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San Antonio Workers’ Compensation Lawyer

Injured on the job in San Antonio or Bexar County? Wayne Wright LLP fights insurance carriers, self-insured employers, and negligent third parties to maximize every dollar of your Texas workers’ compensation claim — and to pursue third-party lawsuits that the workers’ comp system alone cannot reach. No fees unless we win.

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San Antonio Workers’ Compensation: What Injured Workers Need to Know Before Accepting Anything

Texas is the only state in the country that does not require most private employers to carry workers’ compensation insurance. That single fact shapes everything about how workplace injury claims work in San Antonio and Bexar County. If your employer carries workers’ comp (a “subscriber”), your claim is governed by the Texas Workers’ Compensation Act and processed through the Texas Division of Workers’ Compensation (DWC). If your employer does not carry workers’ comp (a “non-subscriber”), you may file a direct negligence lawsuit — and the employer loses its most powerful defenses. Understanding which system applies to your situation is the first question Wayne Wright answers when you call.

San Antonio’s economy is built on industries with the highest workplace injury rates in Texas: military contracting and base support operations, commercial construction and subcontracting, healthcare and nursing, manufacturing and warehousing in the Brooks City Base and Port San Antonio corridors, oil and gas field services, and transportation and logistics. Workers in these sectors are injured on the job every day — and the workers’ compensation system, whether subscribed or non-subscribed, is designed to limit what they recover.

Wayne Wright LLP does not just file workers’ comp claims. We analyze every workplace injury case for third-party liability — the contractor, the equipment manufacturer, the property owner, the staffing agency, or the negligent co-worker whose employer is separate from yours. A third-party claim runs parallel to your workers’ comp claim and is not subject to the Texas Workers’ Compensation Act’s limits on damages. In many serious workplace injury cases, the third-party recovery is multiple times the workers’ comp benefit. Get your free workplace injury evaluation today →

Wayne Wright’s San Antonio office is located at 5707 McDermott Fwy I-10 and serves injured workers throughout Bexar County, including San Antonio, Converse, Universal City, Schertz, Helotes, Leon Valley, and all surrounding communities. Cases are filed in Bexar County District Court or before the Texas Division of Workers’ Compensation, depending on your employer’s subscriber status and the facts of your case.

• Results — Workplace Injury & Workers’ Comp Cases

Workplace Injury Verdicts & Settlements

Wayne Wright LLP has recovered more than $500 million for Texas injury victims, including significant results in workers’ compensation and third-party workplace injury cases. Past results do not guarantee future outcomes.

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Fatal Workplace Accident
$2.1M Fatal construction accident in Bexar County. Third-party general contractor held liable under Texas premises liability and negligent supervision standards. Surviving family recovered under Texas Wrongful Death Act.
Construction Site Fall — Third-Party
$1.3M Subcontractor employee fell from inadequately guarded scaffolding. Third-party claim against general contractor recovered full damages including future lost earning capacity — amounts unavailable through workers’ comp alone.
Industrial Equipment Failure
$875K Manufacturing worker injured by defective industrial press. Product liability claim against equipment manufacturer ran parallel to workers’ comp claim, recovering damages for pain and suffering not covered under DWC benefits.
Delivery Driver — On-the-Job Auto Accident
$580K Worker injured in vehicle accident during the course and scope of employment. Third-party claim against the at-fault driver recovered full tort damages including non-economic losses, in addition to workers’ comp benefits.
Non-Subscriber Employer — Negligence
$430K Employer opted out of Texas workers’ comp. Wayne Wright filed direct negligence claim, establishing workplace safety failures without the defenses available to subscribing employers. Settlement reached before trial.

Past results do not guarantee future outcomes. Each case depends on its specific facts and applicable law.

• How the Texas System Works

Texas Workers’ Compensation: The Subscriber vs. Non-Subscriber Distinction

Texas is the only state where private employers can legally opt out of workers’ compensation insurance. The system you are in — subscriber or non-subscriber — determines what you can recover and how you pursue it. Wayne Wright analyzes your employer’s status on the first call.

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Subscriber Employers — Texas Workers’ Comp System (DWC)

If your employer carries workers’ compensation insurance through a licensed carrier, they are a “subscriber” under the Texas Workers’ Compensation Act. As an injured worker of a subscribing employer, you are entitled to income benefits, medical benefits, death benefits, and burial benefits through the Texas Division of Workers’ Compensation (DWC) — regardless of who was at fault for your injury.

Income benefits under Texas workers’ comp fall into four categories: Temporary Income Benefits (TIBs) paid at 70% of your average weekly wage while you are unable to work; Impairment Income Benefits (IIBs) paid based on the impairment rating assigned by a DWC-approved doctor; Supplemental Income Benefits (SIBs) for workers with significant impairment who cannot return to their prior wage; and Lifetime Income Benefits (LIBs) for catastrophic injuries including total and permanent disability. Medical benefits cover all reasonable and necessary medical treatment for your compensable injury through your employer’s designated medical provider.

The tradeoff for this guaranteed benefit structure is that you generally cannot sue your subscribing employer for negligence. That limitation does not, however, prevent you from pursuing third-party claims against contractors, equipment manufacturers, property owners, and other parties whose negligence contributed to your injury. Third-party claims are subject to a subrogation interest by the workers’ comp carrier — Wayne Wright negotiates that interest to maximize what you actually take home.

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Non-Subscriber Employers — Direct Negligence Lawsuit

If your employer has opted out of Texas workers’ compensation, they are a “non-subscriber.” Texas had the highest percentage of non-subscribing employers among larger states as of the most recent data available. Non-subscription is particularly common in construction, retail, staffing, and hospitality sectors in San Antonio.

When you are injured while working for a non-subscriber, you have the right to file a direct negligence lawsuit against your employer in Bexar County District Court. Non-subscribing employers lose three of their most powerful defenses in a negligence lawsuit: they cannot argue that the injured worker assumed the risk of the job, they cannot argue that the injury was caused by a fellow employee’s negligence, and they cannot argue comparative fault in most situations. That evidentiary advantage makes non-subscriber cases significantly more valuable than equivalent subscriber cases and explains why Wayne Wright treats them as a separate and distinct category of workplace injury claim.

Non-subscriber cases are not unlimited — you must still prove the employer was negligent, and the two-year Texas statute of limitations applies. But the combination of lost defenses and full tort damages (including pain and suffering, mental anguish, and loss of consortium that the DWC system does not pay) creates a fundamentally different recovery potential.

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Third-Party Claims — The Parallel Recovery Most Workers Miss

Whether your employer is a subscriber or non-subscriber, if someone other than your employer caused or contributed to your injury, you have a third-party claim that runs entirely parallel to any workers’ comp benefits you receive. Third-party claims are subject to standard Texas personal injury law — not the Workers’ Compensation Act — and recover full tort damages including pain and suffering, mental anguish, disfigurement, and full lost earning capacity.

Common third-party defendants in San Antonio workplace injury cases include: General contractors on construction sites where a subcontractor’s employee is injured; Equipment manufacturers whose defective machinery, tools, or vehicles caused the injury; Property owners responsible for maintaining safe conditions at job sites; Staffing agencies that placed the worker and had independent safety obligations; At-fault drivers in vehicle accidents that occurred during the course and scope of employment; and Hazardous material handlers responsible for chemical exposures causing occupational disease.

When a workers’ comp carrier has paid benefits, they have a statutory subrogation right to a portion of any third-party recovery. Wayne Wright negotiates subrogation interests aggressively and structures recoveries to maximize what the injured worker receives after the carrier is repaid.

• Dispute Resolution & DWC Process

How Disputed Workers’ Comp Claims Are Resolved in San Antonio

When a carrier denies compensability, disputes your impairment rating, or cuts off your benefits, the path to recovery runs through a specific Texas administrative process. Most injured workers navigate this alone — and lose benefits they were entitled to. Here is how Wayne Wright fights it.

Disputed Claims — DWC Contested Case Hearings & SOAH

When a workers’ compensation carrier disputes a claim — denying compensability, disputing the extent of injury, or refusing to pay benefits — the dispute is not resolved in Bexar County District Court. It goes through a two-stage administrative process: first a Benefit Review Conference (BRC) conducted by the Texas Division of Workers’ Compensation, and if unresolved, a Contested Case Hearing (CCH) before a DWC hearing officer. If the CCH ruling is appealed, the case proceeds to the State Office of Administrative Hearings (SOAH) in Austin. Only after the SOAH process is exhausted can a contested workers’ comp legal sufficiency question be reviewed in district court.

This administrative process is where most injured workers without experienced legal representation lose benefits they are entitled to. Carriers are represented by adjusters and defense counsel who conduct hundreds of BRCs and CCHs annually. They know the DWC hearing officers, know which arguments succeed at BRC, and know how to position the medical evidence to minimize impairment ratings. Wayne Wright’s San Antonio team has appeared at the Bexar County DWC field office at 4243 E. Piedras Drive — the local district responsible for San Antonio and surrounding counties — in contested claim proceedings and understands the specific procedural dynamics that determine outcomes at each stage of the process.

The most commonly disputed issues at BRC and CCH are: (1) compensability — whether the injury occurred in the course and scope of employment; (2) extent of injury — whether the worker’s current condition is related to the work injury or a pre-existing condition; (3) impairment rating — the percentage assigned by a DWC-approved Designated Doctor that determines Impairment Income Benefit duration; and (4) maximum medical improvement (MMI) — the date the carrier claims the worker’s condition has stabilized. Wayne Wright challenges all four categories when the carrier’s position is unsupported by the medical evidence.

Impairment Rating Disputes — The Number That Determines Your Benefits

When a workers’ comp claim reaches maximum medical improvement, the DWC requires a Designated Doctor — selected from the DWC’s approved list by the carrier or the DWC itself — to assign an impairment rating as a percentage of the whole body. That percentage determines the duration of Impairment Income Benefits under the Texas Workers’ Compensation Act: each percentage point of impairment generates three weeks of IIB payments at 70% of the worker’s average weekly wage. A one-point difference in the impairment rating is the difference between weeks of benefits and months of benefits. A five-point difference can mean tens of thousands of dollars.

Carriers routinely dispute impairment ratings assigned by treating physicians and push for lower ratings from Designated Doctors selected under circumstances favorable to the carrier. Wayne Wright challenges inadequate impairment ratings by requesting a designated doctor examination through the DWC dispute resolution process, retaining independent medical examiners who apply the correct edition of the AMA Guides to the Evaluation of Permanent Impairment as required by Texas law, and presenting that medical evidence at CCH to establish the correct rating. When a Designated Doctor’s rating is unsupported by the clinical findings, Texas law allows a challenge through the DWC’s medical dispute resolution process — a procedural avenue that many injured workers never pursue because they don’t know it exists.

In spinal injury, orthopedic, and neurological cases — the most common serious workers’ comp claims in San Antonio’s construction, military support, and industrial sectors — the impairment rating dispute is frequently the most financially significant fight in the entire case. Wayne Wright treats it accordingly.

• Workplace Injury Types

Workplace Injuries Wayne Wright Handles in San Antonio

San Antonio’s major employment sectors each produce distinct injury patterns. Wayne Wright handles every category of compensable workplace injury under the Texas Workers’ Compensation Act and the Texas common law of employer negligence.

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Construction Site Injuries

Falls from scaffolding, ladders, and elevated surfaces; struck-by accidents; caught-in/caught-between machinery; trench collapses; electrocution. OSHA violations by the general contractor frequently create third-party liability independent of workers’ comp.

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Traumatic Brain Injury & Spinal Cord Injury

Falls, being struck by objects, and vehicle accidents on the job frequently produce TBI and spinal cord injuries. These are among the highest-value workers’ comp and third-party claims given the lifetime medical costs involved. Eligible for Lifetime Income Benefits under the Texas DWC system.

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Industrial & Manufacturing Accidents

Machine guarding failures, conveyor belt incidents, forklift accidents, chemical spills, and explosions at industrial facilities in Port San Antonio, Brooks City Base, and surrounding manufacturing corridors. Product liability claims often available against equipment manufacturers.

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Workplace Vehicle Accidents

Any accident occurring in the course and scope of employment — driving a company vehicle, making deliveries, traveling between job sites. Third-party claims against the at-fault driver run parallel to workers’ comp benefits and recover full tort damages.

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Occupational Disease & Toxic Exposure

Chemical exposures, asbestos, silica dust, and other occupational hazards that cause disease over time. These cases require expert medical evidence establishing causation and often involve claims against manufacturers of the hazardous materials.

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Wrongful Death on the Job

When a workplace accident is fatal, surviving spouses, children, and parents may recover under the Texas Wrongful Death Act and Texas Survival Statute. These claims can run parallel to workers’ comp death benefits and are frequently far larger than the DWC benefit alone. Learn more about wrongful death claims →

• San Antonio Workplace Context

The Industries Driving Workplace Injuries in San Antonio & Bexar County

San Antonio’s economy produces workplace injury patterns that are distinct from Austin, Houston, or Dallas. Understanding those patterns — the specific industries, the specific employers, and the specific legal frameworks that apply — is what separates a locally experienced workers’ comp attorney from a generic one. Wayne Wright LLP has represented injured workers from every major San Antonio employment sector for nearly three decades.

Military Contracting & Defense Base Support

San Antonio is home to Joint Base San Antonio — the largest military installation in the United States by population — comprising Lackland AFB, Randolph AFB, and Fort Sam Houston. The defense contractor workforce supporting JBSA is enormous: Booz Allen Hamilton, SAIC, Leidos, DXC Technology, Accenture Federal Services, and hundreds of smaller subcontractors employ thousands of San Antonio workers in roles ranging from aircraft maintenance and IT support to security services and healthcare. Federal contractors working on military installations are governed by the Defense Base Act (DBA) — a federal workers’ compensation statute administered by the U.S. Department of Labor, not the Texas DWC. DBA claims have different benefit structures, different dispute procedures, and different insurance requirements than Texas state workers’ comp. Wayne Wright evaluates whether a Bexar County workplace injury falls under the DBA, the Longshore and Harbor Workers’ Compensation Act, or the Texas Workers’ Compensation Act — because filing under the wrong statute is a fatal procedural error.

Construction & Development

San Antonio has been among the fastest-growing large metros in the United States for a decade. The construction corridors on Loop 1604, the US-281 expansion zones, the South Side industrial development near Brooks City Base, and commercial development throughout northeast Bexar County produce constant workplace injury exposure. Construction fatality and serious injury rates in Texas are among the highest in the nation. General contractors on San Antonio commercial projects are frequently large national or regional firms — Hensel Phelps, Turner Construction, DPR Construction, Bartlett Cocke — with risk management departments and dedicated defense counsel. Their subcontractors’ employees are the ones most frequently injured, and the subcontractor’s workers’ comp carrier is typically the first and smallest source of recovery. Wayne Wright pursues the general contractor’s separate liability simultaneously.

Healthcare & Nursing

San Antonio is a major regional healthcare center. University Health, Baptist Health System, Methodist Healthcare, and Christus Health employ tens of thousands of workers in roles with high physical injury exposure: nursing, patient handling, transport, housekeeping, and maintenance. Healthcare workers sustain the highest rates of musculoskeletal injuries of any sector — patient handling alone accounts for a significant percentage of all nurses’ comp claims in Texas. Large hospital systems are frequently self-insured — meaning they administer their own workers’ comp claims through a third-party administrator rather than through a commercial carrier. Self-insured employers have different incentive structures and different claim-handling practices than commercial carriers, and experienced representation matters more, not less, in self-insured claims.

Manufacturing, Warehousing & Logistics

Port San Antonio, the former Kelly AFB redevelopment now home to Boeing, StandardAero, Lockheed Martin, and dozens of aerospace manufacturers, employs thousands of workers in high-injury-rate industrial roles. The Toyota Manufacturing Plant on the South Side and its supplier network, Amazon fulfillment centers, and the logistics corridors along US-90 and Loop 410 produce significant warehousing and delivery driver injury exposure. Manufacturing and warehousing workers are frequently subject to the third-party claim scenarios described above: defective industrial equipment from a manufacturer other than the employer, staffing agency workers whose on-site injuries involve multiple legally responsible parties, and contractor employees whose injuries on a larger facility’s premises create premises liability exposure against the facility owner.

Oil & Gas Field Services

While the Eagle Ford Shale’s production center is in the South Texas counties south and west of San Antonio, a significant portion of the workforce that supports Eagle Ford operations is based in Bexar County. Oilfield service workers — drilling, completions, pipeline, and maintenance crews — travel to remote job sites and are injured at rates far above the national average. The independent contractor classification issue is particularly acute in oilfield services: operators and service companies routinely classify workers as independent contractors to avoid workers’ comp obligations. Wayne Wright challenges those classifications and pursues the full range of negligence claims available against oilfield operators under Texas law.

• Why Wayne Wright — San Antonio Workers’ Comp

Why San Antonio Injured Workers Choose Wayne Wright LLP

The workers’ compensation system in Texas is structurally designed to limit what injured workers recover. Insurance carriers for subscribing employers have dedicated adjusters whose job is to minimize claims, dispute impairment ratings, and challenge whether injuries are compensable. Non-subscribing employers have legal teams designed to defeat direct negligence claims. Wayne Wright LLP has spent nearly three decades representing injured workers in Bexar County against both systems — and has recovered more than $500 million for Texas injury victims in the process.

The most important thing Wayne Wright does in a workplace injury case is identify every available recovery avenue on day one. The workers’ comp claim is often the floor, not the ceiling. A construction worker injured by a general contractor’s OSHA violation has a third-party claim. A worker hurt by defective equipment has a product liability claim. A delivery driver injured in an at-fault accident during the course of employment has a full tort claim against the other driver. Wayne Wright evaluates all of these simultaneously so no recovery avenue is forfeited by failing to act within the applicable deadline.

Harold T. McCall Jr. served as President of the San Antonio Trial Lawyers Association — the Bexar County bar organization whose membership includes the plaintiff-side attorneys, defense counsel, and mediators who handle workplace injury disputes in this market daily. That position gives Harold a direct understanding of how contested workers’ comp cases are resolved locally: which mediators apply which frameworks, how Bexar County juries have historically valued workplace injury claims, and what settlement dynamics look like in multi-defendant construction and industrial cases. His Certificate in Mass Tort-MDL Litigation from Duke University School of Law translates directly to cases where an injured worker’s claim involves a product manufacturer, a staffing agency, and a general contractor simultaneously — the kind of multi-party coordination that determines whether a case settles for workers’ comp minimums or recovers its full value through every available channel. Learn more about Harold McCall →

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No Fees Unless We Win

Zero legal fees unless Wayne Wright recovers compensation. Free initial evaluation for all San Antonio and Bexar County workplace injury cases.

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Subscriber & Non-Subscriber Experience

Wayne Wright handles both Texas DWC claims and direct non-subscriber negligence lawsuits filed in Bexar County District Court.

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Third-Party Claim Specialists

We identify and pursue every available third-party recovery avenue — contractor, manufacturer, property owner, staffing agency — parallel to your workers’ comp claim.

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Available 24/7

Workplace injuries happen at all hours. Wayne Wright’s San Antonio team is available around the clock. Call 210-888-0078 any time.

Your San Antonio Workers’ Compensation Attorneys

Wayne Wright LLP’s trial team. View all attorney profiles →

Harold T. McCall Jr. — Complex Litigation, Wayne Wright LLP

Harold T. McCall Jr.

Partner — Mass Tort & Complex Litigation
Super Lawyers — Texas Duke Law — Mass Tort-MDL Certificate Former President, San Antonio Trial Lawyers Assoc.
Super Lawyers Justia Texas Bar
View Full Bio →
Wayne Wright — Founding Attorney, Wayne Wright LLP

Wayne Wright

Founder & Trial Attorney
$44.1M Jury Verdict — Top 20 Texas 2025 National Trial Lawyers — Top 100 Multi-Million Dollar Advocates Forum
AVVO Justia Texas Bar
View Full Bio →
Wyatt Wright — Trucking & Catastrophic Injury, Wayne Wright LLP

Wyatt Wright

Partner — Trucking & Catastrophic Injury
Former Bexar County Police Officer — Master Peace Officer National Trial Lawyers — Top 100 Workplace Vehicle Accident Specialist
Justia Natl Trial Lawyers Texas Bar
View Full Bio →

How Wayne Wright Handles Your San Antonio Workers’ Comp Case

From your first call through final resolution, here is exactly how Wayne Wright builds and pursues your workplace injury claim in San Antonio and Bexar County.

1

Free Evaluation — Same Day

We determine your employer’s subscriber or non-subscriber status, identify every available recovery avenue including third-party claims, and give you an honest picture of your case value. No charge, same day you call.

2

Immediate Evidence Preservation

Within 24 hours: we secure the accident scene investigation, request the employer’s incident report and OSHA records, subpoena any surveillance footage, and identify every party with potential liability. Evidence disappears quickly after workplace accidents.

3

DWC Claim Filing & Dispute Response

For subscribing employer cases, we file with the Texas Division of Workers’ Compensation, respond to carrier disputes, challenge inadequate impairment ratings, and pursue contested case hearings before DWC when benefits are wrongfully denied.

4

Third-Party Investigation

Simultaneously with the DWC process, we investigate every third party with liability exposure — general contractors, equipment manufacturers, property owners, and at-fault drivers. Third-party claims must be filed within the Texas two-year statute of limitations.

5

Full Damages Documentation

Vocational economists and life care planners calculate complete past and future damages for catastrophic injury cases. Non-economic damages — pain and suffering, mental anguish, disfigurement — are documented for third-party and non-subscriber claims.

6

Subrogation Negotiation & Final Recovery

When both a workers’ comp claim and a third-party recovery exist simultaneously, we negotiate the carrier’s subrogation interest to maximize what you actually receive after reimbursement. The structure of the recovery matters as much as the gross amount.

• Related Practice Areas

Related Workplace & Injury Claims Wayne Wright Handles in San Antonio

Workers’ compensation is one of several overlapping legal claims that may apply to your workplace injury. Wayne Wright evaluates all of them simultaneously.

Free Case Review

Workplace Injury

Direct negligence and third-party claims for on-the-job injuries in San Antonio. Covers construction accidents, industrial incidents, and all workplace injury types.

Workplace Injury Claims →

Wrongful Death

When a workplace accident is fatal. Texas Wrongful Death Act and Survival Statute claims for surviving families, running parallel to DWC death benefits.

Wrongful Death Claims →

Truck Accident Lawyer

For workers injured by semi-trucks, delivery trucks, or commercial vehicles on the job. Third-party claims against the carrier are separate from workers’ comp.

Truck Accident Claims →

Car Accident Lawyer

For workers injured in on-the-job vehicle accidents. Third-party claims against the at-fault driver recover full tort damages including pain and suffering.

Car Accident Claims →

Medical Malpractice

When a workers’ comp treating physician causes a new or worsened injury through negligent treatment. Independent medical malpractice claim against the provider.

Medical Malpractice Claims →

San Antonio Personal Injury

All personal injury practice areas handled by Wayne Wright LLP in San Antonio and Bexar County. Free consultation on any type of injury claim.

All SA Practice Areas →
Workers’ Comp FAQ — San Antonio

Workers’ Compensation Questions Answered

Common questions from injured workers in San Antonio and Bexar County. Answers are written by Wayne Wright LLP attorneys based on Texas workers’ compensation law and Texas personal injury practice.

Should I accept the insurance company’s early settlement offer after a workplace injury?→ How long do I have to file a workplace injury lawsuit in Texas?→ What if the at-fault party in my on-the-job accident was uninsured?→
All San Antonio Injury FAQ →

No. Texas is the only state in the country that does not require most private employers to carry workers’ compensation insurance. Employers who carry it are called “subscribers” and their claims are processed through the Texas Division of Workers’ Compensation (DWC). Employers who opt out are called “non-subscribers” — if you are injured working for a non-subscriber, you can file a direct negligence lawsuit against the employer in Bexar County District Court and the employer loses its most powerful defenses. Government employers and contractors working on public projects are generally required to maintain workers’ comp. Call Wayne Wright to determine your employer’s status and what options are available to you.

Texas workers’ comp provides four categories of income benefits: Temporary Income Benefits (TIBs) at 70% of your average weekly wage while temporarily disabled; Impairment Income Benefits (IIBs) based on your impairment rating; Supplemental Income Benefits (SIBs) for workers with significant impairment who cannot return to prior wages; and Lifetime Income Benefits (LIBs) for catastrophic permanent total disability. Medical benefits cover all reasonable and necessary treatment. Death benefits and burial benefits are available for surviving families. Notably absent from the DWC system: payment for pain and suffering, mental anguish, and full lost earning capacity — those damages are only available through a third-party lawsuit or non-subscriber claim.

It depends on your employer’s workers’ comp status. If your employer is a subscriber (carries workers’ comp), you generally cannot sue them directly for negligence — the DWC benefit system is your exclusive remedy against the employer. However, you can still sue third parties whose negligence contributed to your injury. If your employer is a non-subscriber (opted out of workers’ comp), you can file a direct negligence lawsuit in Bexar County District Court — and the employer loses the assumption of risk, fellow employee negligence, and comparative fault defenses that subscribing employers can use. Call Wayne Wright to determine which applies to your situation.

A third-party claim is a personal injury lawsuit against someone other than your employer whose negligence caused or contributed to your workplace injury. It runs parallel to your workers’ comp claim and is governed by standard Texas personal injury law, not the Workers’ Compensation Act. Third-party claims recover full tort damages including pain and suffering, mental anguish, and full lost earning capacity — none of which the DWC system pays. Common third-party defendants in San Antonio workplace injury cases include: general contractors on construction sites, equipment manufacturers, property owners, staffing agencies, and at-fault drivers in on-the-job vehicle accidents. Wayne Wright evaluates every workplace injury case for third-party claims on the first call.

For workers’ comp claims with a subscribing employer, you must report your injury to your employer within 30 days and file a claim with the Texas Division of Workers’ Compensation within one year of the injury date. For third-party personal injury claims, the Texas statute of limitations is two years from the date of injury under Texas Civil Practice & Remedies Code §16.003. For non-subscriber direct negligence claims, the same two-year limitations period applies. Missing the DWC filing deadline can result in loss of all workers’ comp benefits. Missing the third-party deadline results in permanent loss of the right to sue. Call Wayne Wright immediately after any workplace injury in Bexar County.

Report your injury to your supervisor immediately and in writing — verbal reports are often disputed later. Seek medical attention and document all symptoms in detail. Do not sign any documents from your employer’s workers’ comp carrier without consulting an attorney. Do not give a recorded statement to any insurance adjuster. Photograph the accident scene, the equipment involved, and any unsafe conditions before they are corrected. Identify any witnesses. Then call Wayne Wright at 210-888-0078 — we will determine your employer’s subscriber status, evaluate your workers’ comp rights, identify any third-party claims, and tell you exactly what to do next at no charge.

San Antonio & Bexar County Workers’ Compensation Lawyers

Wayne Wright LLP is headquartered in San Antonio at 5707 McDermott Fwy I-10 and serves injured workers throughout Bexar County and the surrounding region.

San Antonio Boerne Helotes Converse Universal City Schertz Seguin New Braunfels San Marcos Leon Valley Cibolo Texas (Statewide) Austin Corpus Christi

Injured on the Job in San Antonio? Call Wayne Wright Now.

Texas workers’ comp deadlines are strict and third-party claim windows close fast. Wayne Wright’s San Antonio team is available 24 hours a day, 7 days a week to evaluate your subscriber vs. non-subscriber status, identify every available recovery, and tell you exactly what to do next. You pay nothing unless we win.

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The information on this page is for general educational purposes and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Contact Wayne Wright LLP for a free, confidential consultation regarding your specific situation.