Injured at Work? What to Do If Your Texas Employer Doesn’t Have Workers’ Comp
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Introduction: Texas Is Different When It Comes to Workers’ Comp
If you’ve been injured at work in Texas, one of the first questions you’ll face is whether your employer carries workers’ compensation insurance. Unlike every other state, Texas allows many employers to “opt out” of the workers’ comp system. These companies are called non-subscribers.
If your employer doesn’t carry coverage, you may feel stuck—but you actually have powerful legal rights. In fact, in some cases, you may be able to recover more compensation than you would under traditional workers’ comp.
This article explains how to check if your employer has coverage, what your rights are if they don’t, and how a Texas workplace injury lawyer can help you fight back.
What Is a Non-Subscriber Employer in Texas?
A non-subscriber employer is a company that chooses not to participate in the Texas workers’ compensation system. While this saves the employer money, it also strips them of certain legal protections.
- Subscribers: Provide workers’ comp benefits, but employees usually cannot sue them for negligence.
- Non-subscribers: Do not provide workers’ comp, but can be sued directly if their negligence caused an injury.
FAQs About Texas Non-Subscriber Employers
Yes. If your employer is a non-subscriber and their negligence caused your injury, you may file a lawsuit.
Medical bills, lost wages, pain and suffering, and in some cases punitive damages.
Generally two years from the date of injury.
Yes. These cases are complex, and employers often fight aggressively to avoid liability.
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.
How to Check If Your Employer Has Workers’ Comp
Not sure if your employer carries coverage? Here are three ways to find out:
- Ask HR or your supervisor. Employers must disclose whether they have coverage.
- Verify independently. Use the Texas Department of Insurance coverage lookup tool.
- Look for posted notices. Employers with coverage must display notices in the workplace.
Can I Sue My Employer for a Workplace Injury in Texas?
The answer depends on whether your employer is a subscriber or non-subscriber:
- If your employer has workers’ comp: You typically cannot sue them, but you may receive medical and income benefits through the system.
- If your employer is a non-subscriber: You may be able to file a personal injury lawsuit directly against them.
Damages You Can Recover in a Non-Subscriber Lawsuit
Unlike workers’ comp, which limits benefits, a lawsuit against a non-subscriber employer may allow you to recover:
- Full medical expenses (not just those pre-approved).
- Lost wages and loss of future earning capacity.
- Pain and suffering.
- Punitive damages in cases of gross negligence.
Limited Defenses for Employers
Texas law also restricts the defenses available to non-subscriber employers. They generally cannot argue that:
- You assumed the risk of injury.
- A co-worker’s negligence caused your accident.
- You were partially at fault (comparative negligence is limited).
Common Employer Tactics After a Workplace Injury
Employers without workers’ comp often act quickly to protect themselves. Injured workers may face:
- Pressure not to report the injury.
- Quick settlement offers designed to minimize payouts.
- Retaliation or wrongful termination.
- Company doctors who downplay the seriousness of injuries.
These tactics are designed to reduce liability. Having an attorney ensures your rights are protected.
Why You Need a Texas Workplace Injury Lawyer
Non-subscriber cases are complex and heavily defended. Employers often hire aggressive insurance defense teams. Without representation, you risk losing valuable compensation.
An experienced workplace injury lawyer can:
- Investigate your accident and preserve evidence.
- Identify all potential claims, including third-party liability.
- File suit within the statute of limitations.
- Negotiate aggressively with insurers.
- Take your case to trial if necessary.
At MLF Legal, we’ve fought for injured workers across Texas. We know the strategies employers use—and how to beat them.
Real-World Examples of Non-Subscriber Cases
Here are common scenarios where lawsuits may apply:
- Construction accidents: Falls from scaffolding due to lack of safety harnesses.
- Warehouse injuries: Crushed by improperly stacked pallets.
- Oilfield accidents: Burns caused by ignored safety protocols.
In each case, the injured worker may recover far more than under workers’ comp.
Deadlines Matter: Don’t Wait to Act
In Texas, the statute of limitations for filing a workplace injury lawsuit is generally two years from the date of injury. Waiting too long can make it harder to gather evidence and build a strong case.
Conclusion: Protect Your Rights After a Workplace Injury
Being hurt on the job is stressful enough. Learning your employer doesn’t carry workers’ comp can make it worse. But Texas law gives you powerful rights—if you act quickly.