Marshall’s workplace injuries come out of the manufacturing plants along US-59 and US-80, the oil and gas service yards, and the warehouses and logistics lots near the I-20 interchange. The injured worker is taken to CHRISTUS Good Shepherd Medical Center Marshall on South Washington Avenue, the city’s hospital. If the injury was an on-the-job crash, the Marshall Police Department or the Harrison County Sheriff’s Office writes the report; for an injury on the plant floor, the first written record is the employer’s incident report, and what it says matters. A suit against a non-subscriber employer or a negligent third party is filed in the Harrison County 71st District Court at 200 West Houston Street. Trey Morris Injury Lawyers checks whether your employer carries workers’ compensation coverage at all, gets the incident report and your treatment records, and puts the employer on notice in writing.
The law that governs the claim is Texas law and it is the same in every county. Texas is the only state where a private Marshall employer can opt out of workers’ compensation under Tex. Labor Code Section 406.002, and a subscriber claim still requires employer notice within 30 days under Section 409.001 and a DWC filing within one year under Section 409.003. Trey Morris Injury Lawyers sorts that DWC track from a non-subscriber negligence suit, and from any two-year third-party filing under CPRC Section 16.003, before the wrong clock is used. We have handled workplace injury cases across East Texas for over 20 years.
Texas Workers Compensation Is Optional: What That Means for Marshall Workers
workers compensation
A state-administered insurance system that pays medical and income benefits to employees injured on the job. In most states, employer participation is mandatory. In Texas, it is voluntary.
Texas is the only state in the United States where private employers can legally opt out of workers compensation coverage entirely. Under Tex. Labor Code Section 406.002, every private employer in Texas makes a choice before any injury occurs: purchase coverage through the Texas Division of Workers’ Compensation (DWC), or opt out. That choice shapes every aspect of your legal options after a workplace injury.
Employers who purchase coverage are called subscribers. Employers who opt out are called non-subscribers. These two categories produce two completely different legal systems for injured workers.
If your employer is a subscriber, your claim goes through the DWC. You receive statutory benefits: income replacement, medical coverage, and death benefits. You generally cannot sue your employer directly in civil court. If your employer is a non-subscriber, DWC benefits are not available to you. Instead, you file a civil lawsuit against your employer in Harrison County District Court. Non-subscriber cases operate under standard negligence law, and the recoveries are often significantly larger than DWC benefits allow.
Harrison County’s employer base includes manufacturers along the US-59 and US-80 corridors, oil and gas services, logistics operations near the I-20 interchange, and warehousing. That base includes both subscribers and non-subscribers. You cannot tell which category your employer falls into just by looking. The first thing any attorney should do is verify your employer’s status with the Texas Department of Insurance, Division of Workers’ Compensation.
Non-Subscriber Claims: The Three Lost Defenses
When a Texas employer opts out of workers compensation, Tex. Labor Code Section 406.033 strips them of three common-law defenses that employers in most states rely on when sued for workplace injuries.
contributory negligence
A defense argument that the injured employee’s own careless acts were a cause of the accident, used to reduce or eliminate recovery.
The first defense eliminated is contributory negligence. A non-subscriber cannot argue that the worker’s own careless behavior caused or contributed to the accident. This defense is gone. The employer cannot use it.
assumption of risk
A defense argument that the injured employee voluntarily accepted the known dangers of the job, barring or reducing their recovery.
The second defense eliminated is assumption of risk. A non-subscriber cannot argue that the worker knew the job was dangerous and accepted that risk when they took the position. This defense is gone too.
fellow servant doctrine
A common-law rule that barred a worker from recovering from their employer when a coworker’s negligence caused the injury. Texas non-subscriber status eliminates this defense entirely.
The third defense eliminated is the fellow servant doctrine. A non-subscriber cannot point to a coworker’s negligent act to shift responsibility away from the company. The employer is directly liable.
Without these three defenses, the injured worker only needs to prove that the employer was negligent. That is a lower bar to clear than it sounds. Non-subscriber cases regularly produce recoveries that include pain and suffering, mental anguish, disfigurement, and lost future earning capacity. DWC benefits do not cover any of those categories. The statute of limitations for a non-subscriber tort claim is two years from the date of injury under CPRC Section 16.003.
Non-subscriber trials require a distinct strategy because the defense cannot rely on the defenses that dominate most civil cases. Trey Morris Injury Lawyers has handled non-subscriber claims in East Texas and understands how employers without coverage structure their defense when they do get sued.
DWC Benefit Tiers for Subscriber Employees
If your employer is a subscriber, your benefits are governed by the Texas Division of Workers’ Compensation under Tex. Labor Code Chapters 408 through 415. The system pays income replacement through four sequential tiers, each triggered by a specific stage of your medical recovery.
Temporary Income Benefits (TIBs)
TIBs
Temporary Income Benefits. The first tier of Texas workers compensation income replacement, paid while you cannot perform your pre-injury job. Calculated at 70% of your pre-injury average weekly wage.
MMI
Maximum Medical Improvement. The point at which your treating physician determines your condition has stabilized and further treatment will not significantly change the outcome.
TIBs begin when your injury prevents you from doing your pre-injury job and end when you reach MMI or when you return to work at your prior wage. The calculation uses 70% of your average weekly wage before the injury. DWC sets an annual maximum weekly TIB rate; check the current rate with TDI.
TIBs are straightforward in concept but disputes arise often. Common flashpoints are the average weekly wage calculation, the treating doctor’s release status, and whether modified duty counts as a return to work. These disputes have deadlines. If your carrier is contesting your TIBs, get legal advice before those deadlines pass.
Impairment Income Benefits (IIBs)
impairment rating
A percentage assigned by a physician at MMI representing the permanent loss of use or function caused by the injury. Used to calculate IIBs under the Texas DWC system.
Once you reach MMI, your treating doctor assigns an impairment rating. Every percentage point of impairment translates to three weeks of Impairment Income Benefits. A 10% impairment rating means 30 weeks of IIBs. IIBs are paid at 70% of your pre-injury average weekly wage, subject to the same annual cap.
Impairment ratings are frequently disputed. Carriers often request a Designated Doctor examination, and the ratings from carrier-selected doctors sometimes differ significantly from treating physician ratings. You have the right to request a DWC-selected designated doctor review.
Supplemental Income Benefits (SIBs) and Lifetime Income Benefits (LIBs)
SIBs
Supplemental Income Benefits. Paid to workers with 15% or more impairment rating who continue to have significant wage loss after their IIBs are exhausted. Applications are required quarterly.
Qualifying for SIBs requires an impairment rating of at least 15% and demonstrated ongoing wage loss. Applications are submitted quarterly. Missing a quarterly application can end the benefit period. Many injured workers lose SIBs not because they stop qualifying but because no one told them about the quarterly filing requirement.
LIBs
Lifetime Income Benefits. The highest tier of Texas workers compensation, paid for life to workers with catastrophic permanent injuries including paraplegia, quadriplegia, or total loss of use of both hands, feet, or eyes.
LIBs are paid at 75% of your pre-injury average weekly wage and continue for life. The qualifying injury categories are defined by statute and limited to catastrophic permanent conditions. If you sustained a qualifying injury (total loss of use of both hands, both feet, both eyes, or paralysis of two or more limbs), this benefit tier applies.
Death and medical benefits complete the subscriber system. Medical benefits have no dollar cap under Texas law; all necessary treatment for the compensable injury is covered. Death benefits provide weekly income to the surviving spouse and children. Burial expenses are covered up to a statutory cap.
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
What Are the Deadlines for a Texas Workers Compensation Claim?
Texas workers compensation has two critical deadlines. Missing either one can eliminate your claim regardless of how serious your injury is.
The first deadline is injury notification. You must notify your employer within 30 days of the injury or the date you discovered a work-related disease under Tex. Labor Code Section 409.001. Oral notice is technically sufficient but written notice creates a record. Email, text, or a signed letter all work. If your supervisor knew about the injury and you reported it to them, that usually satisfies the requirement. The problem arises when an injury develops gradually over time, like a back condition or repetitive stress injury, and the worker cannot point to a specific notification date.
The second deadline is the formal DWC claim filing. You must file a claim with the Texas Division of Workers’ Compensation within one year of the injury date under Tex. Labor Code Section 409.003. This is not a deadline your employer files for you. You file it. Missing this deadline generally bars the claim. Good cause exceptions exist but are narrow and require proof.
If your claim is denied or your benefits are disputed, the DWC provides a dispute resolution process. You first request a Benefit Review Conference (BRC). This is an informal meeting with a DWC benefit review officer. If that does not resolve the dispute, you request a Contested Case Hearing (CCH) before a DWC hearing officer. Appeals from CCH decisions go to the DWC Appeals Panel. After that, appeals go to district court.
Each stage has its own deadline. Trey Morris Injury Lawyers has represented injured workers through the full DWC dispute process, including CCH hearings and Appeals Panel proceedings.
Learn about construction site accident claims in Harrison County
Third-Party Claims for Subscriber Employees
Subscriber employees can still file civil lawsuits. They cannot sue their direct employer, but any negligent third party who contributed to the injury remains a valid defendant. The DWC exclusive remedy only shields the subscribing employer.
A third-party claim is a standard negligence lawsuit filed in Harrison County District Court against someone other than your direct employer. Common third-party defendants in Harrison County workplace cases include equipment manufacturers, subcontractors, property owners who controlled the work site, and vehicle operators who caused an on-the-job crash.
The deadline for a third-party claim is two years under CPRC Section 16.003. This is not the same as the one-year DWC claim deadline. These are separate clocks. You can simultaneously pursue DWC benefits from your employer and a third-party tort claim against the equipment manufacturer who put a defective machine on the floor where you were working.
Third-party recovery includes non-economic damages that DWC benefits never pay: pain and suffering, mental anguish, and disfigurement. This is often where the real value of a workplace injury case exists for seriously injured workers.
subrogation
The right of an insurance carrier to seek reimbursement from a third-party recovery. If your employer’s workers comp carrier paid your medical bills and a third party caused your injury, the carrier can claim a portion of your third-party settlement to recover what it paid.
There is a tradeoff. If you recover money from a third party, the DWC carrier has a subrogation right. The carrier can claim reimbursement from your third-party recovery for benefits it already paid. A skilled attorney structures the third-party settlement to minimize what the carrier takes back. This requires understanding both DWC reimbursement rights and how to negotiate them.
proportionate responsibility
Texas’s fault allocation system under CPRC Chapter 33. If you are 51% or more at fault, you recover nothing. At 50% or less, your damages reduce proportionally.
Texas proportionate responsibility also applies to third-party claims under CPRC Chapter 33.
Learn about big truck accident claims in Harrison County
Your Marshall Injury Attorneys
Founder Trey Morris leads every injury case the firm takes.
Common Workplace Injuries in Harrison County’s Industrial Sector
Harrison County’s economy creates specific injury patterns. Manufacturing plants along the US-59 and US-80 corridors involve machinery with entanglement points, overhead loads, and chemical processes. Oil and gas service work carries crush and pressure injury risk. Warehousing and logistics operations see forklift accidents, overexertion injuries, and falls from loading docks. Construction and pipeline work brings fall-from-height risk, trench collapses, and struck-by events.
Occupational disease follows different rules. When respiratory illness or other disease results from workplace chemical exposure, the statute of limitations begins when you discovered or should have discovered the condition. That is not the date of first exposure. Chemical plant workers and refinery workers sometimes do not know they have a compensable condition until years after the exposure. That discovery rule matters.
cumulative trauma
A work injury resulting from repeated physical stress over time rather than a single accident. Under Texas law, cumulative trauma qualifies as a compensable DWC injury if the work was a producing cause.
Repetitive stress injuries qualify under the Texas DWC system if the work was a producing cause of the condition. This includes carpal tunnel syndrome, shoulder impingement, and chronic back conditions from repetitive lifting. “Producing cause” is a lower standard than “sole cause.” You do not have to prove work was the only reason for the condition.
Psychological injuries are more restricted. Texas workers compensation covers mental illness or psychological injury only when it results from a physical compensable injury or from witnessing a catastrophic event at the workplace under Tex. Labor Code Section 408.006. A psychological condition arising from general workplace stress, without a physical injury trigger, is not compensable under the subscriber system. For immediate treatment after a workplace injury in Harrison County, Marshall Regional Medical Center handles initial care. Serious cases are routed to UT Health East Texas in Tyler, approximately 45 miles from Marshall and the nearest Level I trauma center.
What clients say
- ★★★★★
Where should I start!?
Trey Morris Injury Law Firm was a great fit for me! During this wild time of getting into a car wreck, dealing with insurance, and other third parties, Mrs. Brooke and Mrs. Nerren were extremely helpful! They were there for me through the whole process and never once did I doubt their professionalism. They will fight tooth and nail for you and get you what you deserve. I would recommend them to anyone.
- ★★★★★
Trey Morris what a great experience if I ever have to suggest a lawyer's office Morris is my first choice will be suggesting to friends and family
- ★★★★★
Very professional and very easy to work with throughout the whole case!
Lane and Men helped make the whole process go smonthly with no stress
- ★★★★★
Great experience overall.
Seth and Jessica were always there to help and I could tell they truly had my best interest in mind. I was overwhelmed after my incident and they walked me through every step of the way and provided a lot of relief.
- ★★★★★
I hired [Trey Morris Injury Lawyers] to represent me with my case.
Mr. Lane Robinson, Jessica, and Yadira has been with me every step of the way, making sure I received the proper care I needed to get well. They always called emailed and text to make sure I was doing OK. I would recommend the firm to anyone. They have an amazing team. I couldn’t have made a better choice. Thank you all for everything you have done for me and my family.
- ★★★★★
I just want to express how pleased I am with [Trey Morris Injury Lawyers].
Their caring team made a huge difference in my experience. From the moment I reached out, they were attentive and supportive, guiding me through every step of the process. They truly took the time to listen to my concerns and made me feel valued as a client. I highly recommend their services to anyone in need of a compassionate and dedicated legal team!
Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.
What Compensation Does Texas Law Allow After a Workplace Injury?
The answer depends on your employer’s status and whether third parties are involved.
loss of earning capacity
The difference between what you could have earned over your working lifetime before the injury and what you can earn now. Calculated by a vocational expert and converted to present value by an economist.
For non-subscriber claims, Texas law allows full tort recovery. Economic damages include all medical expenses (past and future), lost wages (past and future), and loss of earning capacity. Non-economic damages include pain and suffering, mental anguish, and disfigurement. These are not available under the DWC subscriber system.
Exemplary damages (what other states call punitive damages) are available in non-subscriber cases when the employer’s conduct was grossly negligent. The standard is clear and convincing evidence of gross negligence under CPRC Section 41.008. The statutory cap applies: the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. Gross negligence claims arise when employers knowingly expose workers to hazards they know are likely to cause serious injury and do nothing about it.
For subscriber employees limited to DWC benefits, income replacement, medical coverage, and death benefits are available. Pain and suffering is not. That is why third-party claims matter so much to subscriber employees who sustained serious injuries. The non-economic damages that DWC does not pay can be recovered from the responsible third party.
Loss of earning capacity for serious injuries requires expert testimony. A vocational rehabilitation expert evaluates your post-injury work capacity. An economist converts the wage loss to present value. Both are necessary in cases involving permanent restrictions. Trey Morris Injury Lawyers works with vocational and economic experts on workplace injury cases involving permanent impairment.
Frequently Asked Questions
How do I find out if my employer has Texas workers compensation coverage?
What happens if my employer has no workers compensation insurance and I get hurt?
Can I sue my employer if they are a workers comp subscriber?
What is an impairment rating and how does it affect my benefits?
I was hurt on the job but a third party caused the accident. Can I sue them?
Does Texas workers compensation cover occupational diseases like chemical exposure?
What is the deadline to file a workers compensation claim in Texas?
Can my employer retaliate against me for filing a workers compensation claim?
Last updated October 7, 2026