What Happens if Your Construction Employer Doesn’t Carry Workers’ Comp in Texas
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Understanding Workers’ Comp and Nonsubscriber Employers in Texas
Texas is unique: unlike most states, employers here are not required to carry workers’ compensation insurance. This means many construction companies in Dallas, Fort Worth, and across Texas operate as “nonsubscribers.”
For injured workers, this distinction is critical. If your employer doesn’t carry workers’ comp, your path to recovery looks very different—and often more favorable—than you might expect.
Why Workers’ Comp Coverage Matters
Workers’ Compensation Basics
- Provides medical care and partial wage replacement.
- Protects employers from most lawsuits.
- Limits the damages workers can recover.
The Problem in Construction
Construction is one of the most dangerous industries in Texas. Without workers’ comp, injured workers may face uncertainty about medical bills, lost wages, and long‑term recovery.
What Is a Nonsubscriber Employer?
Definition of a Nonsubscriber
A nonsubscriber is an employer who opts out of the Texas workers’ compensation system. Instead of paying premiums, they assume the risk of being sued directly if a worker is injured.
Why Employers Opt Out
- To save money on insurance premiums.
- To maintain more control over claims.
- To avoid state oversight of workplace safety.
Your Rights Against a Nonsubscriber Employer
The Advantage for Injured Workers
If your construction employer is a nonsubscriber, you may file a negligence lawsuit directly against them. Unlike workers’ comp, this allows you to seek:
- Full lost wages and future earning capacity
- Medical expenses
- Pain and suffering
- Punitive damages in cases of gross negligence
Limited Defenses for Employers
Texas law strips nonsubscriber employers of certain defenses, including:
- Contributory negligence (blaming you for part of the accident)
- Assumption of risk (arguing you knew the job was dangerous)
- Coworker negligence (blaming another employee)
This makes nonsubscriber claims powerful tools for injured workers.
FAQ's Employer Doesn’t Carry Workers’ Comp in Texas
A1: A nonsubscriber is an employer who opts out of the Texas workers’ compensation system. Instead of providing workers’ comp benefits, they can be sued directly for negligence if a worker is injured.
A2: Yes. If your employer is a nonsubscriber, you may file a negligence lawsuit. This allows you to pursue damages beyond medical bills and partial wages, including pain and suffering and lost earning capacity.
A3: Injured workers may recover full lost wages, medical expenses, pain and suffering, and in some cases punitive damages if the employer’s conduct was grossly negligent.
A4: Texas law prevents nonsubscriber employers from blaming the worker, claiming the worker assumed the risk, or shifting blame to a coworker.
A5: Employers are required to notify employees if they are nonsubscribers. You can also check with the Texas Department of Insurance or consult a lawyer to confirm your employer’s status.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
Third Party Liability in Construction Accidents
Even if your employer has workers’ comp, you may still have claims against:
- Subcontractors who created unsafe conditions
- Property owners who failed to maintain a safe site
- Equipment manufacturers whose defective products caused harm
These third‑party claims can significantly increase your recovery.
What to Do If Your Employer Doesn’t Carry Workers’ Comp
Immediate Steps After a Construction Site Injury
- Report the accident to your supervisor.
- Seek medical treatment and keep detailed records.
- Identify whether your employer is a subscriber or nonsubscriber.
- Contact an experienced construction site injury lawyer.
Why Legal Help Is Essential
Nonsubscriber cases are complex. Employers and their insurers often fight aggressively to avoid liability. A skilled construction accident lawyer can investigate the accident, preserve evidence, and pursue maximum compensation.
Speak With a Texas Construction Site Injury Lawyer Today
If you’ve been injured on a construction site, you don’t have to face the aftermath alone. Our team at MLF Legal investigates every angle—workers’ comp, nonsubscriber claims, and third‑party liability—to maximize your recovery.
📞 Call us today at 214-357-17823 or
💻 Fill out our online form for a free consultation.
We only get paid if we win your case.