HomeGeneral LawHow Do I Sue...

How Do I Sue for a Work Injury?

If you were injured at work, you may have had to take time off work to recover while at the same time racking up large medical bills that need to be paid. This can be a stressful time, but there may be ways for you to receive compensation from your employer.

Normally you would gain relief through your employer’s workers’ compensation insurance. But what if your claim is rejected, or your employer does not carry workers’ compensation? You may need to file a personal injury lawsuit. As an employee, you have a right to a safe workplace. If an action or negligence on your employer’s part created an unsafe workplace, you may have a strong case for a workplace injury suit.

Your Employer Has Workers’ Comp. Insurance

Workers’ compensation insurance supplies medical and wage benefits for workers who are injured on the job. Your lost wages and medical bills related to an on-the-job injury are covered under this insurance. 

Texas statutes do not require private employers to provide state-regulated workers’ compensation. Construction, agricultural, and farm employers often do not have workers’ compensation insurance. 

Report Your Injury

If your employer carries workers’ compensation insurance the first thing you need to do is report your injury. You have 30 days from the date the injury happened or from the date you discovered your illness or injury was related to your job, according to the Office of Injured Employee Counsel (OIEC). You may lose your right to obtain worker’s compensation benefits if you do not notify your employer within 30 days.

In order to protect your rights, you have one year from the date of your injury to send a completed DWC Form-041 (Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease) to the Division of Workers’ Compensation (DWC). 

If your employer’s insurance company denies your claim, you are allowed to challenge that decision through the DWC. You will have to participate in a benefit review conference prior to seeing a workers’ comp judge. 

You Can Still File a Lawsuit

You can still sue if your employer carries workers’ compensation insurance if you feel your injury was caused by gross negligence. Gross negligence means your employer failed to create a safe and healthy working environment. 

You will be required to show your employer had a duty of care to you and breached his or her duty by not utilize reasonable care. You will then be required to show the court that your employer caused your injury through negligence.

Your Employer Does Not Have Workers’ Comp. Insurance

If your employer does not have workers’ compensation insurance and you are injured on the job, you are allowed to file a lawsuit against him or her. A non-subscriber employer forfeits their common law defenses and can be sued for negligence. 

In order to bring a lawsuit against your employer for a work injury, you need to gather all the evidence you can. A judge will examine your case to find out if you were treated unfairly or whether you suffered an injury on the job. 

You will also need to prove to a judge that you sustained an injury. You may have to bring your doctor or another expert witness to testify an injury occurred. To find out whether or not your employer has workers’ compensation, contact the Texas Department of Insurance, Division of Workers’ Compensation.

An Experienced Workplace Attorney Can Help

Being hurt on the job can be stressful. Contact an experienced workplace attorney to help guide you through the process of suing for a work injury. Your attorney will make sure you receive the compensation you are entitled to. 

- A word from our sponsors -

Most Popular

More from Author

Animal Bites on the Job: An Overlooked Workplace Injury Risk

A delivery worker steps through a gate just as a dog...

Union Representation and Workers’ Comp Lawyers: Different Roles Explained

A workplace injury often creates two separate disputes. One concerns the...

Gig Workers Face Growing Road Safety Concerns as Delivery Injuries and Traffic Deaths Mount

The rapid expansion of app-based delivery services has brought a growing...

Motorcycle Crashes and Older Drivers Expose Hidden Dangers of Left Turns, National Study Finds

Motorcycle-involved fatal crashes are a major concern when drivers turn left,...

- A word from our sponsors -

Read Now

Animal Bites on the Job: An Overlooked Workplace Injury Risk

A delivery worker steps through a gate just as a dog slips out of the house. A home care aide reaches for a dropped towel beside a sleeping pet. A veterinary assistant adjusts an injured animal’s position during treatment. Each situation starts with an ordinary task and...

Union Representation and Workers’ Comp Lawyers: Different Roles Explained

A workplace injury often creates two separate disputes. One concerns the job: missed shifts, attendance rules, or an assignment that conflicts with medical restrictions. The other concerns the injury claim: treatment, wage replacement, and whether the insurer accepts responsibility. With repetitive strain injuries, attorneys handling carpal tunnel...

Gig Workers Face Growing Road Safety Concerns as Delivery Injuries and Traffic Deaths Mount

The rapid expansion of app-based delivery services has brought a growing safety challenge to American roadways, where workers must balance navigation, customer instructions, delivery deadlines and earnings opportunities while operating in increasingly hazardous traffic conditions. A 2026 nationwide study by the Texas Law Dog found that Arizona, Nevada...

Motorcycle Crashes and Older Drivers Expose Hidden Dangers of Left Turns, National Study Finds

Motorcycle-involved fatal crashes are a major concern when drivers turn left, while motorists ages 75 and older record the highest overall population-adjusted left-turn fatal-crash involvement rates, according to new research from Sweet James. The nationwide analysis, covering 2020 through 2024, found that left-turning drivers were involved in fatal...

Colorado Tops National Road Rage Risk Rankings as Fatal Aggressive-Driving Cases Climb 63%

Colorado has emerged as the nation's highest-risk state for escalating road rage, with fatal-crash cases involving road rage or aggressive driving increasing 63% between 2020 and 2024, according to a nationwide study by Suzuki Law Offices. The study examined road-rage risks across all 50 states, combining fatal-crash data,...

Hit-and-Run Deaths Nearly Double in Nevada as New Study Identifies America’s Deadliest States

Nevada and Louisiana recorded some of the sharpest increases in fatal hit-and-run deaths between 2020 and 2024, even as nationwide fatalities declined from their 2022 peak, according to a new analysis of federal traffic safety data. The study, conducted by Attorney Brian White, examined fatal hit-and-run crashes across...

Mississippi Records Nation’s Sharpest Rise in Senior-Driver Fatality Rates, New Study Finds

Mississippi experienced the largest increase in senior-driver fatality rates in the United States between 2020 and 2024, with deaths rising from 13.98 to 20.39 per 100K licensed drivers aged 65 and older, according to a new study by CR Legal Team. The increase of 6.41 deaths per 100K...

Cars and Trucks Feature in More Than Half of Reported E-Bike Deaths, H&P Law Study Finds

Motor vehicles were involved in approximately 55% of reported e-bike deaths between 2017 and 2024, compared with about 24% of estimated e-bike emergency room injuries in 2024, according to a study from H&P Law. The contrast puts the interaction between electric bicycles and larger vehicles at the center...

Nearly Four in Five Children Killed in School Transportation Crashes Were Outside School Vehicles

Millar Law Firm’s analysis of a decade of federal crash data shifts attention toward pedestrian crossings, surrounding traffic and the gaps in protection along students’ routes. The most revealing number in a national study of school transportation deaths may be the share of children who were not riding...

Piercing the Corporate Veil: When Courts Disregard Limited Liability

When an entrepreneur registers a corporation or a limited liability company, statutory law establishes the organization as a distinct legal person. This fundamental separation protects officers, directors, and equity holders from personal liability for business obligations. If a company defaults on a commercial lease or incurs trade...

Kevin L. Sullivan II Includes Workers’ Compensation in His Practice

A workplace incident can leave an employee sorting through messages, appointment details, and questions about work. When researching legal services, a useful starting point is whether a lawyer’s stated practice includes workers’ compensation. Kevin L. Sullivan II lists workers’ compensation among the services on his website. The subject...

Veterans Search for VA Appeal Help 154% More, Even as Claims Move Faster Than Ever

Veterans are searching for help to fight denied disability claims at a pace never seen before. Searches for “VA disability appeal” rose 154% in a year. That is the sharpest rise of five VA benefit terms in a new study by Chisholm Chisholm & Kilpatrick (CCK Law). The...