Do Texas employers have to carry workers' compensation insurance?

Not in most cases. Labor Code §406.002 says that, except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage. TDI-DWC says all Texas governmental entities (public school, utility, city or county) must have coverage, and calls private employers that choose not to provide it non-subscribers.

What is the deadline to report a work injury in Texas?

Under Labor Code §409.001, an employee or a person acting for the employee must notify the employer of an injury not later than the 30th day after the injury occurs, or, for an occupational disease, after the employee knew or should have known it may be related to the employment. Under §409.003, a claim for compensation is filed with the Division of Workers' Compensation not later than one year after the injury. The statutes list exceptions, and an attorney can explain how they apply to a particular situation.

Can I bring a claim against someone other than my employer after a work injury?

Labor Code §417.001(a) says an employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under the Act, and may also pursue a claim for workers' compensation benefits. Whether that applies to a specific injury is a question for an attorney.

Where can an injured worker get help from the state?

TDI-DWC's customer line is 800-252-7031, option 1. The Office of Injured Employee Counsel says its ombudsmen assist injured employees who do not have an attorney with workers' compensation disputes, that its services are provided at no cost, and that an ombudsman can assist but cannot represent you. Its number is 866-393-6432, and OIEC says many of its employees can assist in Spanish.

Can InjuryClaimGuide tell me whether I have a claim against my employer?

No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation, do not say whether any employer had coverage, and do not evaluate any claim. We do not contact employers, co-workers or witnesses. An attorney can advise you about your specific situation.

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Workplace Injuries

Injured at work in Texas: workers' comp, non-subscriber employers and deadlines

What Texas law says after a work injury, as of October 2026, when the employer has workers' compensation and when it does not, the 30-day notice and one-year claim deadlines, and claims against someone other than the employer.

11 min readPublished October 28, 2026Last updated October 28, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas lets most private employers choose whether to carry workers' compensation insurance (Lab. Code §406.002), and the rules after a work injury differ depending on whether the employer has it. If it does, workers' compensation benefits are generally the covered employee's exclusive remedy against the employer (§408.001). If it does not, a lawsuit against the employer is subject to §406.033, under which three defenses are not available to the employer (§406.033). Texas law also sets a 30-day deadline to notify the employer of an injury (§409.001) and a one-year deadline to file a workers' compensation claim with the state (§409.003).

This guide provides general informational guidance and is not legal advice. It does not apply the law to your situation or your employer.

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Key facts (as of October 28, 2026)

Coverage is generally a choice. Except for public employers and as otherwise provided by law, a Texas employer may elect to obtain workers' compensation insurance coverage (§406.002). The Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), says private employers that choose not to provide it are known as non-subscribers, and that all Texas governmental entities must have coverage (coverage verification).
Employees must be told. An employer must notify each employee whether or not it has coverage, tell new employees when they are hired, and post a notice at the workplace (§406.005).
30 days to notify the employer. An employee, or a person acting for the employee, must notify the employer of an injury not later than the 30th day after it occurs (§409.001).
One year to file with the state. A claim for compensation is filed with the Division of Workers' Compensation not later than one year after the injury (§409.003).
Exclusive remedy against a covered employer. For a covered employee, recovery of workers' compensation benefits is the exclusive remedy against the employer or its agents or employees for a work-related injury or death, except that the section does not prohibit the surviving spouse or heirs from recovering exemplary damages in some deaths (§408.001).
Different rules for a non-subscriber. In a lawsuit against an employer without coverage, the employee's contributory negligence, assumed risk and a fellow employee's negligence are not defenses, and the employee must prove the employer's negligence (§406.033(a), (d)).
Other people can be involved. An employee may seek damages from a third party who is liable for an injury that is compensable under the Act, and may also pursue a workers' compensation claim (§417.001(a)).
Two years for a personal-injury lawsuit, generally. Texas generally requires a suit for personal injury to be brought not later than two years after the day the cause of action accrues, with exceptions listed in the statute (CPRC §16.003).

How do I find out whether my employer has workers' compensation?

Texas law puts the duty to say so on the employer. Under §406.005, an employer must:

notify each employee whether or not it has workers' compensation insurance coverage;
notify a new employee of the existence or absence of coverage at the time the employee is hired;
post a notice of whether it has coverage at conspicuous locations at its place of business; and
notify each employee not later than the 15th day after coverage, or its termination or cancellation, takes effect.

An employer that does not obtain coverage must also notify the Division of Workers' Compensation in writing that it elects not to obtain coverage (§406.004). TDI-DWC's non-subscriber page says employers without coverage must post a notice of no coverage in the workplace in English, Spanish and any other language as needed, and give written notice of no coverage to new employees.

TDI-DWC's coverage verification page lists public lookups: the TXCOMP search for employers with a policy, a list of certified self-insured employers, and Texas Open Data Portal lists of subscribers and of registered non-subscribers. If you cannot determine whether an employer has coverage, the page says to email coverage.verification@tdi.texas.gov with the employer's name, the employer's physical address and the date of injury, and that a DWC representative will respond within one business day.

What does Texas workers' compensation generally provide?

TDI-DWC describes workers' compensation as an insurance program managed by the State of Texas that provides pay and medical benefits to employees who have a work-related injury or illness. It also says that not all Texas employers provide workers' compensation insurance, but most do, and that the employer must have it for the employee to get benefits (TDI-DWC, injured employees). DWC regulates benefits and helps resolve disputes; insurance carriers, not DWC, pay the benefits.

TDI-DWC says that after an injured employee reports the injury to the employer, DWC sends a packet that includes DWC Form-041, the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, and a statement of the injured employee's rights and responsibilities. TDI-DWC also describes the packet and publishes the form in Spanish (DWC Form-041S) on its Spanish page for injured employees.

The exclusive-remedy rule

When the employer has coverage, Labor Code §408.001(a) says "Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee." Subsection (b) says the section does not prohibit the surviving spouse or heirs of the body of a deceased employee from recovering exemplary damages when the death was caused by an intentional act or omission of the employer or by the employer's gross negligence (§408.001).

Our reference entry Texas workers' comp exclusive remedy, Labor Code §408.001 quotes the full text of §408.001 and the related sections and explains them in plain language.

What changes when the employer is a non-subscriber?

When an employee who is not covered by workers' compensation insurance sues the employer over an injury or death in the course and scope of employment, §406.033 sets these rules:

Three defenses are not available. It is not a defense that the employee was guilty of contributory negligence, that the employee assumed the risk of injury or death, or that the injury or death was caused by the negligence of a fellow employee (§406.033(a)).
Two defenses are stated. The employer may defend on the ground that the injury was caused by an act of the employee intended to bring about the injury, or while the employee was in a state of intoxication (§406.033(c)).
The employee must prove negligence. The plaintiff must prove negligence of the employer or of an agent or servant of the employer acting within the general scope of employment (§406.033(d)). The section does not make an employer without coverage responsible for every injury at work.
Waivers. An agreement signed before an injury to waive these rights is void and unenforceable. A waiver signed after an injury is allowed only if the employee enters into it voluntarily with knowledge of its effect, signs it no earlier than the 10th business day after the initial report of injury, has first received a medical evaluation from a nonemergency care doctor, and the waiver is in a writing that states the parties' true intent, with the waiver provisions conspicuous on the face of the agreement (§406.033(e)-(g)).

When can someone other than the employer be involved?

A work injury can involve people or companies other than the employer: for example, the driver of another vehicle in a crash during a work delivery, the maker of a piece of equipment, or the owner of the property where the work was done. Labor Code §417.001(a) says:

(a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle.

Subsection (b) of the same section says that if benefits are claimed, the insurance carrier is subrogated to the rights of the injured employee, and it sets out how the carrier is reimbursed from an amount recovered from the third party.

Texas sets rules for products liability actions in chapter 82 of the Civil Practice and Remedies Code, which our reference entry Texas products liability, CPRC chapter 82 explains. Whether any third party is responsible for a particular injury is a question for an attorney.

Which deadlines does Texas law set?

Texas law sets separate deadlines for the workers' compensation system and for a lawsuit. The table lists the general rules; each statute has its own exceptions.

What	General deadline	Law
Notify the employer of the injury	Not later than the 30th day after the injury occurs (for an occupational disease, after the employee knew or should have known it may be related to the employment)	Lab. Code §409.001
File a claim for compensation with the Division of Workers' Compensation	Not later than one year after the injury occurred (for an occupational disease, after the employee knew or should have known it was related to the employment)	Lab. Code §409.003
Bring a lawsuit for personal injury	Not later than two years after the day the cause of action accrues, with exceptions listed in the statute	CPRC §16.003

About the workers' compensation deadlines:

Who can receive the notice. The 30-day notice may be given to the employer or to an employee of the employer who holds a supervisory or management position (§409.001(b)).
What a missed deadline does. Failure to notify the employer under §409.001 relieves the employer and its insurance carrier of liability under the Act unless the employer, a supervisor or manager, or the carrier had actual knowledge of the injury, DWC finds good cause, or the claim is not contested (§409.002). Failure to file a claim under §409.003 has the same effect unless good cause exists or the claim is not contested (§409.004).
When the employer does not report. If the employer or its carrier was given notice or had knowledge of the injury and fails to file the employer's report of injury, the period for filing a claim does not begin to run until that report is furnished (§409.008).

TDI-DWC's injured employee FAQ says the same in plain words: report the injury to the employer within 30 days, and send a completed DWC Form-041 to DWC within one year of the date of injury to protect the employee's rights.

Our guide to the Texas statute of limitations for injury claims covers the two-year rule in more detail. An attorney can tell you which deadlines apply to your situation.

Where can injured workers get help from the state?

TDI-DWC. The customer line is 800-252-7031, option 1. DWC says it can help with a claim and with a complaint, and its Safety Violations Hotline is 800-452-9595 (TDI-DWC, injured employees).
Office of Injured Employee Counsel (OIEC). OIEC says its ombudsmen assist injured employees who do not have an attorney, and the beneficiaries of an employee who died, with workers' compensation disputes; that all OIEC services are provided at no cost; and that an ombudsman can assist but cannot represent you; ombudsmen do not give advice. OIEC's number is 866-393-6432 (OIEC, ombudsman services), and its Spanish page says many OIEC employees can assist in Spanish (OIEC en español).
Federal OSHA. OSHA's Houston North Area Office is at 690 S. Loop 336 W., Suite 400, Conroe, TX, and its Houston South Area Office is at 17625 El Camino Real, Suite 400, Houston, TX (OSHA, Texas area offices).

What does Texas workers' compensation law say about non-citizen employees?

The Texas Workers' Compensation Act says a resident or nonresident alien employee or legal beneficiary is entitled to compensation under the Act (§406.092). For more, see our guide Injured in Texas without papers, a license or insurance. Questions about a specific situation are for a licensed Texas attorney.

Work injuries in Houston

TDI-DWC lists two Houston field offices: Houston East at 5425 Polk Street, Suite 130, and Houston West at 350 N. Sam Houston Pkwy. E., Ste. 110 B (TDI-DWC, contacts). Our page on workplace injuries in Houston collects the Houston agencies and the federal reporting rules for employers, with their sources, and our guide on how to choose a workplace injury lawyer in Houston explains how to check a lawyer's Texas license yourself.

What you can keep

It can help to keep these in one place:

the date and time you told your employer about the injury, who you told, and a copy of anything in writing;
any incident or injury report, and a copy of the coverage or no-coverage notice posted at your workplace;
letters and forms from TDI-DWC or an insurance carrier, including any DWC Form-041 you sent and when you sent it;
medical records and bills, and records of missed work and pay;
the names of people who saw what happened, as you know them;
photos of the place, the equipment or the vehicle involved.

Our guide on what evidence helps an injury claim describes records people commonly keep after an injury.

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently asked questions

Do Texas employers have to carry workers' compensation insurance?: Not in most cases. Labor Code §406.002 says that, except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage. TDI-DWC says all Texas governmental entities (public school, utility, city or county) must have coverage, and calls private employers that choose not to provide it non-subscribers.
How do I find out whether my employer has workers' compensation?: Labor Code §406.005 requires an employer to notify each employee whether or not it has coverage, to tell new employees when they are hired, and to post a notice at the workplace. TDI-DWC's coverage verification page also lists public lookups, and for an employer whose coverage cannot be determined it gives the email address coverage.verification@tdi.texas.gov, asking for the employer's name, physical address and the date of injury.
What is the deadline to report a work injury in Texas?: Under Labor Code §409.001, an employee or a person acting for the employee must notify the employer of an injury not later than the 30th day after the injury occurs, or, for an occupational disease, after the employee knew or should have known it may be related to the employment. Under §409.003, a claim for compensation is filed with the Division of Workers' Compensation not later than one year after the injury. The statutes list exceptions, and an attorney can explain how they apply to a particular situation.
Can I bring a claim against someone other than my employer after a work injury?: Labor Code §417.001(a) says an employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under the Act, and may also pursue a claim for workers' compensation benefits. Whether that applies to a specific injury is a question for an attorney.
Where can an injured worker get help from the state?: TDI-DWC's customer line is 800-252-7031, option 1. The Office of Injured Employee Counsel says its ombudsmen assist injured employees who do not have an attorney with workers' compensation disputes, that its services are provided at no cost, and that an ombudsman can assist but cannot represent you. Its number is 866-393-6432, and OIEC says many of its employees can assist in Spanish.
Can InjuryClaimGuide tell me whether I have a claim against my employer?: No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation, do not say whether any employer had coverage, and do not evaluate any claim. We do not contact employers, co-workers or witnesses. An attorney can advise you about your specific situation.

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