Longview Workers Compensation Lawyer

Texas Is the Only State Where Workers Comp Is Optional

Every other state requires private employers to carry workers compensation insurance. Texas does not. Under Texas Labor Code Section 406.002, private employers can opt out entirely. This is not a loophole. It is by design.

The terminology matters here. A "subscriber" employer carries DWC coverage through an approved insurance carrier. A non-subscriber employer has opted out of the system entirely and carries no DWC coverage for its workers.

Approximately 25 to 30 percent of Texas private employers are non-subscribers. In Longview's industrial and construction sectors, that number is meaningful. Ask an attorney early: the first thing to determine in any Texas workplace injury case is which category your employer falls into.

The answer to that question determines what type of claim you file, what damages are available, and how the legal process unfolds. It is not a minor procedural detail. It is the foundation of your case. Ask the Longview injury lawyers at Morris & Dewett to check your employer's status before you take any other step.

If Your Employer Is a Non-Subscriber: Your Right to Sue in Court

Non-subscriber employees can sue their employer in civil court for full tort damages. If your employer opted out of workers comp, you are not limited to DWC formula benefits. You are actually in a stronger legal position than most injured workers in other states.

Non-subscriber lawsuit employees can file a civil lawsuit against their employer and seek full tort damages. That means past and future medical expenses, lost wages, lost earning capacity, pain and suffering, mental anguish, and disfigurement. It is not capped by a DWC formula.

Texas law strips three defenses from non-subscriber employers. They cannot argue:

1. Contributory negligence: that you were partially at fault for the accident.
2. Assumption of risk: that you knew the job was dangerous and accepted that risk.
3. Fellow-servant doctrine: that a coworker's negligence, not the company's, caused your injury.

In practical terms, the employer cannot point the finger at you or your coworkers. Your burden is to show the employer was negligent. That is a lower threshold than in most civil lawsuits where defendants can reduce your recovery through fault allocation.

Recoverable damages in a non-subscriber case are not limited by any workers comp formula. If gross negligence is involved, exemplary damages are available under CPRC Section 41.008. Non-subscriber cases are routinely worth significantly more than comparable DWC claims.

The statute of limitations for a non-subscriber civil lawsuit is two years from the date of injury under CPRC Section 16.003. That deadline applies even if you are still receiving medical treatment. Ask an attorney how your situation affects when the clock started running. Delays in filing can permanently bar your claim. Review our Longview catastrophic harm practice area if your injury resulted in permanent disability or severe impairment.

If Your Employer Is a Subscriber: Navigating the DWC System

Subscriber employees are generally limited to the Texas workers compensation system under the exclusive remedy doctrine. You cannot sue your employer in civil court for the same injury covered by workers comp. The DWC system is your primary path.

The Texas Division of Workers Compensation administers the system. Benefits fall into four categories, each with specific eligibility rules.

Temporary Income Benefits (TIBs)

TIBs begin after a seven-day waiting period from the date of lost wages. They pay 70 percent of your average weekly wage up to the state-set maximum. TIBs continue until you reach Maximum Medical Improvement or 104 weeks, whichever comes first.

TIBs are not calculated on your most recent paycheck. They use the average weekly wage from the 13 weeks before your injury. If you had overtime, bonuses, or irregular pay, the calculation matters. Ask your attorney to verify the insurer's wage calculation before accepting it.

Impairment Income Benefits (IIBs)

IIBs begin after you reach MMI. A treating doctor assigns an impairment rating based on the American Medical Association Guides. Each percentage point of impairment generates three weeks of benefit payments at 70 percent of your average weekly wage.

The insurer's chosen doctor frequently assigns a lower impairment rating than is warranted. You have the right to dispute that rating. A designated doctor appointed by the DWC may conduct an independent evaluation. This is one of the most consequential disputes in a workers comp case. Do not accept the first number without review.

Supplemental Income Benefits (SIBs) and Lifetime Income Benefits (LIBs)

SIBs become available if your impairment rating is 15 percent or more and you cannot earn 80 percent of your pre-injury wages after the IIB period ends. They pay 80 percent of the difference between 80 percent of your pre-injury average weekly wage and your current earnings. SIBs require quarterly reapplications and documentation of your work search efforts.

LIBs are reserved for specific catastrophic injuries: total and permanent loss of use of both hands, both feet, both eyes, or any combination; paraplegia or quadriplegia; severe brain injury. If your injury qualifies, LIBs pay 75 percent of your pre-injury average weekly wage adjusted annually for inflation for the rest of your life.

The DWC dispute process is multi-step: benefit review conferences, contested case hearings before a hearing officer, and appeals to the appeals panel. Each stage is adversarial. The insurer has counsel. You should too.

Third-Party Claims: Available Even When Workers Comp Applies

The exclusive remedy rule blocks a lawsuit against your employer if your employer is a subscriber. It does not block a lawsuit against a third party who caused or contributed to your injury. This distinction is critical in Longview's industrial environment.

Common third-party defendants in East Texas workplace injury cases include equipment manufacturers, product distributors, property owners, chemical suppliers, and subcontractors on multi-employer worksites. Each involves a different legal theory.

A product liability claim applies when a piece of equipment failed due to a design defect, manufacturing defect, or inadequate warning under CPRC Chapter 82. The manufacturer or distributor is the defendant, not your employer. A premises liability claim applies when the property owner's negligence created the condition that caused your injury. An invitee (a worker present for a business purpose) is owed a duty of ordinary care including the duty to inspect and correct hazards. A subcontractor negligence claim applies when another company's workers on the same site created the dangerous condition.

A third-party lawsuit can run simultaneously with a DWC claim. You do not have to choose. The subrogation lien is the mechanism that ties them together: the workers comp carrier has the right to be reimbursed from your third-party recovery for benefits it already paid. Your attorney negotiates that lien amount. In serious cases, the third-party claim is the highest-value component by a wide margin. See our Longview product liability practice area for more on defective equipment claims.

Common Workplace Injuries in Longview and the East Texas Oil Patch

Oilfield and industrial accident work in Longview produces some of the most severe workplace injuries in Texas. Longview sits in the middle of the East Texas energy corridor. The regional economy includes pipeline operations, oilfield services, petrochemical processing, refinery work, and downstream distribution. OSHA data consistently shows that the industries concentrated in this area produce the most severe workplace injuries nationally.

The most common serious injury types in oil patch and industrial work include crushing and caught-between incidents, thermal burns, and chemical exposure. Falls from heights, struck-by incidents from swinging equipment or dropped loads, and confined space accidents are also frequent. Confined space injuries often involve oxygen-deficient atmospheres or toxic gases. These are not minor injuries. Many involve permanent impairment or long-term medical care.

The Gregg County economy also includes construction, distribution, manufacturing, and logistics. Forklift accidents, loading dock injuries, scaffold collapses, and electrical contact are regular sources of workplace injury claims in those sectors. Falls remain the leading cause of construction fatalities nationally according to OSHA, and East Texas construction sites are not exempt.

Injury severity directly shapes which benefit tier or legal theory applies. Permanent impairment from a subscriber employer triggers analysis of IIBs and potentially LIBs. The same injury from a non-subscriber employer triggers a full tort damages calculation. The same injury from a third-party equipment manufacturer triggers product liability analysis. One incident can involve multiple legal pathways simultaneously.

Ask any attorney you consult whether they have handled cases involving your specific injury type and industry. Oilfield and industrial cases require familiarity with the equipment involved, standard safety protocols, and the contractor relationships that determine who is legally responsible. A lawyer with general personal injury experience may not know what questions to ask about a confined space fatality or a pressure vessel failure. Morris & Dewett has handled serious workplace injury cases across East Texas's industrial sectors. Review our Longview offshore and industrial accidents practice area for injuries in refinery and plant environments.

What Should You Do After a Workplace Injury in Texas?

Texas law imposes specific notice and filing deadlines that can bar your claim entirely if missed. Two separate statutory obligations apply from the moment of injury.

Texas Labor Code Section 409.001 requires an injured worker to give written notice to the employer within 30 days of the injury or within 30 days of when the worker knew or should have known the injury was work-related. Verbal notification is not enough. Put it in writing. Keep a copy.

Employer obligations differ by subscriber status. Under Texas Labor Code Section 409.005, subscriber employers must file a First Report of Injury with the DWC within eight days of learning about a lost-time injury. Non-subscriber employers have no equivalent obligation. If your employer opted out, you are responsible for building your own documentation record from day one.

See a doctor promptly. Under the DWC system, your treating physician must be in the approved network. Outside the DWC system, you may see any qualified provider. Document your injuries comprehensively at the first visit. Do not minimize symptoms.

Preserve evidence immediately. Photograph the scene, the equipment, the conditions. Collect contact information from any witnesses. Retain any written work orders, safety warnings, or communications about the hazard that caused your injury. Do not give a recorded statement to your employer's insurer, HR department, or claims adjuster without first speaking to an attorney.

The statute of limitations is two years under CPRC Section 16.003. Evidence decays much faster than two years. Security footage is overwritten. Witnesses relocate. Equipment gets repaired or replaced. Earlier is always better.

Proportionate Responsibility and Workplace Injury in Texas

Texas CPRC Chapter 33 governs proportionate responsibility in civil lawsuits. The system assigns fault percentages to each responsible party. Under the 51 percent bar, a plaintiff who is 51 percent or more responsible recovers nothing. At 50 percent or less, recovery is reduced proportionally.

In a non-subscriber lawsuit, proportionate responsibility operates differently than in a standard civil case. The three stripped defenses mean the employer cannot argue the worker's own fault as a defense. Contributory negligence is off the table as a matter of law. That does not mean fault is irrelevant in every aspect of the case, but the most common employer defense mechanisms are foreclosed from the start.

In a third-party lawsuit, proportionate responsibility applies in full. Defendants routinely attempt to designate responsible third parties under CPRC Section 33.004 to shift fault to the employer, to other subcontractors, or to the injured worker. You have 60 days after a responsible-third-party designation to join that party as a defendant in your lawsuit. Miss that window and the fault allocation may be assigned to a party you cannot recover from directly.

Ask any attorney you consult how they plan to handle proportionate responsibility in your case. A competent answer involves identifying the likely defense fault-shifting strategy before litigation starts and building a counter-narrative with evidence. Reacting after the defense files their designations is too late. Morris & Dewett handles multi-party workplace injury cases across the Longview area and has extensive experience with industrial and oil field liability claims.

Frequently Asked Questions

My employer does not carry workers comp. Can I still get compensation for my injury?

Yes. If your employer is a non-subscriber under Texas Labor Code Section 406.002, you can file a civil lawsuit for full tort damages. Texas strips three defenses from non-subscriber employers: they cannot argue you were partly at fault, that you assumed the risk, or that a coworker caused the accident. You need to show the employer was negligent. Recoverable damages include medical expenses, lost wages, lost earning capacity, pain and suffering, mental anguish, and disfigurement. Exemplary damages may be available if gross negligence is proven under CPRC Section 41.008.

What is the difference between a non-subscriber lawsuit and a workers comp claim in Texas?

A workers comp claim goes through the Texas DWC system and pays formula-based benefits: wage replacement and medical coverage, with amounts capped by state maximums. A non-subscriber lawsuit is filed in civil court and seeks full tort damages with no DWC formula cap. Non-subscriber lawsuits typically produce larger recoveries because damages are not limited to income replacement and because three employer defenses are stripped by law. The tradeoff is that you must prove employer negligence in a lawsuit, while DWC benefits pay regardless of fault.

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

For a non-subscriber civil lawsuit, the statute of limitations is two years from the date of injury under CPRC Section 16.003. For DWC subscriber claims, you must give written notice to your employer within 30 days of the injury under Texas Labor Code Section 409.001 and file a claim with the DWC within one year. Missing the DWC notice and filing deadlines can bar your claim entirely, even if the two-year civil deadline has not passed.

Can I sue my employer AND collect workers comp at the same time?

Generally no. If your employer is a subscriber, the exclusive remedy rule limits you to the DWC system and blocks a civil lawsuit against the employer. However, you can pursue a third-party lawsuit against a non-employer who caused or contributed to the injury at the same time as your DWC claim. Both can run simultaneously, subject to a subrogation lien on your third-party recovery for any DWC benefits already paid.

What are Lifetime Income Benefits and who qualifies?

Lifetime Income Benefits (LIBs) are the highest tier of Texas workers compensation. They apply to workers with specific catastrophic injuries: total and permanent loss of use of both hands, both feet, both eyes, or any two-limb combination; paraplegia; quadriplegia; and severe traumatic brain injury. LIBs pay 75 percent of the pre-injury average weekly wage, adjusted annually for inflation, for the rest of the worker's life. The DWC impairment and disability determination process governs eligibility. If you believe your injury may qualify, have an attorney review the record before the DWC makes its final determination.

My employer's workers comp insurer denied my claim. What are my options?

A denial by the workers comp insurer is not final. The DWC dispute process includes a benefit review conference (an informal resolution step), a contested case hearing before a DWC hearing officer, and appeal to the DWC appeals panel. After exhausting DWC administrative appeals, you may seek judicial review in state district court. Each stage has specific procedural deadlines. An attorney experienced in DWC disputes can identify whether the denial is procedural, factual, or legal and build the appropriate response at each stage.

What is an impairment rating and how does it affect my benefits?

An impairment rating is a percentage assigned by a physician after you reach Maximum Medical Improvement (MMI). It measures permanent functional loss under the AMA Guides to the Evaluation of Permanent Impairment. In Texas workers comp, each percentage point of impairment generates three weeks of Impairment Income Benefit payments at 70 percent of your average weekly wage. A higher rating also affects SIB eligibility. The treating doctor's rating is not always accurate. You have the right to request a designated doctor examination through the DWC if you dispute the rating. This is worth doing: the difference between a 5 percent and a 15 percent rating translates directly into weeks of benefits.

Does working in the oil field change my legal options in Longview?

It depends on the specific work arrangement and who owns the equipment and property involved. Oil field workers often work under layered contractor relationships: an operator, a primary contractor, and subcontractors. Your direct employer's subscriber status determines your DWC rights. But the operator, equipment owner, and other contractors are potential third-party defendants regardless of your employer's status. Product liability claims against equipment manufacturers are common in oilfield injury cases involving defective tools, pressure vessels, or safety systems. If you are a maritime worker operating on navigable waters in the area, separate federal law may apply. An attorney experienced in East Texas industrial injury claims can map out which legal pathways are available given your specific work arrangement.

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.