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#=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

Texas is the rare state where employers can opt out of workers’ compensation entirely, and 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.

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

An employer who has elected to carry Texas workers compensation coverage through the DWC system. A subscriber’s employees receive DWC benefits for work injuries but generally cannot sue the employer in civil court.

DWC

Texas Division of Workers Compensation. The state agency that administers the workers compensation system for subscriber employers, sets benefit rates, and resolves benefit disputes.

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

An employer who has opted out of the Texas workers compensation system under Tex. Labor Code Section 406.002. A non-subscriber’s employees can sue the employer in civil court for full tort damages.

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. You can check subscriber status through the Texas Division of Workers Compensation online verification tool.

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

Temporary Income Benefits. DWC income benefits paid while an injured worker is still recovering and has not reached maximum medical improvement. Equal to 70% of the worker’s average weekly wage, subject to the state cap.

MMI

Maximum Medical Improvement. The point at which a treating physician certifies that the injury has stabilized and further medical treatment will not significantly change the outcome. Reaching MMI ends TIBs eligibility.

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

Impairment Income Benefits. DWC benefits paid after a worker reaches maximum medical improvement, based on the worker’s permanent impairment rating assigned by a treating doctor.

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.

SIBs

Supplemental Income Benefits. Ongoing DWC income benefits available to workers with an impairment rating of 15% or higher who cannot earn 80% of their pre-injury wage after exhausting IIBs.

LIBs

Lifetime Income Benefits. DWC benefits paid for the remainder of a worker’s life when the worker suffers total and permanent disability, defined by specific catastrophic injury categories under Tex. Labor Code Section 408.161.

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.

Morris & Dewett handles the DWC process from initial claim through disputed benefit proceedings, including contested DWC dispute hearings.

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.

Two deadlines run 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 end your case, but it complicates it significantly unless you can show good cause or actual employer notice.

What We Handle

Fort Worth Practice Areas

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.

DWC subrogation liens and third-party tort claims are separate legal tracks running simultaneously. View product liability claims View premises liability claims

Representative Results

$409 Million Wrongful Death

A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

$49 Million Motor Vehicle Accident

An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

$32.2 Million Industrial / Workplace

Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

$31.5 Million Industrial / Workplace

Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

$17.2 Million Commercial Vehicle Accident

Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

$13 Million Commercial Vehicle Accident

On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

$12.1 Million Motor Vehicle Accident

A commercial vehicle failed to stop at a red light subsequently crashing into our client causing serious brain injury and permanent loss of function.

$7 Million Motor Vehicle Accident

When the other vehicle struck our client, the result was a major hemorrhage and a stroke.

$7 Million Commercial Vehicle Accident

An 18-wheeler cut across traffic on an illegal left turn and hit our client, who suffered neck and back injuries.

$6.2 Million Motor Vehicle Accident

A fatigued commercial-vehicle driver fell asleep at the wheel and rear-ended our client, leaving our client with severe neck and back injuries.

$5 Million Wrongful Death

A hydraulic line exploded at a job site, taking the life of our client's loved one.

$4 Million Commercial Vehicle Accident

Our client's vehicle was struck by the at-fault vehicle, resulting in neck and back injuries.

$3.2 Million Commercial Vehicle Accident

While our client was stopped, the at-fault driver rear-ended our client's vehicle and set it on fire, leaving our client seriously hurt.

$3.1 Million Wrongful Death

An 18-wheeler caused a fatal collision that took the life of our client's loved one.

$3 Million Commercial Vehicle Accident

A commercial vehicle struck and killed our client's loved one, who was on foot.

$3 Million Motor Vehicle Accident

Out on the highway, the at-fault driver hit our client.

$2.9 Million Motor Vehicle Accident

Our client was rear-ended by the other driver and seriously injured.

$2.8 Million Commercial Vehicle Accident

On the highway, an unsecured load came off an 18-wheeler and struck our client's vehicle, causing orthopedic injuries.

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

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.

FELA

Federal Employers Liability Act (45 U.S.C. Section 51). A federal law that gives railroad workers the right to sue their employer for work injuries caused by negligence. FELA is not workers compensation. It requires proof of employer negligence, but unlike non-subscriber claims, contributory negligence can reduce recovery rather than being eliminated as a defense.

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.

Your Fort Worth Injury Attorneys

Founding partners Trey Morris and Justin Dewett lead every Fort Worth injury case Morris & Dewett takes.

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.

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.

Loss of Earning Capacity

The difference between what an injured worker could have earned over their working lifetime before the injury and what they can earn after. Established through vocational rehabilitation experts and converted to present value by an economist. It is a separate damage category from lost wages.

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.

What clients say

★★★★★
I hired Morris and Dewett back in November of 2025.
They helped me get through my hard times of being off work, stress, and worry. Anytime I had a question I could call and they always had an answer. Very nice and professtional people. Thank you Morris and Dewett for making this an easy process for me and my family.
jonathan ChandlerShreveport Office · Jun. 27, 2026
★★★★★
Morris and Dewett and their team of attorneys and staff go above and beyond.
They always were there to support me and answer all my questions after a shoulder injury that included multiple surgeries. They are caring and compassionate and that goes a long way! Highly recommended!
Carolyn LawsonMinden Office · Jun. 26, 2026
★★★★★
Thanks Morris and Dewett for the excellent work you have done on my behalf.
I want to personally thank Sarah for her kindness.
Lydell ScottCovington Office · Jun. 18, 2026
★★★★★
Morris & Dewett does things the right way!
They put their clients first in measurable and impactful ways.
Brooke BirkeyRuston Office · Jun. 11, 2026
★★★★★
First time being injured and needing a lawyer they where very helpful.
They answered my questions Id have very well. Highly recommend them.
Sarah StarlingLake Charles Office · Jun. 5, 2026
★★★★★
Wonderful experience with Morris and DeWitt, everyone was articulate and punctual, and open to all my questions about the process.
My case couldn't have been handled by a better team! Caity Nerren, Jessica Christian, and Meghan Nolen were all fantastic and helped every step of the way. Thanks again for all of your hard work.
Taylor ThorneShreveport Office · Jun. 20, 2026

Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

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, 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. Your formal DWC claim must be filed within one year under Tex. Labor Code Section 409.003. 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). 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. 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 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 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) 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. 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 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, 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.