Texas is the only state in the country where employers can legally opt out of workers’ compensation insurance. When they do, they lose critical legal protections, and the advantage shifts to you. Most injured workers don’t know this. They assume their only option is a workers’ comp claim with capped benefits and no pain and suffering. But if your employer is a nonsubscriber, you have the right to file a full personal injury lawsuit and recover damages that workers’ comp would never pay. Attorney Rolando Quesada (Texas Bar No. 24083694) has recovered millions for injured clients across Dallas-Fort Worth, and he protects the rights of workers who get hurt on the job. Call Guardia Law at (214) 380-4000 for a free consultation. Hablamos Espanol.

Texas Is Different: The Nonsubscriber Advantage

Under Texas Labor Code Section 406.033, employers who choose not to carry workers’ compensation insurance are called “nonsubscribers.” When a nonsubscriber’s employee gets hurt on the job, the employer loses three powerful legal defenses that would normally protect them:

  • They cannot use contributory negligence as a complete defense. In most cases, if you were partly at fault for your own injury, the defendant can use that against you. Nonsubscriber employers cannot. Your own partial fault does not bar your claim.
  • They cannot argue you “assumed the risk.” Employers love to say that the worker knew the job was dangerous and accepted those risks. Against a nonsubscriber, that argument is gone.
  • They cannot blame a fellow employee. The “fellow servant doctrine” lets employers point the finger at a coworker instead of accepting responsibility. Nonsubscribers lose that defense too.

What does this mean for you? It means you only need to prove that your employer was negligent, even partially. That is a much lower bar than what injured workers face in every other state. And it opens the door to full damages: all medical bills, full lost wages, pain and suffering, loss of earning capacity, and potentially punitive damages if the employer’s conduct was egregious.

The scale of this problem is staggering. Twenty-five percent of Texas private-sector employers are nonsubscribers — approximately 1.4 million workers have no guaranteed workers’ comp coverage. Seventy percent of nonsubscriber employers offer no alternative benefit plan whatsoever. Construction companies, restaurants, retail chains, staffing agencies, and landscaping outfits routinely opt out to save money on premiums. When one of their workers gets hurt, that cost-cutting decision works against them.

If you were injured on the job in Dallas, the first question we ask is whether your employer carries workers’ comp. If they don’t, you may have a far stronger case than you realize.

Common Workplace Injuries We Handle

Workplace injuries range from acute trauma to conditions that develop over months or years of physical labor. We represent injured workers dealing with:

  • Construction falls. Falls from scaffolding, ladders, roofs, and elevated platforms are the leading cause of death and serious injury in the construction industry. Broken bones, spinal cord injuries, and traumatic brain injuries are common.
  • Heavy equipment accidents. Cranes, forklifts, backhoes, and other heavy machinery cause catastrophic injuries when safety protocols are ignored or equipment is poorly maintained.
  • Forklift and warehouse accidents. Workers struck by forklifts, crushed between pallets, or injured by falling merchandise in distribution centers and warehouses.
  • Machinery accidents. Unguarded machinery, missing safety locks, and failure to follow lockout/tagout procedures lead to amputations, crush injuries, and severe lacerations.
  • Vehicle accidents on the job. Employees driving company vehicles, making deliveries, or traveling between job sites who are injured in collisions.
  • Electrical injuries. Contact with live wires, faulty wiring, and ungrounded equipment can cause burns, cardiac arrest, and neurological damage.
  • Chemical exposure. Toxic fumes, cleaning agents, solvents, and industrial chemicals can cause respiratory damage, chemical burns, and long-term occupational illness.
  • Repetitive stress injuries. Carpal tunnel syndrome, rotator cuff tears, and chronic back injuries caused by years of repetitive motion or heavy lifting.

No matter how your injury happened, if your employer’s negligence played any role, you may have a claim.

Industries Where Workers Get Hurt in Dallas

Dallas is a booming city, and that growth creates risk for the workers building and sustaining it. The industries where we see the most workplace injuries include:

Construction. Hispanic workers make up 63% of the Texas construction workforce — approximately 834,000 people — and Hispanic and Latino workers have a workplace fatality rate of 4.3 per 100,000, which is 30% higher than the overall workforce. In 2024, 1,229 Hispanic and Latino workers died on the job across the United States. DFW ranked first in the entire United States for residential building permits in 2024, with nearly 72,000 new units authorized. Dallas is one of the fastest-growing metros in the country, and the construction industry is the most dangerous. Workers building high-rises, apartment complexes, roads, and commercial developments face falls, equipment failures, and unsafe conditions daily. Many construction employers in Texas are nonsubscribers, and many rely on subcontractors and staffing agencies that cut corners on safety.

Warehousing and distribution. The logistics corridor in South Dallas and along I-20 and I-30 is filled with massive distribution centers. Workers in these facilities face forklift accidents, falling inventory, repetitive motion injuries, and pressure to move faster than safely possible.

Restaurants and food service. Burns, slips and falls, cuts, and repetitive injuries are constant hazards in commercial kitchens. Many restaurant chains and franchise operators in Texas are nonsubscribers.

Oil and gas. While Dallas is not the oil patch, many workers living in the DFW area travel to drilling and production sites across Texas. Oilfield injuries are often catastrophic, involving explosions, equipment failures, and chemical exposure.

Manufacturing. Assembly lines, metalworking shops, and fabrication plants throughout the DFW area expose workers to machinery accidents, chemical hazards, and repetitive trauma.

Landscaping and groundskeeping. Outdoor laborers face heat exposure, equipment injuries, chemical burns from pesticides, and fall hazards. Many landscaping companies operate without workers’ comp coverage.

Your Rights as an Injured Worker in Texas

If you were hurt on the job, you have rights under Texas law, regardless of what your employer tells you:

You have the right to medical treatment. Your employer cannot stop you from seeking medical care for a work-related injury. If your employer is a nonsubscriber, you can choose your own doctor and pursue treatment that is appropriate for your condition.

You have the right to file a claim without retaliation. Texas law prohibits employers from firing or retaliating against workers who file injury claims. Enforcement can be complicated, but the legal protection exists and it matters. If your employer threatens you, fires you, or pressures you not to file a claim, that is a serious violation.

You have the right to file a personal injury lawsuit against a nonsubscriber employer. This is the key difference. If your employer does not carry workers’ comp, you are not limited to the workers’ compensation system. You can sue your employer directly in civil court for full damages.

You have the right to full compensation. A personal injury lawsuit allows you to recover everything: past and future medical bills, full lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, and disfigurement. Workers’ comp does not offer any of that.

Workers’ Comp vs. Personal Injury Lawsuit

Most people assume that workers’ comp is the only option when they get hurt at work. In Texas, that is not true. Here is how the two paths compare:

Workers’ compensation is a no-fault system. You don’t have to prove your employer was negligent. But the trade-off is severe. Under workers’ comp, the maximum weekly income benefit is $1,271 and temporary benefits are limited to 104 weeks. Pain and suffering is worth exactly zero. Workers’ comp caps your wage replacement at a fraction of your actual income. It does not pay for pain and suffering. It does not compensate you for the impact the injury has on your life, your relationships, or your future. And the insurance company controls which doctors you see and what treatment you receive.

A personal injury lawsuit against a nonsubscriber requires you to prove negligence, but with the defenses stripped away under Section 406.033, that burden is dramatically lighter. In return, you can recover full damages with no artificial caps. All medical expenses, all lost income, pain and suffering, mental anguish, loss of earning capacity, and punitive damages if the employer acted with gross negligence or conscious indifference to your safety.

For many injured workers, the personal injury path recovers significantly more than workers’ comp ever could. And because Section 406.033 removes the employer’s best defenses, these cases carry real leverage from the start.

Undocumented Workers Have Rights Too

Your immigration status does not affect your right to file a personal injury claim in Texas. This is critical, and it is something that many workers in the Dallas construction and service industries need to hear.

Many employers know that undocumented workers are afraid to report injuries. Some exploit that fear deliberately, threatening to call immigration authorities or simply telling workers they have no legal rights. That is wrong, and it is not the law.

Under Texas law, every person injured by another’s negligence has the right to seek compensation, regardless of citizenship or immigration status. Your employer cannot use your status against you in court. You are entitled to the same damages as any other injured worker: medical bills, lost wages, pain and suffering, and more.

If you are afraid to come forward because of your immigration status, know this: attorney-client communications are privileged and confidential. Your status is not relevant to your injury claim, and we will protect your privacy. You deserve to be treated with dignity, and you deserve to be compensated when someone else’s negligence hurts you.

Guardia Law serves the Spanish-speaking community across Dallas. Hablamos Espanol. Llame al (214) 380-4000.

Wrongful Death in Workplace Accidents

When a workplace injury is fatal, the family of the deceased worker has the right to file a wrongful death lawsuit. Under the Texas Wrongful Death Act, a surviving spouse, children, or parents can seek compensation for their loss, including lost financial support, loss of companionship, mental anguish, and funeral expenses.

If the employer was a nonsubscriber, the same advantage applies. The stripped defenses under Section 406.033 make it easier to hold the employer accountable. When an employer’s cost-cutting decision to skip workers’ comp results in a death, the family deserves justice.

Statute of Limitations: Do Not Wait

Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your injury to file a lawsuit. Miss that deadline and your claim is gone forever, no matter how strong it is.

Two years disappears fast. Medical treatment takes months. Records take weeks to obtain. Building a case against an employer requires investigation, evidence preservation, and legal preparation. The sooner you contact an attorney, the stronger your position.

Results We’ve Achieved

$675,000 — Workplace Injury / Finger Amputation. A worker lost his index finger in a machinery accident at a loading dock warehouse. His employer had no workers’ compensation insurance. We settled the case pre-suit for $675,000 without filing a lawsuit, securing medical care, wage replacement, and long-term protection for his family.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions

How do I know if my employer has workers’ comp?

Texas employers are required to notify employees whether they carry workers’ compensation insurance. You may have received a notice when you were hired. If you’re not sure, ask your employer or call us. We can determine your employer’s coverage status and advise you on the best path forward.

Can I sue my employer if they have workers’ comp?

Generally, no. Workers’ compensation provides a liability shield for employers. But if your employer is a nonsubscriber, that shield does not exist, and you can file a personal injury lawsuit for full damages. There are also situations involving third-party contractors, equipment manufacturers, or property owners where additional claims may be available even if your direct employer has coverage.

What if my employer says the injury was my fault?

If your employer is a nonsubscriber, your own partial fault cannot be used as a complete defense under Section 406.033. Even if you made a mistake, your employer can still be held liable if their negligence contributed to the conditions that caused your injury.

How much does it cost to hire a workplace injury lawyer?

Nothing upfront. Guardia Law works on a contingency fee basis. We only get paid if we recover money for you. The consultation is free, and there is no financial risk to you.

What should I do immediately after a workplace injury?

Report the injury to your supervisor in writing. Seek medical attention the same day, even if you think the injury is minor. Document the scene with photos if possible. Do not sign any documents from your employer without having them reviewed by an attorney. And call a lawyer before the employer’s version of events becomes the only version on record.

Call Guardia Law Today

Attorney Rolando Quesada has recovered millions for injured clients across Dallas. The law is on your side in Texas, and most injured workers don’t know it. If your employer chose to save money by skipping workers’ comp insurance, they accepted the risk that comes with that decision. You shouldn’t have to pay the price for it.

Call (214) 380-4000 for a free consultation. Available 24/7. Hablamos Espanol.

Guardia Law, PLLC
Rolando Quesada, Managing Attorney
6301 Gaston Ave, Ste. 1516
Dallas, TX 75214
(214) 380-4000

Contingency fee. No fee unless we win.

Past results do not guarantee future outcomes.

Workplace Injury Lawyer in Dallas, Texas

Texas is the only state in the country where employers can legally opt out of workers’ compensation insurance. When they do, they lose critical legal protections, and the advantage shifts to you. Most injured workers don’t know this. They assume their only option is a workers’ comp claim with capped benefits and no pain and suffering. But if your employer is a nonsubscriber, you have the right to file a full personal injury lawsuit and recover damages that workers’ comp would never pay. Attorney Rolando Quesada (Texas Bar No. 24083694) has recovered millions for injured clients across Dallas-Fort Worth, and he protects the rights of workers who get hurt on the job. Call Guardia Law at (214) 380-4000 for a free consultation. Hablamos Espanol.

Texas Is Different: The Nonsubscriber Advantage

Under Texas Labor Code Section 406.033, employers who choose not to carry workers’ compensation insurance are called “nonsubscribers.” When a nonsubscriber’s employee gets hurt on the job, the employer loses three powerful legal defenses that would normally protect them:

  • They cannot use contributory negligence as a complete defense. In most cases, if you were partly at fault for your own injury, the defendant can use that against you. Nonsubscriber employers cannot. Your own partial fault does not bar your claim.
  • They cannot argue you “assumed the risk.” Employers love to say that the worker knew the job was dangerous and accepted those risks. Against a nonsubscriber, that argument is gone.
  • They cannot blame a fellow employee. The “fellow servant doctrine” lets employers point the finger at a coworker instead of accepting responsibility. Nonsubscribers lose that defense too.

What does this mean for you? It means you only need to prove that your employer was negligent, even partially. That is a much lower bar than what injured workers face in every other state. And it opens the door to full damages: all medical bills, full lost wages, pain and suffering, loss of earning capacity, and potentially punitive damages if the employer’s conduct was egregious.

The scale of this problem is staggering. Twenty-five percent of Texas private-sector employers are nonsubscribers — approximately 1.4 million workers have no guaranteed workers’ comp coverage. Seventy percent of nonsubscriber employers offer no alternative benefit plan whatsoever. Construction companies, restaurants, retail chains, staffing agencies, and landscaping outfits routinely opt out to save money on premiums. When one of their workers gets hurt, that cost-cutting decision works against them.

If you were injured on the job in Dallas, the first question we ask is whether your employer carries workers’ comp. If they don’t, you may have a far stronger case than you realize.

Common Workplace Injuries We Handle

Workplace injuries range from acute trauma to conditions that develop over months or years of physical labor. We represent injured workers dealing with:

  • Construction falls. Falls from scaffolding, ladders, roofs, and elevated platforms are the leading cause of death and serious injury in the construction industry. Broken bones, spinal cord injuries, and traumatic brain injuries are common.
  • Heavy equipment accidents. Cranes, forklifts, backhoes, and other heavy machinery cause catastrophic injuries when safety protocols are ignored or equipment is poorly maintained.
  • Forklift and warehouse accidents. Workers struck by forklifts, crushed between pallets, or injured by falling merchandise in distribution centers and warehouses.
  • Machinery accidents. Unguarded machinery, missing safety locks, and failure to follow lockout/tagout procedures lead to amputations, crush injuries, and severe lacerations.
  • Vehicle accidents on the job. Employees driving company vehicles, making deliveries, or traveling between job sites who are injured in collisions.
  • Electrical injuries. Contact with live wires, faulty wiring, and ungrounded equipment can cause burns, cardiac arrest, and neurological damage.
  • Chemical exposure. Toxic fumes, cleaning agents, solvents, and industrial chemicals can cause respiratory damage, chemical burns, and long-term occupational illness.
  • Repetitive stress injuries. Carpal tunnel syndrome, rotator cuff tears, and chronic back injuries caused by years of repetitive motion or heavy lifting.

No matter how your injury happened, if your employer’s negligence played any role, you may have a claim.

Industries Where Workers Get Hurt in Dallas

Dallas is a booming city, and that growth creates risk for the workers building and sustaining it. The industries where we see the most workplace injuries include:

Construction. Hispanic workers make up 63% of the Texas construction workforce — approximately 834,000 people — and Hispanic and Latino workers have a workplace fatality rate of 4.3 per 100,000, which is 30% higher than the overall workforce. In 2024, 1,229 Hispanic and Latino workers died on the job across the United States. DFW ranked first in the entire United States for residential building permits in 2024, with nearly 72,000 new units authorized. Dallas is one of the fastest-growing metros in the country, and the construction industry is the most dangerous. Workers building high-rises, apartment complexes, roads, and commercial developments face falls, equipment failures, and unsafe conditions daily. Many construction employers in Texas are nonsubscribers, and many rely on subcontractors and staffing agencies that cut corners on safety.

Warehousing and distribution. The logistics corridor in South Dallas and along I-20 and I-30 is filled with massive distribution centers. Workers in these facilities face forklift accidents, falling inventory, repetitive motion injuries, and pressure to move faster than safely possible.

Restaurants and food service. Burns, slips and falls, cuts, and repetitive injuries are constant hazards in commercial kitchens. Many restaurant chains and franchise operators in Texas are nonsubscribers.

Oil and gas. While Dallas is not the oil patch, many workers living in the DFW area travel to drilling and production sites across Texas. Oilfield injuries are often catastrophic, involving explosions, equipment failures, and chemical exposure.

Manufacturing. Assembly lines, metalworking shops, and fabrication plants throughout the DFW area expose workers to machinery accidents, chemical hazards, and repetitive trauma.

Landscaping and groundskeeping. Outdoor laborers face heat exposure, equipment injuries, chemical burns from pesticides, and fall hazards. Many landscaping companies operate without workers’ comp coverage.

Your Rights as an Injured Worker in Texas

If you were hurt on the job, you have rights under Texas law, regardless of what your employer tells you:

You have the right to medical treatment. Your employer cannot stop you from seeking medical care for a work-related injury. If your employer is a nonsubscriber, you can choose your own doctor and pursue treatment that is appropriate for your condition.

You have the right to file a claim without retaliation. Texas law prohibits employers from firing or retaliating against workers who file injury claims. Enforcement can be complicated, but the legal protection exists and it matters. If your employer threatens you, fires you, or pressures you not to file a claim, that is a serious violation.

You have the right to file a personal injury lawsuit against a nonsubscriber employer. This is the key difference. If your employer does not carry workers’ comp, you are not limited to the workers’ compensation system. You can sue your employer directly in civil court for full damages.

You have the right to full compensation. A personal injury lawsuit allows you to recover everything: past and future medical bills, full lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, and disfigurement. Workers’ comp does not offer any of that.

Workers’ Comp vs. Personal Injury Lawsuit

Most people assume that workers’ comp is the only option when they get hurt at work. In Texas, that is not true. Here is how the two paths compare:

Workers’ compensation is a no-fault system. You don’t have to prove your employer was negligent. But the trade-off is severe. Under workers’ comp, the maximum weekly income benefit is $1,271 and temporary benefits are limited to 104 weeks. Pain and suffering is worth exactly zero. Workers’ comp caps your wage replacement at a fraction of your actual income. It does not pay for pain and suffering. It does not compensate you for the impact the injury has on your life, your relationships, or your future. And the insurance company controls which doctors you see and what treatment you receive.

A personal injury lawsuit against a nonsubscriber requires you to prove negligence, but with the defenses stripped away under Section 406.033, that burden is dramatically lighter. In return, you can recover full damages with no artificial caps. All medical expenses, all lost income, pain and suffering, mental anguish, loss of earning capacity, and punitive damages if the employer acted with gross negligence or conscious indifference to your safety.

For many injured workers, the personal injury path recovers significantly more than workers’ comp ever could. And because Section 406.033 removes the employer’s best defenses, these cases carry real leverage from the start.

Undocumented Workers Have Rights Too

Your immigration status does not affect your right to file a personal injury claim in Texas. This is critical, and it is something that many workers in the Dallas construction and service industries need to hear.

Many employers know that undocumented workers are afraid to report injuries. Some exploit that fear deliberately, threatening to call immigration authorities or simply telling workers they have no legal rights. That is wrong, and it is not the law.

Under Texas law, every person injured by another’s negligence has the right to seek compensation, regardless of citizenship or immigration status. Your employer cannot use your status against you in court. You are entitled to the same damages as any other injured worker: medical bills, lost wages, pain and suffering, and more.

If you are afraid to come forward because of your immigration status, know this: attorney-client communications are privileged and confidential. Your status is not relevant to your injury claim, and we will protect your privacy. You deserve to be treated with dignity, and you deserve to be compensated when someone else’s negligence hurts you.

Guardia Law serves the Spanish-speaking community across Dallas. Hablamos Espanol. Llame al (214) 380-4000.

Wrongful Death in Workplace Accidents

When a workplace injury is fatal, the family of the deceased worker has the right to file a wrongful death lawsuit. Under the Texas Wrongful Death Act, a surviving spouse, children, or parents can seek compensation for their loss, including lost financial support, loss of companionship, mental anguish, and funeral expenses.

If the employer was a nonsubscriber, the same advantage applies. The stripped defenses under Section 406.033 make it easier to hold the employer accountable. When an employer’s cost-cutting decision to skip workers’ comp results in a death, the family deserves justice.

Statute of Limitations: Do Not Wait

Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your injury to file a lawsuit. Miss that deadline and your claim is gone forever, no matter how strong it is.

Two years disappears fast. Medical treatment takes months. Records take weeks to obtain. Building a case against an employer requires investigation, evidence preservation, and legal preparation. The sooner you contact an attorney, the stronger your position.

Results We’ve Achieved

$675,000 — Workplace Injury / Finger Amputation. A worker lost his index finger in a machinery accident at a loading dock warehouse. His employer had no workers’ compensation insurance. We settled the case pre-suit for $675,000 without filing a lawsuit, securing medical care, wage replacement, and long-term protection for his family.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions

How do I know if my employer has workers’ comp?

Texas employers are required to notify employees whether they carry workers’ compensation insurance. You may have received a notice when you were hired. If you’re not sure, ask your employer or call us. We can determine your employer’s coverage status and advise you on the best path forward.

Can I sue my employer if they have workers’ comp?

Generally, no. Workers’ compensation provides a liability shield for employers. But if your employer is a nonsubscriber, that shield does not exist, and you can file a personal injury lawsuit for full damages. There are also situations involving third-party contractors, equipment manufacturers, or property owners where additional claims may be available even if your direct employer has coverage.

What if my employer says the injury was my fault?

If your employer is a nonsubscriber, your own partial fault cannot be used as a complete defense under Section 406.033. Even if you made a mistake, your employer can still be held liable if their negligence contributed to the conditions that caused your injury.

How much does it cost to hire a workplace injury lawyer?

Nothing upfront. Guardia Law works on a contingency fee basis. We only get paid if we recover money for you. The consultation is free, and there is no financial risk to you.

What should I do immediately after a workplace injury?

Report the injury to your supervisor in writing. Seek medical attention the same day, even if you think the injury is minor. Document the scene with photos if possible. Do not sign any documents from your employer without having them reviewed by an attorney. And call a lawyer before the employer’s version of events becomes the only version on record.

Call Guardia Law Today

Attorney Rolando Quesada has recovered millions for injured clients across Dallas. The law is on your side in Texas, and most injured workers don’t know it. If your employer chose to save money by skipping workers’ comp insurance, they accepted the risk that comes with that decision. You shouldn’t have to pay the price for it.

Call (214) 380-4000 for a free consultation. Available 24/7. Hablamos Espanol.

Guardia Law, PLLC
Rolando Quesada, Managing Attorney
6301 Gaston Ave, Ste. 1516
Dallas, TX 75214
(214) 380-4000

Contingency fee. No fee unless we win.

Past results do not guarantee future outcomes.