Workplace Injury Lawyer in McKinney, TX
McKinney Workplace
Injury Lawyer
Getting hurt at work is complicated in a way that most other personal injury situations are not. Texas has its own rules around workplace injuries, and the right path forward depends on facts specific to your employer, your situation, and who or what caused the harm. The Darwich Law Firm represents injured workers across McKinney and Collin County who have a civil claim beyond what a standard workers' compensation filing would cover. Your case review is free, and there is no fee unless we win.
Free case review · 24/7 intake · $0 upfront for qualifying injury cases
Quick Answer
If you were hurt at work in McKinney, the right legal path depends on whether your employer carries workers' compensation, who caused the injury, and whether a third party was involved. Texas is the only state where workers' comp is not mandatory, so some employers have no coverage at all. A free case review with The Darwich Law Firm will identify whether you have a civil claim, who may be responsible, and what compensation may be available beyond what a workers' comp filing would provide.
Texas Non-Subscriber Employers: What It Means If Your Employer Has No Workers' Comp
Texas is the only state in the country where workers' compensation coverage is not mandatory for private employers. Most people assume their employer has it, and many do, but a meaningful number of Texas employers, including smaller businesses and certain industries, operate without any workers' compensation policy. These employers are called non-subscribers.
If you were injured working for a non-subscriber employer, you have the right to sue that employer directly for negligence. In a non-subscriber case, the employer loses three defenses that workers' compensation law normally provides: it cannot argue that a fellow employee's negligence caused the injury, that you assumed the risk of the job, or that your own negligence contributed to the accident. That shift significantly strengthens the legal position of the injured worker compared to a standard negligence case.
Third-Party Claims: Suing Someone Other Than Your Employer
Even when your employer does carry workers' compensation, a workplace injury may still produce a civil claim, not against your employer, but against a third party whose negligence contributed to what happened. Workers' compensation and a third-party civil claim are not mutually exclusive. Depending on the situation, both may be available at the same time.
Third-party liability applies when:
- You were injured on a job site by the actions of a subcontractor or another company's employee.
- You were hurt by defective equipment or machinery supplied by a manufacturer or distributor.
- You were injured on property your employer does not own, where the property owner's unsafe conditions contributed to the accident.
- You were hurt in a road crash while driving for work. In that case, a third-party claim against the at-fault driver is available alongside any employer coverage. Our car accident lawyer page and truck accident lawyer page cover how those road crash claims work in more detail.
Common Workplace Injury Situations We Handle
Workplace injuries in McKinney and across Collin County arise across a wide range of industries and job types.
Falls from scaffolding and ladders, struck-by incidents, electrocution, and equipment accidents are among the leading causes of serious construction injury.
Forklift and pallet jack accidents, falling inventory, heavy lifting injuries, and unsafe storage conditions produce a consistent volume of serious cases.
Drivers injured in road crashes while on the job have civil claims available against at-fault drivers, and sometimes against the employer if the vehicle was poorly maintained or the driver was pushed beyond safe hours.
Unguarded machinery, chemical exposures, slip and fall hazards, and inadequate safety equipment all produce third-party and non-subscriber claims.
When a worker is injured on property owned or maintained by someone other than their employer, a premises liability claim may be available in addition to any workers' compensation coverage.
OSHA Violations and Employer Negligence
When an employer violates Occupational Safety and Health Administration standards and that violation contributed to an injury, the violation is itself evidence of negligence in a civil case. A citation, a prior complaint record, or a documented pattern of safety failures at the workplace can all strengthen a claim. We investigate the safety history of the workplace and the physical circumstances of the injury as part of every case evaluation, and we request maintenance records, inspection logs, training documentation, and incident reports as standard practice.
Injuries We Frequently See in Workplace Cases
Workplace accidents produce some of the most serious injuries that come through our practice. Falls, machinery accidents, and vehicle crashes at work all carry a high risk of traumatic brain injury, spinal cord damage, crush injuries, amputations, and severe burns. These injuries can permanently change a person's ability to work and live as they did before. When a workplace accident results in a fatality, surviving family members may have a wrongful death claim. If your injuries fall into the most serious category, our catastrophic injury page goes into more depth on how those claims are built and valued.
What a Workplace Injury Civil Claim Can Cover
Compensation in a workplace injury civil claim is typically broader than what workers' compensation provides. It can include:
- Medical expenses, including emergency care, surgery, specialist treatment, and hospitalization.
- The full cost of future medical care and rehabilitation if ongoing treatment is needed.
- Lost wages for time missed from work while recovering.
- Lost earning capacity if the injury permanently limits your ability to work in your field.
- Pain and suffering, including the physical and emotional impact of the injury on daily life.
- In fatal workplace accidents, the full range of wrongful death damages for the surviving family.
Texas follows a proportionate responsibility rule, which means you can still recover compensation as long as your share of fault was not more than 50 percent. In non-subscriber cases, however, the employer's defenses around your own contributory negligence are significantly limited, which changes that analysis in your favor.
Why Us
Why McKinney Workers Choose The Darwich Law Firm
Direct attorney access
You speak with an attorney, not a case manager.
We investigate the full picture
Employer coverage status, third-party liability, OSHA violations, and product defects, all before settling on a theory.
Free case review, 24/7 intake
By phone, text, or online, any time after an accident.
$0 upfront for qualifying injury cases
No fee unless we win.
Local to McKinney
We serve clients across Collin County and North Texas.
Workplace Injury FAQs
What is a non-subscriber employer and what does it mean for my case?
A non-subscriber is a Texas employer that chose not to carry workers' compensation insurance. If you were injured working for a non-subscriber, you can sue the employer directly for negligence, and the employer cannot use the fellow-employee defense, the assumption of risk, or your own contributory negligence to defeat the claim.
Can I sue my employer if I was hurt at work?
If your employer carries workers' compensation, you generally cannot sue the employer directly, but you may have a third-party claim against someone else whose negligence contributed to the injury. If your employer does not carry workers' compensation, a direct negligence lawsuit against the employer is typically available.
Can I file a workers' comp claim and a civil lawsuit at the same time?
In third-party cases, yes. Workers' compensation may cover your immediate medical and wage benefits while a separate civil claim proceeds against the third party responsible for the injury. The two are not mutually exclusive.
What if I was hurt in a car or truck accident while driving for work?
Your employer's auto coverage and any workers' comp policy may apply, but if the crash was caused by another driver, you also have a civil claim against that driver. We review all available coverage and liability as part of the free case evaluation.
How is a civil workplace injury claim different from workers' comp?
Workers' compensation provides defined medical and wage benefits but excludes pain and suffering and limits your ability to sue the employer directly. A civil claim can pursue a broader range of damages, including pain and suffering and full lost earning capacity, but requires proving negligence.
How long do I have to file a workplace injury claim in Texas?
Most personal injury claims must be filed within two years of the injury, though some workplace situations involving multiple parties or product liability may have additional timing considerations. Getting legal advice early protects your evidence and your options.
Hurt at Work in McKinney?
Talk to an Attorney Today.
Workplace injury cases in Texas have more legal paths available than most injured workers realize before they speak with an attorney. Whether your employer has workers' compensation or not, and whether a third party contributed to what happened, those are questions worth answering before any claim decision is made.
No fee unless we win · McKinney, TX · Available 24/7