Workers’ Comp vs. Personal Injury Lawsuit: Key Differences in Texas

Personal Injury Lawsuit vs. Workers’ Compensation: What’s the Difference and Which One is Right for You?

Getting hurt on the job is stressful enough, but figuring out how to get your medical bills covered and your lost wages replaced? That’s where things can get confusing. A lot of people assume that workers’ compensation is the only option after a workplace injury, but that’s not always the case.

Sometimes, you might have the right to file a personal injury lawsuit—which could mean a lot more money in your pocket for pain, suffering, and long-term losses.

But how do you know which option is right for you? And what happens if your employer doesn’t have workers’ comp?

At Genthe Law Firm, we help injured workers across Texas get the compensation they deserve. Keep reading to learn the key differences between workers’ comp and a personal injury lawsuit, when you can sue your employer, and how to maximize your financial recovery after a work injury.

And if you need help right now, call 214-957-0898 for a free case review.

What is Workers’ Compensation? (And How Does it Work in Texas?)

Workers’ compensation (often called workers’ comp) is a system that pays for medical treatment and lost wages if you get injured while doing your job. It’s meant to be a quick and easy way to help injured workers without having to go to court.

Here’s how it works:

• You report your injury to your employer (usually within 30 days).
• Your employer’s workers’ comp insurance pays for your medical treatment.
• If you miss work, you get partial wage replacement.
• You cannot sue your employer for your injuries.

Sounds simple, right? Not always.

Key Facts About Workers’ Comp in Texas

• ✅ No need to prove fault – It doesn’t matter if the accident was your fault or not.
• ✅ Covers medical bills & lost wages – You get some money while you recover.
• ❌ No pain and suffering compensation – You only get economic losses covered.
• ❌ Your employer must have workers’ comp – If they don’t, you might have to file a lawsuit instead.

How Many Employers Don’t Have Workers’ Comp in Texas?

Texas is the only state in the U.S. that does not require most private employers to carry workers’ compensation insurance. These companies are called non-subscribers because they opt out of the state’s workers’ comp system.

• About 28% of Texas employers are non-subscribers, meaning over 1.8 million workers in Texas do NOT have workers’ comp coverage.
• Industries with the most non-subscribers include construction, trucking, oil & gas, manufacturing, and small businesses.
• If your employer is a non-subscriber, you may have the right to sue them directly for your injury.

This is why knowing whether your employer has workers’ comp or not is the first step to figuring out your legal options.

Why keep reading? Because workers’ comp doesn’t always cover everything, and some workers aren’t even eligible for it. Let’s talk about that next.

Can You Sue Your Employer for a Workplace Injury?

Most people assume that if they get hurt at work, their only option is workers’ comp. But in Texas, that’s not always true.

Here’s when you CAN sue your employer for a work injury:

1. Your Employer DOESN’T Have Workers’ Comp

Unlike most states, Texas doesn’t require all businesses to carry workers’ comp insurance. If your employer chooses not to have workers’ comp, you can file a personal injury lawsuit against them for:

• Full lost wages (not just partial like workers’ comp).
• Pain and suffering (which workers’ comp doesn’t pay).
• Emotional distress & long-term damage to your health.

2. Your Employer Was Grossly Negligent & Someone Died

If a worker dies because of extreme employer negligence, the worker’s family can sue for wrongful death. This is rare, but it happens—especially in construction, trucking, and oil & gas industries.

What Damages Can You Claim in a Lawsuit?

If you sue your employer (or another negligent party), you can seek:

• Medical expenses (past and future).
• Full lost wages (not just a percentage).
• Pain and suffering.
• Punitive damages (if extreme negligence is proven).

Example in Texas:

A warehouse worker in Fort Worth is seriously injured when a forklift overturns due to poor maintenance. If the employer does not carry workers’ comp, the worker can file a lawsuit for full compensation.

What is a Personal Injury Lawsuit? (And How Does It Help You?)

A personal injury lawsuit is different from workers’ comp because you must prove that someone else caused your injury—but if you win, you can recover a LOT more money.

How is a Personal Injury Claim Different from Workers’ Comp?

Factor	Workers’ Comp	Personal Injury Lawsuit
Fault Required?	No	Yes
Covers Medical Expenses?	Yes	Yes
Covers Lost Wages?	Yes (partial)	Yes (full)
Pain & Suffering Compensation?	No	Yes
Can Sue Employer?	No (unless they have no workers’ comp)	Yes (if employer is uninsured or a third party is at fault)

A personal injury lawsuit may be your best option if someone other than your employer is responsible for your injury, such as:

• A reckless driver hits you while you’re making deliveries.
• A defective machine malfunctions and injures you.
• A subcontractor leaves a hazard on a job site that causes you to fall.

Can You Get Both Workers’ Comp & File a Lawsuit?

Yes! You can file both a workers’ comp claim and a lawsuit if a third party was involved in your injury.

Example:

You’re a delivery driver in Dallas and a distracted driver T-bones your work van.

1. You file for workers’ comp through your employer to cover your medical bills and lost wages.
2. You also sue the at-fault driver in a personal injury lawsuit for pain and suffering and additional damages.

In cases like these, you’re not choosing one or the other—you’re maximizing your compensation.

What to Do If You’re Hurt at Work in Texas

If you’re injured on the job, your next steps can make or break your case.

1️⃣ Report the Injury ASAP

• Tell your employer immediately (Texas law requires reporting within 30 days).
• Make sure there’s an official accident report on file.

2️⃣ Get Medical Treatment

• Don’t wait. The longer you wait, the easier it is for insurance to deny your claim.
• If it’s serious, go to the ER—hospitals in Dallas like Baylor University Medical Center or UT Southwestern Medical Center are good choices.

3️⃣ Find Out If Your Employer Has Workers’ Comp

• If yes, you’ll go through the workers’ comp system.
• If no, you may be able to file a personal injury lawsuit.

4️⃣ Talk to a Lawyer Before Speaking to Insurance

Insurance companies want to pay you as little as possible—whether it’s your employer’s insurance or a third party’s insurance.

• Don’t give a recorded statement before speaking with a lawyer.
• Don’t accept a quick settlement—it’s probably way lower than what you deserve.

FAQ: Common Questions About Work Injuries in Texas

If you’re dealing with a work injury, you probably have a lot of questions. Here are answers to some of the most common ones we hear from injured workers.

What if I don’t know whether my employer has workers’ comp or not?

Great question! Texas law does NOT require employers to tell you upfront if they have workers’ comp. However, you can check yourself by looking up your employer on the Texas Department of Insurance website.

Still unsure? Call Genthe Law Firm at 214-957-0898, and we’ll find out for you.

Can I file for workers’ comp AND sue my employer?

• 🔹 No, not if your employer has workers’ comp. That’s the trade-off—workers’ comp protects your employer from lawsuits.
• 🔹 Yes, if your employer does NOT have workers’ comp.

What if I was injured by a co-worker?

• Workers’ comp should cover it, but if your employer is a non-subscriber, you may be able to sue if your co-worker was negligent.
• If a co-worker intentionally hurt you, you might have a case for assault or employer negligence.

Can I sue if I was hurt on a construction site?

Possibly! Many construction companies in Texas are non-subscribers, which means you may have the right to sue your employer.

You can also sue if a third-party (like a subcontractor or equipment manufacturer) was responsible for your injury.

My boss told me I have to see a specific doctor for my injury. Do I have to?

• If your employer has workers’ comp, they can require you to see a doctor in their insurance network.
• If your employer is a non-subscriber, you can choose your own doctor.

Either way, don’t let an insurance doctor rush you back to work before you’re ready! Always get a second opinion if needed.

What if my employer fired me for reporting my injury?

That’s illegal! Texas law prohibits employers from retaliating against workers who file injury claims. You may have grounds for a wrongful termination lawsuit.

If this happened to you, call Genthe Law Firm immediately.

Dallas On-the-Job Injury Lawsuits: Recap

Work injuries happen every day in Dallas, from construction site accidents to slip-and-falls in office buildings. If you’ve been hurt on the job, you may be wondering whether to file for workers’ compensation or pursue a personal injury lawsuit. The right choice depends on who was at fault, whether your employer has workers’ comp insurance, and the severity of your injuries.

When Can You File a Lawsuit Instead of a Workers’ Comp Claim?

In Texas, most employers provide workers’ compensation insurance, which prevents employees from suing their employer in most cases. However, there are several situations where filing a lawsuit is an option:

• Your employer is a non-subscriber (meaning they opted out of Texas workers’ comp insurance).
• A third party (not your employer) caused your injury, such as a negligent contractor, equipment manufacturer, or property owner.
• Your employer was grossly negligent, and their actions led to serious injury or death.
• You were injured in a work-related vehicle accident caused by another driver.

Common Workplace Injuries That May Lead to a Lawsuit

In Dallas, work injury lawsuits are often filed after serious accidents that go beyond minor injuries. Some of the most common cases include:

• Construction accidents involving falls, heavy equipment injuries, or electrocution.
• Industrial accidents caused by unsafe working conditions, toxic exposure, or faulty machinery.
• Slip-and-fall accidents at retail stores, restaurants, or warehouses.
• Vehicle accidents involving delivery drivers, truckers, and company vehicles.
• Workplace violence caused by a negligent employer’s failure to provide security.

How a Personal Injury Lawsuit Can Provide More Compensation

Workers’ compensation benefits in Texas only cover medical bills and a portion of lost wages, but a personal injury lawsuit can provide significantly more financial recovery.

A successful lawsuit may help you recover:

• Full lost wages (not just a percentage)
• All medical expenses, including future treatments
• Pain and suffering damages
• Punitive damages if gross negligence is proven

If your employer is a non-subscriber, or if a third party caused your injury, filing a Dallas workplace injury lawsuit may be the best way to ensure you receive the maximum compensation available.

Why Call Genthe Law Firm?

At Genthe Law Firm, we know how to fight back against big insurance companies and get injured workers the compensation they deserve.

We handle all types of work injury cases, including:

• Workers’ compensation claims (if your employer has coverage).
• Personal injury lawsuits against reckless third parties (contractors, drivers, manufacturers).
• Lawsuits against employers who don’t have workers’ comp.

We fight for FULL compensation—not just what insurance wants to give you.

📞 Call 214-957-0898 today for a FREE case review.

💰 You don’t pay unless we win.

Final Thoughts: Don’t Settle for Less Than You Deserve

If you’ve been injured at work, you might have more legal options than you think.

• ✅ Workers’ comp helps, but it’s limited.
• ✅ A personal injury lawsuit can provide full lost wages, pain and suffering, and more.
• ✅ Some cases qualify for BOTH.

Want to know which option is best for YOU? Call 214-957-0898 now for a free consultation with Genthe Law Firm. We’ll review your case and help you get every dollar you deserve.