My employer says I cannot sue because they have workers comp. Is that true?

It depends on the type of claim. If your employer is a DWC subscriber, Texas law generally limits your remedy to workers' comp benefits for claims against the employer directly. You cannot sue a subscriber employer for tort damages for most workplace injuries. However, you can still sue third parties whose negligence contributed to your injury, even if your employer is a subscriber. If your employer is a non-subscriber and opted out of the DWC system under [Tex. Labor Code Section 406.002](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm), you can file a civil lawsuit against them for full tort damages.

How long do I have to file a workers comp claim in Texas?

For DWC subscriber claims, you must notify your employer within 30 days of your injury under [Tex. Labor Code Section 409.001](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm). Your formal DWC claim must be filed within one year under [Tex. Labor Code Section 409.003](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm). For a civil lawsuit against a non-subscriber employer or a third party, the statute of limitations is two years from the injury date under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). These deadlines run on different tracks and both start from your injury date.

What are TIBs, IIBs, SIBs, and LIBs?

These are the four income benefit tiers for injured workers in the Texas DWC subscriber system under [Tex. Labor Code Chapter 408](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm). Temporary Income Benefits (TIBs) replace 70% of your average weekly wage while you recover. Impairment Income Benefits (IIBs) begin after you reach maximum medical improvement and are based on your impairment rating. Supplemental Income Benefits (SIBs) provide ongoing quarterly payments if your impairment rating is 15% or higher and you cannot return to 80% of pre-injury earnings. Lifetime Income Benefits (LIBs) apply to total and permanent disability situations and continue for the rest of your life.

Can I get more than DWC benefits if a third party caused my injury?

Yes. If a third party other than your employer contributed to your injury, you can file a civil tort claim against them regardless of your employer's subscriber status. Third-party defendants can include equipment manufacturers, subcontractors, property owners, or other companies whose negligence was a contributing cause. A successful third-party claim can recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and potentially exemplary damages. Your DWC carrier may hold a subrogation lien under [Tex. Labor Code Section 417.001](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.417.htm) on any third-party recovery for benefits already paid.

What three defenses does a non-subscriber employer lose?

When a private employer opts out of workers' compensation under [Tex. Labor Code Section 406.002](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm) and an employee sues for a work injury, the employer cannot raise contributory negligence, assumption of risk, or the fellow servant doctrine. These are three of the most powerful defenses available to defendants in Texas personal injury cases. Without them, the employer's only real argument is that it was not negligent at all. This makes non-subscriber cases significantly more favorable for injured workers than standard civil tort claims.

Does the two-year statute of limitations apply to work injuries in Texas?

The two-year statute of limitations under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) applies to civil tort claims, including non-subscriber lawsuits and third-party work injury claims. It does not govern DWC subscriber claims, which have a separate one-year claim filing deadline with the DWC under [Tex. Labor Code Section 409.003](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm). Both timelines start running from the date of injury. Missing either deadline can eliminate your claim entirely.

How do I find out if my employer is a subscriber or non-subscriber?

You can verify your employer's workers' compensation subscriber status through the [Texas Division of Workers Compensation online verification tool](https://www.tdi.texas.gov/wc/) at tdi.texas.gov/wc. Subscriber status is a public record. Large Fort Worth employers like Bell Textron, American Airlines, and major healthcare networks are typically subscribers. Smaller contractors and service companies are more often non-subscribers. If you cannot confirm status online or your employer gives you conflicting information, an attorney can verify it directly.

My employer is a railroad company. Does Texas workers comp apply?

No. Railroad workers in Texas are covered by the Federal Employers Liability Act (FELA), [45 U.S.C. Section 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim), not the Texas DWC system. FELA applies to employees of interstate railroads, including BNSF Railway workers at the Fort Worth railyard. Under FELA, you can sue your railroad employer directly for negligence. Unlike Texas non-subscriber cases, FELA does not strip the employer of contributory negligence as a defense, though it does allow proportionate recovery rather than a complete bar. FELA claims have their own three-year statute of limitations and separate procedural rules. You need an attorney with FELA experience, not just Texas workers' comp experience.

Fort Worth Workers Compensation Lawyer

No one searches for a workers comp attorney because things are going well. Something happened on the job. Now you have questions about what you're owed, what your employer is required to do, and whether you even have a claim.

This page explains how Texas workers' compensation actually works, including the part most people don't know: Texas employers can opt out. Whether your employer carries coverage or not changes everything about your options. Morris & Dewett handles workplace injury cases in Fort Worth and across Tarrant County. Take your time. Do your research. Reach out when you're ready.

Texas Workers Comp Is Optional: What That Means for Your Case

Texas is the only state in the country where private employers can opt out of workers' compensation. Tex. Labor Code Section 406.002 makes coverage entirely voluntary for private employers. That single fact determines your entire legal path.

Subscriber employers carry coverage through the DWC. If your employer is a subscriber, the DWC system is typically your exclusive remedy. You get income benefits and medical coverage, but you generally cannot file a tort lawsuit against the employer for pain and suffering.

Non-subscriber employers are a different situation. If your employer did not buy workers' comp coverage, you can sue them in civil court for full tort damages under CPRC Chapter 33. Non-subscriber cases are among the most favorable in Texas employment law because the employer loses three critical defenses.

When a non-subscriber employer gets sued for a work injury, they cannot argue:

That you were contributorily negligent
That you assumed the risk of the job
That a fellow employee caused the accident (fellow servant doctrine)

Without those defenses, the employer's only position is whether they were negligent at all. That is a significantly lower bar for injured workers to clear. Before you do anything else, confirm your employer's status. You can check subscriber status through the Texas Division of Workers Compensation online verification tool.

Ask any attorney you consider this: can they tell you, right now, how to verify subscriber status and what that verification changes about your case? If they cannot answer that specifically, they are not handling these cases regularly. We verify status on every intake call. It is the first thing that matters.

Learn more about Fort Worth injury claims

What Benefits Does the Texas DWC System Provide to Covered Employees?

Texas DWC subscriber employees receive four income benefit tiers, medical benefits, and death benefits under Tex. Labor Code Chapter 408. Each tier covers a different stage of recovery.

TIBs replace wage income during the recovery period. You receive 70% of your average weekly wage, calculated over the 13 weeks before your injury. TIBs stop when you reach MMI, when you return to work, or at the statutory maximum period.

IIBs begin after MMI. A doctor assigns an impairment rating, and that rating determines the number of weeks of IIBs you receive. If your rating is higher, you get more weeks of benefits.

If your impairment rating is 15% or higher, you may qualify for SIBs. SIBs are quarterly and continue as long as you cannot earn 80% of your pre-injury wage. LIBs apply to total and permanent disability situations.

All DWC income benefits are capped at 104% of the state average weekly wage. Medical benefits cover reasonable and necessary treatment under the DWC fee schedule. Death benefits are available to surviving spouses, children, and other qualifying dependents under Tex. Labor Code Section 408.181.

When evaluating a workers' comp attorney in Fort Worth, ask specifically whether they handle DWC dispute hearings. Many firms refer out when a claim gets contested. Morris & Dewett handles the DWC process from initial claim through disputed benefit proceedings.

Critical Deadlines: DWC Claims and Non-Subscriber Lawsuits

Missed deadlines are the most preventable reason workers lose otherwise valid claims. The deadlines are different depending on whether your employer is a subscriber or not.

For subscriber employees, Tex. Labor Code Section 409.001 requires you to notify your employer within 30 days of your injury. This is a written notice requirement. Missing it can forfeit your DWC benefits entirely unless you can show good cause or prove the employer had actual notice of the injury. After notifying your employer, you have one year to file your formal DWC claim under Tex. Labor Code Section 409.003.

For non-subscriber lawsuits, the standard personal injury statute of limitations applies. CPRC Section 16.003(a) gives you two years from the date of injury to file suit. Two years sounds like plenty of time. It is not, because investigation, evidence gathering, and medical documentation all take time. The earlier you engage an attorney, the more options you have.

Do not wait to see if the injury heals before consulting an attorney. Two deadlines are running simultaneously from the day you are hurt: the 30-day notice for DWC and the clock on any parallel third-party claims. Missing the notice deadline does not mean your case is over, but it complicates it significantly.

When you speak with any attorney about a work injury, ask them to identify every deadline that applies to your specific situation. A subscriber employee and a non-subscriber employee face different clocks. A claim with a third-party component adds another track. An attorney who gives you a single deadline without distinguishing between these situations is not giving you complete information.

Third-Party Claims When a Subscriber Employer Limits Your Recovery

Subscriber employees can sue third parties whose negligence contributed to their work injury, even though they cannot sue the employer directly. The DWC exclusive remedy rule shields your employer. It does not shield anyone else.

Fort Worth work sites routinely involve multiple parties. A construction site on the DFW Airport expansion may have a general contractor, multiple subcontractors, and equipment rental companies. A logistics hub or manufacturing facility may involve property owners separate from the operating employer. Each one can carry independent liability. Only your employer is shielded by the DWC exclusive remedy rule.

Product liability claims against equipment manufacturers fall under CPRC Chapter 82. If a defective tool, scaffolding component, or piece of machinery contributed to your injury, the manufacturer can be sued regardless of your employer's subscriber status. Premises liability claims against property owners who are not your employer can also proceed under the invitee standard of ordinary care.

Third-party recovery is separate from and in addition to your DWC benefits. You can collect DWC income and medical benefits from your employer's carrier while simultaneously pursuing the third party in civil court. One important caveat: under Tex. Labor Code Section 417.001, the DWC carrier typically holds a subrogation lien on any third-party recovery for benefits it has paid. Your attorney needs to account for that lien in any settlement calculation.

Ask any attorney you are considering whether they have handled cases involving DWC subrogation liens alongside third-party tort claims. These are separate legal tracks running simultaneously. An attorney who only handles one of them may not be equipped for the full picture. View product liability claims View premises liability claims

Fort Worth Employer Context: Industries and Workplace Hazard Types

The type of work injury claim available to you in Fort Worth depends partly on your industry. Tarrant County's employment base spans aerospace, logistics, construction, aviation, rail, and healthcare. Each sector presents distinct hazard types and different legal frameworks.

Bell Textron, American Airlines, and Lockheed Martin represent the aerospace and defense manufacturing sector. These facilities involve precision machinery, aircraft components, and ground operations at DFW. Amazon operates multiple logistics and fulfillment hubs in the DFW metro. BNSF Railway runs one of the largest railyards in the country from its Fort Worth operations. Healthcare networks including JPS Health Network and Texas Health Resources employ tens of thousands across the region.

Construction is active throughout Tarrant County, driven by DFW Airport expansion, infrastructure projects, and mixed-use development. Construction site hazards include falls from elevation, electrocution, struck-by incidents from vehicles or falling materials, and caught-in hazards from equipment. These incidents routinely involve multiple contractors and clear third-party liability potential.

One category stands apart: railroad workers. BNSF employees and others working in rail operations are not covered by Texas workers' compensation. They are covered by the FELA. Under FELA, railroad workers can sue their employer directly for negligence. The rules differ from both the DWC system and standard Texas non-subscriber law. If you work for a railroad company, the starting question is FELA eligibility, not subscriber status.

When discussing your case with an attorney, ask whether they have experience with the specific hazard type involved in your injury. A Fort Worth workers' comp attorney who primarily handles office slip-and-falls may not be the right fit for an aviation ground operations injury or a construction site caught-in incident.

Proportionate Responsibility and Work Injury Claims

Texas uses a proportionate responsibility system under CPRC Chapter 33. If you are 51% or more at fault for your own injury, you recover nothing. If you are 50% or less at fault, your damages are reduced by your fault percentage.

This matters in non-subscriber lawsuits and third-party claims. In a non-subscriber case, your employer cannot raise contributory negligence as a defense. That means the employer cannot argue that you were partially at fault to push your responsibility percentage up. The 51% bar still exists, but the employer cannot use contributory negligence to get you there.

In third-party claims, the calculus changes. CPRC Section 33.004 allows defendants to designate responsible third parties to allocate fault. An equipment manufacturer sued in a product liability claim can designate your employer, a subcontractor, or even you as responsible parties. Each designation affects what the designated party pays, and whether joint and several liability applies to the over-50% defendants under CPRC Section 33.013.

Corporate defendants and their insurance carriers in Tarrant County routinely contest fault percentages. The earlier your attorney begins building the fault allocation picture, the better positioned you are when the defense starts its own narrative. Ask any attorney you speak with how they approach fault percentage disputes and whether they use accident reconstruction experts. That tells you whether they are prepared for the way these cases actually get defended.

Learn more about Fort Worth injury claims

What Texas Law Allows You to Recover in a Non-Subscriber or Third-Party Claim

If your employer is a non-subscriber or a third party contributed to your injury, you can pursue full tort damages in civil court. That is a fundamentally different legal track from DWC benefits.

Economic damages include all medical expenses, past and future lost wages, and Loss of Earning Capacity. Medical expense recovery under Texas law is limited to amounts actually paid or incurred. CPRC Section 41.0105 codifies this rule, reinforced by the Texas Supreme Court in Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012). You cannot recover the full billed amount if your insurance negotiated a lower rate. Your attorney needs to account for this in any damages analysis.

Non-economic damages cover pain and suffering, mental anguish, and loss of consortium. There is no statutory cap on non-economic damages in non-medical-malpractice work injury cases. That distinguishes Texas work injury tort claims from medical malpractice, where CPRC Section 74.301 applies strict caps.

For cases involving gross negligence by an employer or third party, exemplary damages are available under CPRC Section 41.008. The standard is clear and convincing evidence of malice, fraud, or gross negligence. The cap is the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000.

Compare this to what a subscriber DWC claim provides: income benefits only. No pain and suffering. No loss of earning capacity beyond the wage formula. No exemplary damages. The subscriber system trades lawsuit rights for no-fault benefit access. Whether that trade was worth it depends on the severity of your injury.

Morris & Dewett handles both DWC claims and civil tort cases for workplace injuries in Tarrant County. We review our case results at our results page. Do your research. Compare firms. Make the decision that fits your situation.

What About the Two-Year Statute of Limitations?

Texas gives injured workers two years to file a civil lawsuit under CPRC Section 16.003(a). This applies to non-subscriber lawsuits and third-party tort claims. It does not apply to DWC claims, which have their own separate one-year filing deadline.

Two years is a hard cutoff. The discovery rule can extend it in limited cases where an injury was inherently undiscoverable, but workplace injuries rarely qualify. The clock typically starts the day you are hurt. If you are injured today, your lawsuit must be filed within two years.

There is no benefit to waiting. Evidence deteriorates. Witnesses move. Accident scenes get repaired or demolished. The timeline of a properly investigated case runs forward from the day of injury, not backward from the filing deadline.

Frequently Asked Questions

My employer says I cannot sue because they have workers comp. Is that true?: It depends on the type of claim. If your employer is a DWC subscriber, Texas law generally limits your remedy to workers' comp benefits for claims against the employer directly. You cannot sue a subscriber employer for tort damages for most workplace injuries. However, you can still sue third parties whose negligence contributed to your injury, even if your employer is a subscriber. If your employer is a non-subscriber and opted out of the DWC system under [Tex. Labor Code Section 406.002](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm), you can file a civil lawsuit against them for full tort damages.
How long do I have to file a workers comp claim in Texas?: For DWC subscriber claims, you must notify your employer within 30 days of your injury under [Tex. Labor Code Section 409.001](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm). Your formal DWC claim must be filed within one year under [Tex. Labor Code Section 409.003](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm). For a civil lawsuit against a non-subscriber employer or a third party, the statute of limitations is two years from the injury date under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). These deadlines run on different tracks and both start from your injury date.
What are TIBs, IIBs, SIBs, and LIBs?: These are the four income benefit tiers for injured workers in the Texas DWC subscriber system under [Tex. Labor Code Chapter 408](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm). Temporary Income Benefits (TIBs) replace 70% of your average weekly wage while you recover. Impairment Income Benefits (IIBs) begin after you reach maximum medical improvement and are based on your impairment rating. Supplemental Income Benefits (SIBs) provide ongoing quarterly payments if your impairment rating is 15% or higher and you cannot return to 80% of pre-injury earnings. Lifetime Income Benefits (LIBs) apply to total and permanent disability situations and continue for the rest of your life.
Can I get more than DWC benefits if a third party caused my injury?: Yes. If a third party other than your employer contributed to your injury, you can file a civil tort claim against them regardless of your employer's subscriber status. Third-party defendants can include equipment manufacturers, subcontractors, property owners, or other companies whose negligence was a contributing cause. A successful third-party claim can recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and potentially exemplary damages. Your DWC carrier may hold a subrogation lien under [Tex. Labor Code Section 417.001](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.417.htm) on any third-party recovery for benefits already paid.
What three defenses does a non-subscriber employer lose?: When a private employer opts out of workers' compensation under [Tex. Labor Code Section 406.002](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm) and an employee sues for a work injury, the employer cannot raise contributory negligence, assumption of risk, or the fellow servant doctrine. These are three of the most powerful defenses available to defendants in Texas personal injury cases. Without them, the employer's only real argument is that it was not negligent at all. This makes non-subscriber cases significantly more favorable for injured workers than standard civil tort claims.
Does the two-year statute of limitations apply to work injuries in Texas?: The two-year statute of limitations under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) applies to civil tort claims, including non-subscriber lawsuits and third-party work injury claims. It does not govern DWC subscriber claims, which have a separate one-year claim filing deadline with the DWC under [Tex. Labor Code Section 409.003](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm). Both timelines start running from the date of injury. Missing either deadline can eliminate your claim entirely.
How do I find out if my employer is a subscriber or non-subscriber?: You can verify your employer's workers' compensation subscriber status through the [Texas Division of Workers Compensation online verification tool](https://www.tdi.texas.gov/wc/) at tdi.texas.gov/wc. Subscriber status is a public record. Large Fort Worth employers like Bell Textron, American Airlines, and major healthcare networks are typically subscribers. Smaller contractors and service companies are more often non-subscribers. If you cannot confirm status online or your employer gives you conflicting information, an attorney can verify it directly.
My employer is a railroad company. Does Texas workers comp apply?: No. Railroad workers in Texas are covered by the Federal Employers Liability Act (FELA), [45 U.S.C. Section 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim), not the Texas DWC system. FELA applies to employees of interstate railroads, including BNSF Railway workers at the Fort Worth railyard. Under FELA, you can sue your railroad employer directly for negligence. Unlike Texas non-subscriber cases, FELA does not strip the employer of contributory negligence as a defense, though it does allow proportionate recovery rather than a complete bar. FELA claims have their own three-year statute of limitations and separate procedural rules. You need an attorney with FELA experience, not just Texas workers' comp experience.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.