Workplace Injury Claims in Waco: Know Your Rights in Texas’ Unique System 

In most states, when you're hurt on the job, there's a clear path: file a workers’ compensation claim and begin receiving benefits. But Texas is different. Here in the Lone Star State, employers aren’t required to carry workers’ compensation insurance. That means the way you recover from your injuries may depend entirely on whether your employer is a “subscriber” to the workers’ compensation system or not. 

 

At Scanes Yelverton Talbert, LLP, we understand how confusing and frustrating this process can be, especially when you're dealing with medical bills, lost wages, and the stress of recovering from an injury. Our Waco-based attorneys are here to help working Texans get clarity, compensation, and justice after a workplace injury. 

 

How Workplace Injury Claims Work in Texas 

Unlike most states, Texas allows employers to “opt-out” of the workers’ comp system. About 20% of employers in Texas have chosen not to subscribe, which creates two very different legal paths for injured workers: 

 

1. If Your Employer Has Workers’ Compensation Insurance: 

• You may file a workers’ compensation claim through the Texas Division of Workers’ Compensation (DWC). 
• You generally don’t need to prove fault—only that the injury happened on the job. 
• You’re typically limited to benefits like: 
• Medical care 
• Partial wage replacement 
• Permanent impairment benefits 
• Death benefits for surviving family members
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However, workers’ comp can also limit your legal rights, including: 

• You cannot sue your employer for additional damages like pain and suffering. 
• A doctor selected by the company will likely conduct an evaluation of you. 
• Your benefits are capped and might not fully cover your losses. 

 

2. If Your Employer Does Not Have Workers’ Comp Insurance: 

• You may be able to file a personal injury lawsuit directly against your employer. 
• In court, you can pursue full compensation, including: 
• Medical expenses 
• Lost wages and earning capacity 
• Pain and suffering 
• Mental anguish 
• Long-term disability or disfigurement 
• Unlike a comp claim, you’ll need to prove that your employer was negligent, but you can recover more substantial damages if successful. 

 

Common Workplace Injuries We Handle 

We’ve represented workers across Waco and Central Texas suffering from all kinds of job-related injuries, including: 

• Falls from ladders, scaffolding, or roofs 
• Machinery accidents and equipment malfunctions 
• Repetitive stress injuries (RSIs) 
• Burns, electrical shocks, or chemical exposures 
• Traumatic brain injuries (TBI) or spinal cord damage 
• Amputations and crush injuries 
• Occupational illnesses due to toxic exposure 
• Fatal accidents resulting in wrongful death claims 

 

Whether you work in construction, manufacturing, healthcare, logistics, or a small business environment, your safety matters. And if your employer failed to keep you safe, they need to be held accountable. 

 

Can I Sue a Third Party? 

Yes. Even if your employer carries workers’ compensation and you're limited in suing them, you may still be able to file a third-party injury lawsuit if someone else contributed to your accident. For example: 

• A defective machine or tool 
• A careless subcontractor 
• Negligence by a property owner 
• A reckless delivery driver 

 

Our team investigates all responsible parties to make sure you’re not leaving money on the table. 

 

Time Is Not On Your Side 

Texas law has strict deadlines. Depending on your case: 

• Workers’ comp claims generally must be reported within 30 days 
• Personal injury lawsuits must be filed within 2 years 
• Third-party claims may have shorter timelines depending on the facts 

 

Don’t wait. Delaying action could limit your recovery or bar it entirely. 

 

We Stand With Injured Workers in Waco 

At Scanes Yelverton Talbert, LLP, we believe that no one should bear the costs of a workplace injury alone. Whether you need help navigating the workers’ compensation system or are facing a challenge in civil court, our attorneys possess the knowledge, skill, and resolve to stand with you.