Getting hurt at work turns your life upside down. Medical bills pile up, paychecks stop coming, and you are left wondering what your rights actually are. If you work in or around Sherman, Texas, and you suffered a workplace injury, the answer to that question matters more than you might think. Texas has some of the most unique workplace injury laws in the country, and knowing how they apply to your situation is the first step toward getting the compensation you deserve. The personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas serve injured workers throughout the Sherman area and are ready to fight for you. Call us at (940) 800-2500 for a free consultation.

Table of Contents

• Why Texas Workplace Injury Law Is Different From Every Other State
• Common Types of Workplace Injuries in Sherman and Grayson County
• Your Legal Rights as an Injured Worker Under Texas and Federal Law
• How the Claims Process Works for Sherman Workplace Injury Victims
• What Compensation Can You Recover After a Sherman Workplace Injury
• FAQs About Sherman Workplace Injury Claims

Why Texas Workplace Injury Law Is Different From Every Other State

Texas stands alone in the country when it comes to workers’ compensation. Texas is the only state in the country where employers can choose not to carry workers’ compensation insurance. That single fact changes everything about how your workplace injury claim works.

In most states, workers’ compensation is mandatory. Your employer carries it, you file a claim, and you receive a set amount of benefits. Texas gives employers a choice. An employer that carries workers’ compensation insurance is called a “subscriber.” One that does not carry it is called a “non-subscriber.” If you are injured while working for a non-subscriber, your rights and your potential compensation look very different from a traditional workers’ comp claim.

This distinction matters because it determines what legal path you can take. In Texas, an employer can choose to carry workers’ compensation insurance. If the employer decides to subscribe, the injured employee must file a workers’ comp claim and cannot sue their employer for a work-related injury. On the other hand, if the employer is a Texas non-subscriber, the injured worker may sue for negligence.

The Texas Workers’ Compensation Act governs these rules. Under Texas Labor Code Section 406.033, non-subscribing employers lose several key legal defenses when an injured worker sues them. Under the Texas Workers’ Compensation Act, employers who elect not to carry workers’ compensation insurance are labeled “nonsubscribers.” In exchange for avoiding the cost and regulatory burdens of workers’ compensation coverage, these employers expose themselves to significantly increased liability in the event of a workplace injury. Most notably, nonsubscribing employers forfeit several common-law defenses, including contributory negligence, assumption of the risk, and the negligence of fellow employees.

If your employer carries workers’ compensation, you are still not without options. Workers who are injured due to a third party’s negligence, such as a defective piece of equipment or a contractor on site, can pursue a separate civil claim outside of the workers’ comp system. Understanding which path applies to your situation is exactly where Chandler Ross Injury Attorneys can help.

Common Types of Workplace Injuries in Sherman and Grayson County

Sherman sits along U.S. Highway 75 in Grayson County, and the area’s industrial and commercial growth has brought with it a steady rise in workplace accidents. Workers in manufacturing, construction, warehousing, and agriculture face serious hazards every day. No matter what industry you work in, certain injury types appear again and again in workplace injury claims across North Texas.

Falls remain the single most dangerous hazard in American workplaces. One way to determine the state of workplace safety is by examining violation trends. The top cited OSHA standards from Fiscal Year 2024 show that fall protection general requirements led all violations with 7,036 citations, followed by hazard communication with 3,277 citations and control of hazardous energy (lockout/tagout) with 2,967 citations. These are not just numbers on a government report. They represent real people who fell from scaffolding, slipped on wet surfaces, or were caught in machinery that was not properly shut down.

Workplace injuries in the Sherman area commonly include:

• Falls from heights on construction sites near U.S. 82 and the Loop 336 corridor
• Forklift and heavy equipment accidents in warehouse and distribution facilities
• Repetitive stress injuries in manufacturing plants
• Chemical exposure and burns in industrial settings
• Crush injuries from machinery and equipment failures
• Struck-by accidents involving vehicles or falling objects

Injuries like traumatic brain injuries, spinal cord damage, and severe burns can permanently alter your ability to work and live your life. These catastrophic outcomes demand full and fair compensation, not just a partial wage replacement check. According to the U.S. Bureau of Labor Statistics, employers reported 2.5 million injury and illness cases in private industry in 2024, down 3.1 percent from 2023. Even with that slight decline, millions of workers are still getting hurt every year, and Texas workers are not immune.

If your injury falls into any of these categories, you need to speak with an attorney before you accept any payment or sign any documents from your employer or their insurer. Call Chandler Ross Injury Attorneys at (940) 800-2500 today.

Your Legal Rights as an Injured Worker Under Texas and Federal Law

Your rights after a workplace injury depend on whether your employer is a subscriber or non-subscriber to Texas workers’ compensation. Both paths carry real legal protections, but they work very differently.

If your employer carries workers’ compensation insurance, a policy through the Texas Department of Insurance Division of Workers’ Compensation (DWC) provides you with lost wages and medical benefits. The exclusive remedy provision of the Texas Workers’ Compensation Act, which shields subscribing employers from civil lawsuits by injured employees, does not apply to nonsubscribers. That means if your employer is a subscriber, your workers’ comp claim is generally your primary remedy, not a lawsuit against your employer.

However, if your employer is a non-subscriber, the rules shift in your favor in a significant way. If your employer is a non-subscriber and there is no employment policy requiring that you submit your injury claim to binding arbitration, you can file a personal injury lawsuit against your employer. A lawsuit may allow you to recover more than workers’ compensation in that you can seek damages for pain and suffering, loss of enjoyment of life, and loss of companionship or consortium.

Federal law also plays a role for certain workers. The Occupational Safety and Health Administration (OSHA), the federal agency responsible for setting and enforcing workplace safety standards, requires employers to maintain safe work environments. Employers covered by OSHA are required to report workplace fatalities to the agency within 8 hours of the event. When an employer violates OSHA standards and a worker gets hurt as a result, that violation can serve as powerful evidence of negligence in a personal injury lawsuit.

Workers in maritime industries may have additional rights under federal law. Under 46 U.S.C. Section 30104, commonly known as the Jones Act, a seaman injured in the course of employment may elect to bring a civil action at law with the right of a jury trial against the employer. Similarly, the Longshore and Harbor Workers’ Compensation Act (LHWCA) under 33 U.S.C. Section 905 provides remedies for certain waterfront workers. These federal statutes apply to specific categories of workers and carry their own filing requirements and deadlines.

No matter which legal framework applies to your situation, Chandler Ross Injury Attorneys can review the facts of your case and explain your options clearly. You should never have to guess about your rights.

How the Claims Process Works for Sherman Workplace Injury Victims

The steps you take immediately after a workplace injury in Sherman directly affect the strength of your claim. Acting quickly and correctly protects your rights and preserves the evidence you need.

First, report your injury to your employer right away. Texas law requires non-subscriber employers to report work-related injuries resulting in more than one day of lost time to the Texas Department of Insurance Division of Workers’ Compensation. Under federal recordkeeping rules, employers are required to electronically submit injury and illness data to OSHA. Your own report to your employer creates a paper trail that protects you if the employer later tries to dispute your claim.

Second, seek medical treatment immediately. Document every symptom, every appointment, and every prescription. Your medical records are the foundation of your damages claim. Do not let your employer direct you to their chosen doctor without understanding your rights first. Employers can decide which doctors can be used by a worker who is injured. Doctors who are picked by your employer may be more likely to minimize your injuries, so the company can deny you benefits.

Third, gather evidence from the scene. Photographs of the hazard that caused your injury, witness contact information, and any written safety complaints you previously made to your employer are all valuable. If your accident happened near a recognizable location, such as along U.S. 75 near the Grayson County Courthouse or at an industrial facility off FM 1417, document that location specifically.

Fourth, contact an attorney before speaking with any insurance adjuster. Insurance companies, whether your employer’s or a third party’s, are not on your side. They are focused on minimizing what they pay out. An attorney from Chandler Ross Injury Attorneys can handle all communications on your behalf so that nothing you say is used against you.

Texas Civil Practice and Remedies Code Chapter 16 sets the statute of limitations for personal injury claims at two years from the date of the injury. Missing that deadline ends your right to recover compensation. Do not wait. Call (940) 800-2500 as soon as possible after your injury.

What Compensation Can You Recover After a Sherman Workplace Injury

The compensation available to you depends on the type of claim you have. Workers’ compensation benefits and personal injury lawsuit damages are two very different things, and the difference in value can be substantial.

In a workers’ compensation claim, your benefits are capped and formula-based. In a workers’ compensation claim, you typically get compensated only for a portion of your lost wages, and your medical expenses are covered for only certain medical providers. There is no payment for pain and suffering, emotional distress, or loss of quality of life under a standard workers’ comp claim.

A personal injury lawsuit against a non-subscribing employer is a completely different story. In a non-subscriber personal injury claim, the injured worker must prove that the employer’s negligence was the direct cause of their injuries. This can include failing to provide adequate training, maintaining unsafe work conditions, or not following safety regulations. Successful claims can result in compensation for medical expenses, lost wages, pain and suffering, and potentially punitive damages.

Recoverable damages in a workplace injury lawsuit may include:

• All past and future medical expenses, including surgery, hospitalization, physical therapy, and prescriptions
• Lost wages and loss of future earning capacity
• Physical pain and mental anguish
• Disfigurement and physical impairment
• Loss of consortium for your spouse or family members
• Punitive damages in cases involving gross negligence

If your loved one died from a workplace injury, a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71 may allow surviving family members to recover compensation for their own losses. These cases are among the most serious matters our firm handles, and we approach them with the care and attention they deserve.

Past results in any case do not guarantee the same outcome in your case, because every claim turns on its own facts and applicable law. What we can promise is that Chandler Ross Injury Attorneys will work hard to pursue every dollar you are entitled to under Texas law. Reach out to us at (940) 800-2500 to discuss what your case may be worth.

FAQs About Sherman Workplace Injury Claims

What is the difference between a workers’ compensation claim and a personal injury lawsuit after a workplace accident in Texas?

A workers’ compensation claim is filed through your employer’s insurance and provides limited benefits, including partial wage replacement and covered medical care. You generally cannot sue your employer if they are a workers’ comp subscriber. A personal injury lawsuit, filed against a non-subscribing employer or a negligent third party, allows you to seek full damages including pain and suffering, loss of earning capacity, and in some cases punitive damages. The right path depends entirely on whether your employer carries Texas workers’ compensation insurance.

How do I find out if my employer in Sherman is a workers’ compensation subscriber or non-subscriber?

You can check your employer’s coverage status through the Texas Department of Insurance Division of Workers’ Compensation (DWC) online database. Texas law also requires employers to post a notice in a visible, high-traffic area of the workplace stating whether they carry workers’ compensation coverage. If you are unsure, an attorney at Chandler Ross Injury Attorneys can verify your employer’s status quickly and explain what it means for your claim. Call us at (940) 800-2500 for help.

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

For a personal injury lawsuit against a non-subscribing employer, the statute of limitations under Texas Civil Practice and Remedies Code Chapter 16 is generally two years from the date of the injury. For workers’ compensation claims, you must report the injury to your employer within 30 days and file a claim with the DWC within one year. Missing either deadline can permanently bar your recovery. Contact Chandler Ross Injury Attorneys as soon as possible after your injury to protect your rights.

Can I be fired for reporting a workplace injury or filing a claim in Texas?

Texas Labor Code Section 451.001 prohibits employers from retaliating against an employee for filing a workers’ compensation claim in good faith. If your employer fires you, demotes you, or otherwise punishes you for reporting a work injury or pursuing a claim, you may have a separate retaliation claim against them. Documenting your employer’s actions immediately after your injury is critical. An attorney can advise you on whether your employer’s conduct crosses the legal line and what remedies are available to you.

What should I do if my employer’s insurance company contacts me after my workplace injury?

Do not give a recorded statement, accept any settlement offer, or sign any documents before speaking with an attorney. Insurance adjusters are trained to gather information that can be used to reduce or deny your claim. Even a seemingly casual phone call can hurt your case if you say the wrong thing. The attorneys at Chandler Ross Injury Attorneys can handle all communications with insurers on your behalf, protecting your rights from the very beginning of the process. Call us at (940) 800-2500 before you respond to any insurance contact.

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