By Pacheco Couceiro
Workplace injuries happen in warehouses, construction sites, ports, farms, restaurants, and offices across Brownsville and the Rio Grande Valley. Texas handles them differently from most states because, for many private employers, workers' compensation coverage is optional. Whether an employer carries coverage shapes what an injured worker reports, where a claim goes, and what kind of case may be possible. This article summarizes the Texas Labor Code and information from the Texas Department of Insurance, Division of Workers' Compensation (DWC). Sources were checked on November 3, 2026. This article does not evaluate any particular injury or claim, and it does not predict any outcome.
Texas workers' compensation is generally optional for private employers
Under Texas Labor Code Chapter 406, Section 406.002, a private employer generally may choose whether to obtain workers' compensation coverage, while public employers are required to provide it. An employer that chooses coverage obtains it through a licensed insurance company or, where allowed, through self-insurance (Section 406.003).
The DWC injured employee resources page explains that workers' compensation is an insurance program managed by the state, that not all employers have it, and that most do. DWC regulates the system but does not pay benefits; the employer's insurance carrier does.
Employers that do not carry coverage are commonly called nonsubscribers. Section 406.004 requires an employer without coverage to notify the division, and Section 406.005 requires employers to tell new employees whether they have coverage, to post a notice of coverage or non-coverage at the workplace, and to notify employees within 15 days if coverage is obtained or ends.
If your employer has workers' compensation coverage
What the system covers
Section 406.031 makes the carrier liable for compensation for an injury, without regard to fault, if the injury arises out of and in the course and scope of employment. Section 406.032 lists exceptions, such as injuries caused by the employee's intoxication, intentional self-injury, a third person's act intended for personal reasons, voluntary off-duty recreational activity, certain acts of God, or horseplay.
The DWC benefits page describes four types of benefits: income benefits, medical benefits for reasonable and necessary care, burial benefits, and death benefits for families. Income benefits depend on the worker's average weekly wage, which DWC explains is generally based on the 13 weeks before the injury.
Workers' compensation is usually the exclusive remedy
Under Labor Code Section 408.001, recovery of workers' compensation benefits is generally the exclusive remedy of a covered employee against the employer for a work-related injury. The statute preserves a claim for exemplary damages by the surviving spouse or heirs when a death was caused by the employer's intentional act or omission or gross negligence.
Deadlines in the Labor Code
Labor Code Chapter 409 sets these reporting rules:
- Notice to the employer (Section 409.001): the employee or a person acting for the employee notifies the employer or a supervisor not later than the 30th day after the injury. For an occupational disease, the period runs from when the employee knew or should have known the illness may be related to work.
- Employer report to the carrier (Section 409.005): if an injury causes the employee to miss more than one day of work, or the employee reports an occupational disease, the employer reports to its carrier not later than the eighth day after the absence or notice, and gives the employee a copy.
- Claim filed with the division (Section 409.003): an employee files a claim for compensation with the division not later than one year after the injury, or after the employee knew or should have known an occupational disease may be related to work.
- Death benefits (Section 409.007): a claim for death benefits is generally filed within one year after the death.
Sections 409.002 and 409.004 describe limited exceptions, such as when the employer had actual knowledge of the injury, when the division finds good cause, or when the employer or carrier does not contest the claim. Section 409.008 addresses situations where an employer fails to file a required report. Because these exceptions are fact-specific, relying on them is risky; meeting the deadlines is the safer course.
DWC says that after a claim is reported it sends the injured employee an information packet, and it warns that an injured worker never has to pay to get benefits. Disagreements over benefits go through the DWC dispute resolution process. The Office of Injured Employee Counsel has an ombudsman program that assists injured employees in the system.
If your employer is a nonsubscriber
When an employer does not carry workers' compensation, an injured employee generally cannot receive benefits through the state system and may instead pursue a negligence lawsuit against the employer. Labor Code Section 406.033 sets special rules for those cases:
- The employer may not defend on the grounds that the employee was contributorily negligent, assumed the risk, or was hurt by a fellow employee's negligence.
- The employer may defend on the grounds that the injury was caused by the employee's intoxication or was intentionally caused by the employee.
- The employee must still prove that the employer or its agent was negligent.
- An employee's waiver of a cause of action signed before the injury is void and unenforceable.
- A waiver signed after the injury is void unless it meets strict requirements, including that it is signed voluntarily and with knowledge, not earlier than the 10th business day after the employee's initial report of injury, after a medical evaluation by a non-emergency physician, in writing with the true intent clearly stated, and conspicuous.
Some nonsubscribers offer private injury benefit plans. Those plans are governed by their own documents, and their claim deadlines may differ from the Labor Code. Read any plan document or form before signing it.
Injuries caused by someone other than the employer
Under Labor Code Section 417.001, an employee receiving workers' compensation benefits may also pursue a claim against a third party who is liable for the injury, such as another company's driver or the maker of defective equipment. The carrier is subrogated to the employee's rights, which generally means it may be repaid from a third-party recovery. Those claims follow general Texas rules, including the personal injury statute of limitations and modified comparative fault.
Step by step after a workplace injury
1. Get medical care
Tell the provider that the injury happened at work.
2. Report the injury in writing
Notify your employer or supervisor as soon as possible and keep a copy with the date. The 30-day notice rule is in Section 409.001.
3. Ask whether your employer has coverage
Look for the required workplace notice, ask human resources, or call DWC at 800-252-7031, option 1.
4. Keep records
Save medical records, pay stubs, photos of the scene, witness names, and every letter from the employer, carrier, or DWC.
5. Read before you sign
Be careful with any release, waiver, or recorded statement, especially from a nonsubscriber employer.
6. Track the deadlines
Note the one-year claim deadline with DWC and any separate deadline for a lawsuit or third-party claim.
Frequently asked questions
Can I be fired for filing a workers' compensation claim?
Labor Code Chapter 451 prohibits discharging or discriminating against an employee because the employee filed a workers' compensation claim in good faith, hired a lawyer for a claim, started a proceeding in good faith, or testified or is about to testify in one. Whether it applies depends on the facts.
My employer has no coverage. Do I still report the injury?
Yes. Prompt written notice creates a record, and a nonsubscriber's benefit plan may set its own reporting rules.
What if a worker died on the job?
Death benefits and lawsuits have their own rules. Our article on Texas wrongful death and survival claims explains the general framework.
Questions in Brownsville and the Rio Grande Valley
Pacheco Couceiro assists injured people and families in Brownsville and South Texas with personal injury matters. If you were hurt at work and want to understand whether workers' compensation, a nonsubscriber claim, or a third-party claim may be involved, you can contact the office to review the documents you have.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.