December brings a surge in seasonal hiring across Dallas–Fort Worth. Retail stores, warehouses, delivery companies, and hospitality employers bring in temporary workers to handle holiday demand—often placing them in fast-paced environments with real safety risks.
Many seasonal workers don’t know whether their employer carries workers’ compensation insurance. When the employer does not participate in the Texas workers’ compensation system (i.e., has the status of a “non-subscriber”), a worker’s rights change significantly. Non-subscribers can be sued in a civil action for full damages when their negligence causes an injury—something most temporary workers never realize.
At Bailey & Galyen, the official law firm sponsor of the 2023 World Series champion Texas Rangers, we bring more than 40 years of experience to injured workers across the DFW Metroplex and the state of Texas. We help employees understand their rights, determine whether an employer is a non-subscriber, and pursue full compensation when negligence is involved.
Common Injuries Suffered by Seasonal Workers in Retail, Warehouse, and Hospitality Jobs
- Ice-related slip-and-falls at entrances and outdoor pickup zones – Seasonal curbside workers, stockers, and delivery staff frequently face slick walkways and unmonitored loading areas.
- Warehouse injuries from heavy lifting and forklift traffic – Holiday fulfillment centers run at full speed, leading to pallet accidents, struck-by injuries, and lifting-related strains.
- Burns and other restaurant injuries during holiday events – Seasonal kitchen staff can suffer burns on hot surfaces, be at risk of steam burns, or face other challenges due to understaffed conditions. Statistics show that workers with less than one year of experience account for a 67% spike in burn injuries.
- Delivery vehicle crashes during peak shipping weeks – Night routes, overloaded vans, and tight deadlines heighten collision risks for temporary delivery drivers.
How To Know If Your Employer Is a Texas Non-Subscriber
- Check your offer letter or paystub – If it does not reference workers’ compensation coverage—or states “non-subscriber”—you may have to file a lawsuit to recover for any injuries.
- Ask HR to confirm the company’s coverage – Texas employers must disclose whether they participate in workers’ comp.
- Determine whether you were hired through a staffing agency – Your legal rights depend on who controls your work: the staffing agency, the host employer, or both.
Why Non-Subscriber Status May Benefit Seasonal Workers
Full Civil Damages in a Non-Subscriber Lawsuit
Injured seasonal employees may be able to recover the following:
- Pain and suffering
- Loss of companionship or consortium, typically close family or intimate relationships
- Loss of enjoyment of life, defined as the ability to do things that brought fulfillment before the accident or to engage in ordinary activities of daily life
- Punitive damages, but only where there is evidence of gross negligence
How Litigation Damages Differ From Workers’ Comp Limits
Workers’ comp covers only reasonable and necessary medical bills and lost wages based on recent income. So-called “non-economic” damages, such as pain and suffering, loss of enjoyment of life, and loss of companionship/consortium, are not available through a workers’ compensation claim but can be recoverable in litigation against a non-subscriber employer.
Staffing Agency vs. Direct Employer: Who Is Liable?
Seasonal workers often misunderstand who is responsible for workplace safety. Liability depends on who controlled the conditions that caused the injury. In many cases, both the staffing agency and the host employer may have some responsibility, especially in warehouses and large retail operations.
- Report the injury before leaving your shift
- Photograph hazards such as ice, spills, forklifts, or broken equipment
- Get medical attention and document symptoms
- Save messages or app instructions from supervisors
- Collect coworker names as witnesses
- Consult an experienced workplace injury lawyer
Read Also: Arbitration for Injured Workers at Non-Subscribing Companies in Texas
How Bailey & Galyen Protects Injured Seasonal Workers
We determine whether your employer is a non-subscriber, investigate warehouse and retail safety conditions, analyze staffing agency arrangements, document OSHA violations, and pursue full civil damages when negligence causes harm.
Injured while working a seasonal job in Texas? Call Bailey & Galyen at (844) 402-2992 or contact us online for a free case evaluation. Hablamos español en nuestra oficina.
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