Injured at Work in Texas? Why You May Still Have a Lawsuit
If you were hurt on the job in Texas and found out your employer doesn’t have workers’ comp, you might still have the right to sue. Texas is one of the only states that allows employers to opt out of the workers’ compensation system. These companies are called non-subscribers—and that changes everything about how your injury claim works.
What Is a Non-Subscriber in Texas?
Unlike most states, Texas does not require employers to carry workers’ compensation coverage. A non-subscriber is a business that has declined to participate in the state-run workers’ comp system, opting instead to rely on general liability insurance or self-funded plans. These policies often put workers at a disadvantage and may not cover your injury costs fully—or at all.
Why Employers Opt Out of Workers’ Comp
Many non-subscribing employers choose this route to lower costs and gain more control over claims. But it also removes key worker protections. Third-party insurance plans often favor employers, limit benefits, and prioritize fast returns to work over your long-term health.
Your Rights If You’re Hurt Working for a Non-Subscriber
If your employer is a non-subscriber, you may sue them directly in court for negligence. In fact, under Texas Labor Code § 406.033, non-subscribers lose the ability to defend themselves using certain common defenses—such as arguing that you were partially at fault or that a coworker caused your injury.
Steps to Take Immediately After a Workplace Injury
- Report the injury within 24 hours: Inform HR or your supervisor. Document everything in writing.
- Preserve all evidence: Take photos, keep medical records, and save all communications related to the injury.
- Collect witness info: If coworkers saw the incident, get their full names and contact details.
- Don’t accept “no” as an answer: If your employer refuses to file a report or acknowledge your injury, keep documenting and escalate it with legal help.
Can You Really Win a Lawsuit?
Yes. If your employer’s negligence caused your injury and they are a non-subscriber, you may be eligible to recover for:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of earning capacity
- Disfigurement or disability
In some cases, if the employer’s behavior was grossly negligent, you may also be entitled to exemplary (punitive) damages.
Why You Need a Fort Worth Work Injury Attorney
Texas non-subscriber claims are complex. Insurance companies representing your employer may offer lowball settlements—or deny your claim altogether. An experienced Fort Worth workplace injury lawyer can help you prove employer negligence, gather evidence, and fight for the full compensation you’re owed.
FAQ
Can I sue my employer if they don’t have workers’ comp?
Yes. In Texas, if your employer is a non-subscriber, you may bring a personal injury lawsuit for workplace injuries caused by negligence.
What if I was partially at fault for my injury?
Unlike regular injury cases, your employer cannot use your partial fault as a defense in non-subscriber lawsuits under Texas law.
What is the deadline to file a work injury claim?
Generally, you must file a lawsuit within 2 years of the injury date. Speak with a lawyer immediately to preserve your rights.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
