A workplace accident resulting in an injury can not only cause serious pain, but also loss of income from time spent in recovery, lost earning potential due to disability and inability to continue working, and financial strain from medical expenses.
If you recently suffered a workplace injury in the Dallas, TX area and are unsure what to do next, contact the team at Aaron A. Herbert, P.C. today for a free consultation, and we can let you know how our firm can assist you with your workplace injury claim.
- Board Certified, Personal Injury Trial Law
- Dallas-Fort Worth
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- Free case reviewDiscuss your workplace injury
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- Dallas-Fort WorthTexas workplace claims
- Coverage
- Employer insuranceSubscriber and non-subscriber issues
- Evidence
- Records and reportsThe incident and its effects
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- Your legal optionsDiscuss your next steps
On this page
Find the information you need
Employer coverage
After an injury
Questions about a claim
Read the filing discussion, then contact the firm about your circumstances.
Workplace injury context
Workplace injuries affect workers and families across the country. The U.S. Bureau of Labor Statistics recorded 5,070 fatal work injuries in the United States in 2024, including employees and self-employed workers. This annual count excludes illness-related deaths unless an injury event precipitated the death. Separately, BLS estimated 2,488,400 employer-reported nonfatal workplace injury and illness cases in private industry in 2024. The nonfatal estimate is limited to recordable cases within the survey’s coverage.
Workers’ Compensation in Texas
Under Texas’ workers’ compensation laws, an employer’s workers’ compensation insurance applies to any injury or illness an employee sustains during job-related duties.
Location is generally irrelevant if the employee was performing his or her job-related duties when the injury or illness occurred.
For example, a construction worker driving to a job site with a supply delivery suffers an injury when another driver hits his truck. In this case, even though the employer had nothing to do with the accident because the accident occurred while the employee was performing his job-related duties, workers’ compensation would apply.
However, workers’ compensation does not apply if the employee acted outside the scope of his or her employment, engaged in any illegal or intentionally dangerous behavior, or if the accident occurred while the employee was engaged in any off-duty activities.
The injured worker must report the injury or illness within 30 days, but it’s a good rule of thumb to report such incidents as soon as possible. Any delay on the injured employee’s part may hurt his or her chances of securing benefits.
Workers’ compensation in Texas offers medical benefits, income benefits, and survivor benefits in the event of a job-related death. Medical benefits will pay for an injured employee’s immediate medical costs after a job-related injury or illness.
Income benefits will offer financial assistance while the employee recovers and cannot work. Survivor benefits seek to repay the families of employees who die from job-related illnesses and injuries.
Benefit of Non-Subscriber vs Workers' Compensation Claims
Workers’ compensation is a state-regulated insurance program that pays the medical bills and replaces a portion of the lost wages if the employee has a work-related injury or illness.
If an employer has workers’ compensation insurance, Texas law limits the employer’s liability for work-related injuries.
While injured employees may get medical and income benefits set by state law, the subscribing employer has immunity from most lawsuits filed by injured employees.
Employers that are non-subscribers to state-regulated workers' compensation insurance can be sued for negligently causing injury and wrongful death. Employers can also be forced to pay high damage awards if an injured employee can prove in court that the employer was negligent in any way.
Under Texas law, a non-subscriber employer can be held responsible for 100% of an injured employee's damages even if the employer is able to allege the employee was arguably 99% at fault for the incident, if proven that the employer was at least 1% at fault.
Texas Workers' Compensation Insurance is designed to protect employers, not help with the serious bodily injury or death of employees.
After a serious work-related injury, who is going to give you back the joy and camaraderie of a good game of tennis with a friend, flag football with the kids, hiking in the woods on a crisp fall day, bowling that perfect game, or dancing with someone you love?
Who’s going to pay you for the loss of all those things that made your life worth living? If you’re like most people dealing with a serious injury, these are even greater losses than the cost of treatment and the paychecks you lost.
Common Workplace Conditions That Cause Injury
These are a few of many unsafe conditions that can cause a serious workplace accident:
- Trip and fall accidents,
- Improperly maintained machinery,
- Locked or blocked exits,
- Exposed or worn electrical wires,
- Lack of provide safety gear,
- Environmental hazards and toxic substances,
- Non-ergonomic work stations, and
- OSHA violations.
What to Do After a Workplace Accident in Texas?
Texas is one of the few states that do not require employers to carry workers' compensation insurance. However, many Texas employers still do because it can help them avoid civil liability from personal injury claims from injured employees.
Report the injury
You should report any workplace injury immediately, regardless of whether your employer carries workers' compensation insurance. Failing to report your injury in a timely fashion may interfere with a future workers’ compensation claim or lawsuit.
Claim documentation
After reporting the incident your employer will provide you with workers’ compensation claim forms and other necessary documentation.
Discuss your next steps
If workers’ compensation is not available through your employer, you should still report the incident to create a record of your injury. In either case, contact an injury attorney as soon as you receive medical treatment for your injuries.
Prepare for your consultation
Gather the information you already have. Missing records do not prevent you from contacting the firm.
Why Choose Aaron A. Herbert, P.C.?
When you suffer a workplace injury, the claims process for workers’ compensation can be confusing. You may have additional or alternative options for recovery.
The right attorney can make a tremendous difference in the outcome of your workplace injury.
Board certification
Aaron A. Herbert is one of 2% of Texas attorneys who have completed board certification in personal injury law.
Texas experience
Our firm has more than a decade of experience handling all types of civil claims for our clients in Texas, and we can put that experience to work in your workplace injury case.
Personal support
We understand a workplace injury can be a very personal and stressful experience, so we want to help you focus on your recovery by handling your legal issues on your behalf.
Claims experience
We have extensive experience with the Texas workers’ compensation system and can help ensure you receive the most benefits possible from your claim.
Hiring an attorney is a major decision, and Aaron A. Herbert, P.C. can help you handle the most complex workplace injury claims.
Workplace claim questions
How to File for Workers’ Compensation in Dallas?
If your employer carries workers’ compensation insurance, your supervisor should provide you with all the materials you need to file for workers’ compensation.
You will need to see a physician on the insurance carrier’s approved list, and he or she will examine your injuries and assign a disability rating for your claim.
Once you submit your claim and receive treatment and a disability rating, the state workers’ compensation board will investigate your claim and approve it if you meet the requirements for benefits.
If you suffered a severe injury that requires immediate treatment, you may see any available doctor until the emergency stabilizes, then you must see one of the physicians on the workers’ compensation insurance carrier’s approved list.
How Can a Dallas Workplace Accident Attorney Help?
When you face a workplace injury claim, you not only may have the option of filing for workers’ compensation but also taking additional legal action to fully recoup your losses.
Your injury attorney in Dallas can help you with your initial workers’ compensation claim, handle communications and negotiations with insurance companies, and help you gather evidence if a workers’ compensation claim is not possible or would not provide enough to fully cover your damages.
Workplace injury resources
Find A Dallas Workplace Injury Lawyer
Filing for workers’ compensation is never easy. Even if your employer is agreeable and helpful with your claim, the doctor may not make the diagnosis you expected, and you may receive fewer benefits than your injuries deserve.
The right attorney can help you determine your best options for recovery regardless of whether workers' compensation comes into play. Contact us online or call us at 214.200.4878 the team at Aaron A. Herbert, P.C. today to schedule a free consultation and learn about your legal options after a workplace injury.