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Texas is the only state that lets most private employers opt out of workers’ compensation. Employees of non-subscribers may sue in court; subscribers generally proceed through the Division of Workers’ Compensation at the Texas Department of Insurance. Knowing whether the employer is a subscriber is the first question in any Texas workplace-injury matter.
Workers’ compensation is not a standalone TBLS specialty; many practitioners hold Personal Injury Trial Law or Labor and Employment certification.
Common Questions
Does every Texas employer have workers’ compensation?
No. Private employers may opt out. Non-subscribers lose certain common-law defenses if an injured employee sues.
How long do I have to report a workplace injury in Texas?
Notify the employer quickly — generally within 30 days — and watch DWC filing deadlines. Missing a deadline can forfeit benefits.