster or sign any documents. Insurance carriers and non-subscriber benefit plan administrators work to limit what they pay out. They may contact you quickly after an injury, sometimes while you are still in the hospital, and ask for recorded statements. You are not required to give one without legal representation. If you have been hurt on a job site near Rhome, in Wise County, or anywhere in the Denton area, call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation. Past results in any case do not guarantee the same outcome in your case, as each matter depends on its own facts and applicable law.

FAQs About Rhome Workplace Injury Claims

Does my employer in Texas have to carry workers’ compensation insurance?

No. Texas is the only state where most private employers can legally choose not to carry workers’ compensation insurance. Employers who opt out are called non-subscribers. They must report their non-subscriber status to the Texas Department of Insurance, Division of Workers’ Compensation, every year. If your employer is a non-subscriber and you are injured on the job, you cannot file a workers’ compensation claim, but you can file a personal injury lawsuit directly against your employer. In that lawsuit, your employer loses several key legal defenses, including the ability to argue that you assumed the risk of injury or that a coworker’s negligence caused your injury.

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

The deadlines depend on your employer’s coverage status. If your employer is a workers’ compensation subscriber, you must report the injury within 30 days and file a formal claim with the Texas Division of Workers’ Compensation within one year of the injury date. If your employer is a non-subscriber and you are filing a personal injury lawsuit, the general statute of limitations under Texas Civil Practice and Remedies Code Section 16.003 is two years from the date of the injury. Missing either deadline can permanently bar your right to compensation, so contacting an attorney promptly is essential.

What if I was partially at fault for my own workplace injury in Texas?

Under the Texas workers’ compensation system, fault does not matter. Benefits are paid regardless of who caused the injury, as long as it happened in the course and scope of employment. In a civil lawsuit against a non-subscriber employer, Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code. You can still recover damages as long as you are not more than 50 percent at fault for the accident. However, your damages will be reduced by your percentage of fault. Non-subscriber employers cannot use contributory negligence as a complete defense, which puts injured workers in a stronger position than in a standard negligence case.

Can I sue a third party even if my employer has workers’ compensation insurance?

Yes. Workers’ compensation is your exclusive remedy against your employer if they are a subscriber, but it does not prevent you from suing a third party whose negligence contributed to your injury. For example, if a defective piece of equipment caused your injury, you may have a product liability claim against the manufacturer. If a subcontractor on your job site created an unsafe condition, you may have a claim against that company. Third-party claims can allow you to recover damages that workers’ compensation does not cover, including pain and suffering and full lost wages. These situations require careful legal analysis, and Chandler Ross Injury Attorneys can evaluate whether a third-party claim exists in your case.

What types of compensation can I recover in a non-subscriber workplace injury lawsuit?

In a civil lawsuit against a non-subscriber employer, you can seek a much broader range of damages than workers’ compensation provides. These include past and future medical expenses, past and future lost wages, loss of earning capacity, physical pain and suffering, mental anguish, and disfigurement. In cases involving gross negligence, punitive damages may also be available under Texas Civil Practice and Remedies Code Chapter 41. Because non-subscriber employers lose key legal defenses, injured workers are often in a stronger position to recover meaningful compensation. The specific amount depends entirely on the facts of your case, and no attorney can guarantee a particular outcome. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss the details of your situation.

Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. Attorney advertising. Past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts and applicable law.

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