What Happens If You Get Injured While Covering Maternity Leave in Texas?

 Posted on August 08, 2025 in Work Accidents

Temporary jobs, including maternity leave coverage roles, are common across Texas. While these positions may last only a few months, the risk of getting injured on the job is as real as it is in long-term employment. If you are hurt while working in a temporary position, you may wonder whether you qualify for any type of compensation. 

In reality, there is no one right answer that applies to all temporary employees. Your eligibility depends on your employer's coverage and the nature of your employment agreement. If you were injured during a maternity leave coverage job, speak with a Dallas County, TX personal injury attorney to understand your rights and options.

Do Temporary Employees Qualify for Workers’ Compensation in Texas?

Most private employers in Texas are not legally required to carry workers' compensation insurance, but many choose to do so. If your employer has workers' comp coverage, it should apply to all employees, including anyone who was hired on a temporary basis to fill in during another employee’s maternity leave.

Under Texas Labor Code Chapter 401, there is a broad definition for the term "employee". Temporary workers who are injured while performing duties related to their job — such as lifting, driving, or standing for long hours — are generally eligible for benefits if the employer subscribes to the state’s workers' compensation program.

However, if the employer is a non-subscriber (meaning they do not carry workers’ comp), injured workers may still pursue compensation by filing a personal injury claim.

What Benefits Are Available to Temporary Employees Through Workers’ Compensation?

If your temporary employer carries workers’ compensation coverage, you may be eligible for benefits that include:

• Medical care for your work-related injury

• Temporary income benefits while you are unable to work

• Impairment income benefits if you experience lasting effects

Death and burial benefits may also be available to an employee’s family if the injury is fatal.

The process for filing a claim is the same no matter how long you were employed. Be sure to report your injury to your supervisor within 30 days and file a claim with the Texas Division of Workers’ Compensation (DWC) within one year of the injury.

What If Your Employer Does Not Have Workers’ Compensation?

Many small businesses and contract employers in Texas do not carry workers' compensation. If you are hurt on the job and your employer is a non-subscriber, you may be able to file a personal injury lawsuit. You will need to show that your employer’s negligence contributed to your injury — for example, if you were not given proper training or safety equipment.

Since non-subscribers cannot use certain defenses, like claiming that your own negligence caused the injury, you may be able to recover more than you would through workers’ comp. However, these cases can be challenging and are best handled by a knowledgeable work injuries attorney.

Contact a Dallas County, TX Work Injury Lawyer for Uninsured Employers

If you were injured while covering someone’s maternity leave or filling some other type of short-term position, you still have rights. Just because you are a temporary employee does not mean you should be left to handle your injuries and resulting expenses on your own. Speak with an Irving, TX personal injury attorney at Jerry D. Andrews, P.C. to learn how you may be able to recover compensation. 

We offer free consultations and speak Spanish fluently to ensure our clients feel heard and supported. Call us at 214-221-5800 to discuss your case. You pay nothing unless we win.