Texas Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Texas workers' comp attorneys who handle claims before the Texas Department of Insurance, Division of Workers' Compensation (DWC).

Free to use — no fee unless you win
Matched with a Texas attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Texas workers' compensation case review

A Texas attorney will take a look. Or call 1-833-WELEGAL.

How we match your Texas workers' compensation case

When you submit a Texas workers' compensation matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A workers' compensation matter needs someone who handles workers' compensation work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Texas law, so it goes to an attorney licensed in Texas who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a workers' compensation claim in Texas

Day 0
You’re hurt at work.
Report it to your employer in writing and get medical care. In Texas, the report and the first medical visit are the two things every comp claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Texas workers' compensation attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
The claim is filed and documented.
Incident report, medical records, wage history, and the insurer’s acceptance or denial. Your attorney handles the forms and the follow-ups.
Months 1–6
Benefits, and pushback.
Wage-loss and medical benefits should start; insurers routinely dispute treatment or ratings. Your attorney contests denials and independent medical exams.
Before the 1-year deadline
Hearing or petition if needed.
Texas gives 1 year from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Award or settlement.
You pay nothing along the way. The fee — typically 25% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Governing Statute: Workers' Comp Act
Texas Workers' Compensation Act, Tex. Lab. Code Title 5 (subscriber employers); common-law negligence for nonsubscribers
Agency: Department
Texas Department of Insurance, Division of Workers' Compensation (DWC)
Notice of Injury: 30 days
30 days to notify the employer (Tex. Lab. Code § 409.001)
Statute of Limitations: 1 year
1 year from injury to file with DWC (Tex. Lab. Code § 409.003); 2 years for nonsubscriber negligence under CPRC § 16.003
Nonsubscriber Defense Bar: Tex. Lab. Code § 406.033
Tex. Lab. Code § 406.033 strips assumption of risk, contributory negligence, and fellow-servant defenses from nonsubscriber employers sued by injured workers
Typical attorney fee: 25%
25% (subscriber DWC); 33%–40% (nonsubscriber negligence and third-party tort) contingency — no fee unless you win

Texas is the only state where private employers can legally opt out of workers' compensation entirely — these 'nonsubscriber' employers can be sued for negligence in regular court, without the exclusive-remedy bar and without the common-law defenses (assumption of risk, contributory negligence, fellow-servant rule) that other states allow under Tex. Lab. Code § 406.033. That makes nonsubscriber cases the most valuable type of work-injury claim in the country — full tort damages, no comp caps. For employers that do subscribe, the Texas comp system (Tex. Lab. Code Title 5) is administered by the Division of Workers' Compensation (DWC) within the Texas Department of Insurance, with disputes resolved through BRC, CCH, Appeals Panel, and judicial review. Subscriber TTD pays 70% of AWW under § 408.103. The Permian Basin and Eagle Ford oil-and-gas boom, Gulf petrochemical corridor, and massive Houston/DFW/Austin/San Antonio construction drive catastrophic claims. An experienced Texas attorney first determines subscriber vs. nonsubscriber, then either prosecutes a full tort case or navigates the DWC system — and pursues third-party claims in either.

Exhibit B

When to call a workers' compensation attorney in Texas

Does any of this sound like you? Tap what applies.

Exhibit C

Workers' Compensation cases we take in Texas

Which one is closest to yours?

Oil and gas injuries (Permian, Eagle Ford)

Drilling, frac, completion, and pipeline workers face fall, crush, burn, and chemical-exposure injuries. Third-party contractor claims are typically the primary recovery path in oil-field cases.

Sound like yours? A Texas attorney reviews it free — no fee unless they win.

Start my free review

Exhibit D

How much do Texas workers' compensation attorneys cost?

Sample settlement statement

Texas · Workers' Compensation

Recovery$100,000

Attorney fee · 25%− $25,000

Case costs (advanced by firm)repaid at the end

To you$75,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Texas workers' compensation attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Texas caps subscriber workers' comp attorney fees at 25% of recovery under Tex. Lab. Code § 408.221, subject to DWC approval. Nonsubscriber negligence cases under § 406.033 — and third-party tort claims (oil-field contractor, motor vehicle, product liability) — run on standard 33%–40% personal-injury contingency. Determining subscriber vs. nonsubscriber is the most consequential first step in any Texas work-injury case.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Texas workers' compensation compensation can include

A Texas workers' compensation recovery is built from several parts. Tap one to see what it covers.

Medical Benefits (Subscriber)

Reasonable and necessary medical treatment through the HCN under Tex. Lab. Code § 408.021, including future medical when needed for the compensable injury.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Texas workers' compensation questions, answered

Still unsure? Tell us what happened and a Texas attorney will review it for free.

Start free review

You can verify employer status through the Texas DWC's online Insurance Coverage Verification System. Subscriber employers carry workers' comp; nonsubscribers opt out. Nonsubscriber status is the most consequential fact in any Texas work-injury case — it determines whether you can sue your employer in court for full tort damages.

Texas is the only state where employers can legally opt out of workers' comp. Nonsubscriber employers can be sued for negligence under common law without the exclusive-remedy bar, and § 406.033 strips them of common-law defenses (assumption of risk, contributory negligence, fellow-servant). The worker can recover full tort damages — past and future medical, lost wages, pain and suffering, mental anguish — with no comp caps.

Notice within 30 days under Tex. Lab. Code § 409.001. For subscribers, the DWC claim (DWC-041) must be filed within 1 year of injury under § 409.003. For nonsubscriber negligence, the 2-year tort SOL under CPRC § 16.003 applies.

For subscriber claims, the worker chooses a treating doctor from the insurer's HCN (Health Care Network) under Tex. Lab. Code § 408.025, with the option to switch once within the network. For nonsubscriber claims, the worker picks any doctor — costs are recovered as damages in the lawsuit.

Subscriber workers' comp attorney fees are statutorily capped at 25% of recovery under Tex. Lab. Code § 408.221, subject to DWC approval. Nonsubscriber negligence cases and third-party tort claims run on standard 33%–40% contingency.

Medical treatment through the HCN, TTD (Temporary Income Benefits) at 70% of AWW under § 408.103, Impairment Income Benefits (IIBs) based on AMA-4 impairment under § 408.121, Supplemental Income Benefits (SIBs), Lifetime Income Benefits (LIBs), and Death Benefits.

DWC comp benefits are capped — TTD at 70% of AWW with state-AWW max, IIBs limited by impairment percentage, lifetime medical limited to compensable injury. Nonsubscriber negligence recoveries are uncapped and include full economic damages plus pain and suffering and mental anguish. The difference is often 5–10x or more.