Quick Summary:
If you were hurt on the job near Texarkana, your first step is to get medical care and report the injury right away. Your rights depend on which side of the state line you work in—Arkansas provides traditional workers’ compensation, while Texas allows many employers to opt out of the system. Understanding which laws apply can help protect your health, your paycheck, and your future.
At Anderson Law Firm, we know how stressful it can feel when you’re injured, unable to work, and worried about keeping your job or paying the bills. As a Texarkana workplace injury lawyer team serving both Texas and Arkansas, we help injured workers understand the differences in their rights depending on where the accident happened and who was responsible.
How Arkansas Workers’ Compensation Works
Arkansas uses a traditional workers’ compensation system that requires most employers to carry coverage. If you’re injured while working in Arkansas—whether in a factory, on a construction site, or while making deliveries—you may be entitled to medical treatment, wage benefits, and disability payments without having to prove anyone was at fault.
Because workers’ compensation is a no-fault system, you cannot generally sue your employer. However, you may still have a personal injury claim
if a third party caused your accident—for example, if a subcontractor, equipment manufacturer, or negligent driver played a role in your injury.
Texas Employers May Be “Non-Subscribers”
Texas is different. Employers are not required to carry workers’ compensation. Many businesses in and around Texarkana choose to become “non-subscribers,” meaning they operate outside the state workers’ comp system.
If your Texas employer is a non-subscriber and you’re hurt on the job, you may have the right to file a negligence lawsuit against them. This often allows injured workers to recover far more than workers’ comp typically provides, including full lost wages, pain and suffering, and, in some cases, punitive damages.
Because non-subscriber cases can move quickly and involve aggressive insurance carriers, speaking with a work injury attorney in Texas and Arkansas as soon as possible is important.
Common Texarkana Work Injury Scenarios
Factory & Industrial Injuries
Factories on both sides of the state line see serious injuries from machinery, chemical exposure, falls, or heavy lifting. Arkansas workers usually pursue workers’ comp, while Texas workers may have either a comp claim (if the employer is a subscriber) or a negligence case (if the employer opted out).
Construction Accidents
Construction sites often involve multiple companies. If you were hurt by another subcontractor’s employee, faulty equipment, or a careless driver entering the site, you may have a third-party claim in addition to any workers’ comp rights. These claims can provide compensation that standard comp benefits do not.
Delivery Drivers & Road Injuries
Many Texarkana workers are injured in vehicle accidents while making deliveries, traveling between job sites, or driving company vehicles. If another driver caused the crash, you may have a personal injury claim—even if you are also receiving workers’ compensation. Our team can help determine whether you have both types of claims and ensure you pursue the maximum recovery possible.
When a Work Injury Becomes a Personal Injury Case
In both Texas and Arkansas, a work accident may lead to a third-party injury claim if someone other than your employer caused the harm. Common examples include defective tools or machinery, unsafe premises created by another company, or negligent motorists. Fatal work accidents may also lead families to pursue wrongful death claims
in addition to workers’ comp or employer liability claims.
If you’ve been hurt on the job near Texarkana and aren’t sure which laws apply, our team is here to help. You can learn more about your rights by visiting our Workplace Injuries
page or requesting a free consultation.
FAQ
Can I sue my Texas employer if they don’t carry workers’ comp?
Yes. If your Texas employer is a non-subscriber, you may be able to file a negligence lawsuit, which can provide broader compensation than workers’ comp.
Do I still need a lawyer if I'm already getting workers’ comp checks?
Often, yes. Workers’ comp doesn’t cover all losses, and a lawyer can identify whether you also have a third-party personal injury claim.
What if I was hurt while driving for work?
If another driver caused your crash, you may have a personal injury claim in addition to any workers’ comp rights.
What should I do first after a workplace injury?
Get medical care, report the injury, and talk with a Texarkana workplace injury lawyer who can determine whether your claim falls under Texas law, Arkansas law, or both.
Can I be fired for reporting a work injury?
Both states have laws that protect workers from retaliation. If you’re worried about your job, our team can help you understand your rights.