Workplace injuries happen fast. One moment you’re doing your job, the next you’re hurt and confused about what to do next. This sudden shift can leave you with questions about medical bills, lost wages, and your rights as a worker in Texas.
At DFW Legal, we help injured workers navigate these difficult situations every day. This guide will walk you through the important steps to take right after a workplace injury to protect both your health and your legal rights.
Step 1: Get Medical Attention Immediately
Your health comes first. After any workplace injury, seek medical care right away. Even injuries that seem minor can develop into serious problems later.
What to do:
- For emergencies, call 911 or go to the nearest emergency room
- For non-emergencies, tell your supervisor you need medical attention
- Ask your employer if they have approved doctors for work injuries
- Make sure the doctor knows your injury happened at work
Texas employers who provide workers’ compensation must allow you to see an approved doctor. If your employer doesn’t have workers’ comp (which is legal in Texas), you can choose your own doctor.
Medical records create official documentation of your injury, which becomes vital evidence if you need to file a claim. Tell healthcare providers exactly how the injury happened at work, and follow all treatment instructions carefully.
Step 2: Report Your Injury to Your Employer
Texas law requires you to report workplace injuries to your employer within 30 days. Missing this deadline can result in losing your right to benefits.
How to report properly:
- Notify your supervisor or manager in writing
- Include the date, time, and location of the injury
- Describe how the injury happened
- List any witnesses
- Keep a copy of your report
Don’t just tell someone verbally – put it in writing. A simple email saying “I’m reporting that I injured my back while lifting boxes in the warehouse on April 24, 2025” creates a paper trail that protects you.
Many workers worry about reporting injuries, fearing they might lose their jobs or face retaliation. Texas law prohibits employers from firing or punishing workers for reporting an injury or filing a workers’ compensation claim.
Step 3: Document Everything About Your Injury
The strength of your claim depends on good documentation. Start collecting evidence right away.
What to document:
- Photos of your injuries
- Photos of the accident scene and any hazards that caused your injury
- Names and contact information of witnesses
- Medical records and bills
- Work time missed due to the injury
- Daily notes about pain levels and how the injury affects your life
Keep a simple journal that tracks your recovery. Write down doctor visits, pain levels, and how the injury affects your daily activities. These details often fade from memory but can significantly strengthen your claim.
This documentation helps prove the link between your work and your injury. It also establishes the severity of your condition and how it impacts your ability to work and live normally.
Step 4: Understand Your Rights in Texas
Texas has unique workers’ compensation laws that differ from those of other states. Understanding these laws helps you navigate the system more effectively.
Is Texas a workers’ compensation state?
Yes, Texas has a workers’ compensation system, but it is the only state that does not require private employers to carry workers’ compensation insurance. Employers can choose to be “non-subscribers” and opt out of the system.
Can I sue my employer for a workplace injury in Texas?
It depends. If your employer has workers’ compensation insurance, you generally cannot sue them directly. Workers’ comp provides benefits regardless of who was at fault, but limits your recovery to specific benefits.
However, if your employer is a “non-subscriber” (one that doesn’t have workers’ compensation), you can sue them for negligence. In these cases, you may be able to recover more compensation, including damages for pain and suffering. The trade-off is that you must prove your employer’s negligence caused your injury.
What benefits am I entitled to after a workplace injury?
If your employer has workers’ compensation, you may receive:
- Medical benefits that cover necessary treatment
- Income benefits to replace lost wages (typically 70-75% of your average weekly wage)
- Impairment benefits for permanent physical damage
- Death and burial benefits for fatal workplace accidents
If your employer doesn’t have workers’ comp and you prove negligence in a lawsuit, you may recover:
- Full medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment or disfigurement
Each case is different. The benefits you qualify for depend on your injury severity, your employer’s insurance status, and other factors specific to your situation.
Step 5: File Your Claim on Time
How long do I have to report a workplace injury?
In Texas, deadlines matter tremendously:
- 30 days to report the injury to your employer
- 1 year to file a workers’ compensation claim with the Texas Department of Insurance
- 2 years to file a personal injury lawsuit against a non-subscriber employer
Missing these deadlines usually means losing your right to recover compensation. Don’t wait until you’re feeling better or until you know the full extent of your injuries. Start the process immediately.
Filing a workers’ compensation claim involves submitting forms to the Texas Department of Insurance. Your employer should provide these forms, but you can also obtain them directly from the state.
For injuries involving non-subscriber employers, the process works differently. You’ll need to file a personal injury lawsuit, which requires different legal procedures and timelines.
Common Mistakes to Avoid After a Workplace Injury
Many workers unintentionally damage their claims by making simple mistakes:
1. Delaying medical treatment
Waiting too long to see a doctor makes it easier for insurance companies to claim your injury wasn’t serious or wasn’t work-related.
2. Giving recorded statements without legal advice
Insurance adjusters often request recorded statements. These statements can be used against you later. Talk to an attorney before giving any formal statement.
3. Posting about your injury on social media
Insurance companies monitor social media accounts. Photos showing physical activity can be used to argue you’re not as injured as claimed, even if the images are misleading.
4. Returning to work too soon
Following the doctor’s orders about when to return to work protects both your health and your claim. Returning too early can worsen your injury and suggest it wasn’t serious.
5. Not consulting an attorney
Workplace injury claims in Texas involve complex legal rules. An experienced attorney can guide you through the process and protect your rights.
When to Consult an Attorney
While not every workplace injury requires legal representation, certain situations strongly indicate you should talk to an attorney:
- Your employer disputes that your injury happened at work
- Your claim is denied
- Your employer is a non-subscriber
- Your injury is severe or will cause permanent disability
- A third party (someone other than your employer) contributed to your injury
- You face retaliation for reporting your injury
- You’re offered a settlement that seems too low
Most workplace injury attorneys offer free consultations and work on a contingency fee basis, meaning they only get paid if you recover compensation.
Moving Forward After a Workplace Injury
Workplace injuries can cause physical pain, financial stress, and emotional trauma. Taking the right steps immediately after an injury helps protect your rights and sets you on the path to recovery.
At DFW Legal, we understand the challenges injured workers face. We’re committed to helping workers in Richardson and throughout the Dallas-Fort Worth area navigate the complex legal system and fight for the compensation they deserve.
If you’ve been injured at work, don’t face the system alone. You can visit our office at 101 West Renner Road, Suite 190, Richardson, TX 75082 during our business hours: Monday through Thursday from 9:00 a.m. to 5:00 p.m. and Friday from 9:00 a.m. to 12:00 p.m.
You can also call our team at (972) 535-4484 for a free, confidential consultation about your case. We’re conveniently located near major highways with plenty of parking available to make your visit as stress-free as possible.