Texas Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Texas workers' comp attorneys who handle claims before the Texas Department of Insurance, Division of Workers' Compensation (DWC). From oil and gas in the Permian Basin and Eagle Ford, to construction across Houston, Dallas-Fort Worth, Austin, and San Antonio, to chemical and petrochemical work along the Gulf, to nonsubscriber negligence cases against opt-out employers, we'll match you with the right attorney at no cost to get started.

You can verify employer status through the Texas DWC's online Insurance Coverage Verification System. Subscriber employers carry workers' comp; nonsubscribers opt out. Nonsubscriber status is the most consequential fact in any Texas work-injury case — it determines whether you can sue your employer in court for full tort damages.

Texas is the only state where employers can legally opt out of workers' comp. Nonsubscriber employers can be sued for negligence under common law without the exclusive-remedy bar, and § 406.033 strips them of common-law defenses (assumption of risk, contributory negligence, fellow-servant). The worker can recover full tort damages — past and future medical, lost wages, pain and suffering, mental anguish — with no comp caps.

Notice within 30 days under Tex. Lab. Code § 409.001. For subscribers, the DWC claim (DWC-041) must be filed within 1 year of injury under § 409.003. For nonsubscriber negligence, the 2-year tort SOL under CPRC § 16.003 applies.

For subscriber claims, the worker chooses a treating doctor from the insurer's HCN (Health Care Network) under Tex. Lab. Code § 408.025, with the option to switch once within the network. For nonsubscriber claims, the worker picks any doctor — costs are recovered as damages in the lawsuit.

Subscriber workers' comp attorney fees are statutorily capped at 25% of recovery under Tex. Lab. Code § 408.221, subject to DWC approval. Nonsubscriber negligence cases and third-party tort claims run on standard 33%–40% contingency.

Medical treatment through the HCN, TTD (Temporary Income Benefits) at 70% of AWW under § 408.103, Impairment Income Benefits (IIBs) based on AMA-4 impairment under § 408.121, Supplemental Income Benefits (SIBs), Lifetime Income Benefits (LIBs), and Death Benefits.

DWC comp benefits are capped — TTD at 70% of AWW with state-AWW max, IIBs limited by impairment percentage, lifetime medical limited to compensable injury. Nonsubscriber negligence recoveries are uncapped and include full economic damages plus pain and suffering and mental anguish. The difference is often 5–10x or more.

Why Do You Need a Workers' Compensation Attorney in Texas?

Texas is the only state where private employers can legally opt out of workers' compensation entirely — these 'nonsubscriber' employers can be sued for negligence in regular court, without the exclusive-remedy bar and without the common-law defenses (assumption of risk, contributory negligence, fellow-servant rule) that other states allow under Tex. Lab. Code § 406.033. That makes nonsubscriber cases the most valuable type of work-injury claim in the country — full tort damages, no comp caps. For employers that do subscribe, the Texas comp system (Tex. Lab. Code Title 5) is administered by the Division of Workers' Compensation (DWC) within the Texas Department of Insurance, with disputes resolved through BRC, CCH, Appeals Panel, and judicial review. Subscriber TTD pays 70% of AWW under § 408.103. The Permian Basin and Eagle Ford oil-and-gas boom, Gulf petrochemical corridor, and massive Houston/DFW/Austin/San Antonio construction drive catastrophic claims. An experienced Texas attorney first determines subscriber vs. nonsubscriber, then either prosecutes a full tort case or navigates the DWC system — and pursues third-party claims in either.

When Do You Need a Workers' Compensation Attorney in Texas?

Our network includes Texas workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Texas

From the moment you connect with a Texas workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Filing a DWC claim against a nonsubscriber employer instead of a § 406.033 negligence suit

Missing the 30-day notice or 1-year DWC filing deadline under §§ 409.001, 409.003

Missing the 2-year tort SOL for nonsubscriber negligence under CPRC § 16.003

Accepting an AMA-4 impairment rating without a designated-doctor evaluation or IME

Settling a DWC claim without addressing future medical and SIBs eligibility

Missing a § 417 third-party claim against oil-field contractors, equipment makers, or at-fault drivers

Filing a DWC claim against a nonsubscriber employer instead of a § 406.033 negligence suit

Missing the 30-day notice or 1-year DWC filing deadline under §§ 409.001, 409.003

Missing the 2-year tort SOL for nonsubscriber negligence under CPRC § 16.003

Accepting an AMA-4 impairment rating without a designated-doctor evaluation or IME

Settling a DWC claim without addressing future medical and SIBs eligibility

Missing a § 417 third-party claim against oil-field contractors, equipment makers, or at-fault drivers

Common Texas Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Workers' Compensation Attorneys Cost?

25%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Texas caps subscriber workers' comp attorney fees at 25% of recovery under Tex. Lab. Code § 408.221, subject to DWC approval. Nonsubscriber negligence cases under § 406.033 — and third-party tort claims (oil-field contractor, motor vehicle, product liability) — run on standard 33%–40% personal-injury contingency. Determining subscriber vs. nonsubscriber is the most consequential first step in any Texas work-injury case.

What Can Your Texas Workers' Compensation Compensation Include?

Medical Benefits (Subscriber)

Reasonable and necessary medical treatment through the HCN under Tex. Lab. Code § 408.021, including future medical when needed for the compensable injury.

Temporary Income Benefits (TIBs)

70% of average weekly wage under Tex. Lab. Code § 408.103, capped at the state AWW max.

Impairment Income Benefits (IIBs)

3 weeks of benefits per percentage point of AMA-4 whole-body impairment under § 408.121, paid at 70% of AWW.

Supplemental Income Benefits (SIBs)

Quarterly benefits under § 408.142 for workers with 15% or higher impairment who can't earn at pre-injury level — up to 401 weeks total combined IIBs and SIBs.

Lifetime Income Benefits (LIBs)

Lifetime benefits under § 408.161 for specific catastrophic injuries (loss of both eyes, both feet, both hands, paraplegia, etc.).

Nonsubscriber Damages

Full tort damages — past and future medical, lost wages, future earning capacity, pain and suffering, mental anguish, physical impairment, and disfigurement. Uncapped under § 406.033.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Texas Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Texas?

When Do You Need a Workers' Compensation Attorney in Texas?

Types of Workers' Compensation Cases in Texas

Common Texas Workers' Compensation Mistakes

How Much Do Texas Workers' Compensation Attorneys Cost?

What Can Your Texas Workers' Compensation Compensation Include?

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