So you got hurt at work in Texas and now you’re trying to figure out what your options are for getting compensation. Maybe you went to HR and they told you something confusing about how your company doesn’t carry workers’ comp, or maybe you’re just now learning that Texas does things differently than every other state.
Here’s the deal – Texas is basically the Wild West when it comes to workplace injury coverage. Unlike pretty much everywhere else in the country, employers in Texas can choose whether or not to carry workers’ compensation insurance.
And if your employer decided to skip it, your path to getting compensation for your injuries can look totally different.
If your employer isn’t a workers’ comp subscriber, you might have to file a personal injury lawsuit to recover your medical costs, lost wages, and other damages. That sounds scary, but it might actually give you more options than traditional workers’ comp would.
It’s honestly a complex and high-stakes situation that can make or break your financial future. That’s why getting expert help is so important if you’ve been hurt on the job in Texas and your employer doesn’t have traditional coverage.
Texas Is Literally the Only State That Makes Workers’ Comp Optional
Every other state in the country requires employers to carry workers’ compensation insurance to protect employees who get hurt on the job. Texas said “nah, we’ll let companies decide for themselves.”
Employers in Texas can completely opt out of the state workers’ compensation system if they want to. These companies are called “nonsubscribers,” and here’s the kicker – they lose the legal protections that workers’ comp normally gives employers.
In most states, if you get workers’ comp benefits, you can’t sue your employer even if they were totally negligent and caused your injury. But in Texas, if your employer opted out of workers’ comp, you can sue them for negligence just like you would sue anyone else who hurt you.
This system puts a lot more legal risk on employers who choose not to carry workers’ comp, which is why some companies still choose to have coverage even though they don’t have to.
Your Rights When Your Employer Is a Nonsubscriber
If your employer opted out of workers’ comp, you might actually have way more rights than workers in other states. You could be entitled to full compensation for medical bills, lost income, pain and suffering, and more.
Unlike traditional workers’ comp claims, which usually only cover medical expenses and a portion of lost wages, nonsubscriber claims can include what lawyers call “noneconomic damages” – basically compensation for your pain, suffering, and how the injury has affected your life.
Employers also lose a bunch of the usual legal defenses they would normally have. They can’t argue that you “assumed the risk” of getting hurt at work, or that you were partly at fault for your own injury. These defenses normally protect employers, but nonsubscribers gave them up when they opted out of workers’ comp.
This can mean way more money in your pocket if you win your case, but it also means you have to actually win a lawsuit instead of just filing a workers’ comp claim.
When Workers’ Comp Is Available in Texas
If your employer does have workers’ comp coverage, your benefits are limited to medical care and a portion of your lost wages – usually about two-thirds of what you were making.
You generally can’t sue your employer for negligence, even if they screwed up and caused your injury. The workers’ comp system is supposed to be a trade-off – you get guaranteed benefits without having to prove fault, but you give up the right to sue for bigger damages.
You might still be able to sue third parties though. For example, if defective equipment caused your injury, you could potentially sue the manufacturer even if you can’t sue your employer.
Workers’ comp is supposed to be faster and more predictable than lawsuits, but the trade-off is that you usually get less money overall.
Why Legal Help Matters Way More in Nonsubscriber Cases
Nonsubscriber cases are often way more complicated and aggressively defended than regular workers’ comp claims. Employers and their insurance companies will fight hard to avoid paying anything, because they could be on the hook for way more money than a typical workers’ comp claim.
You have to prove that your employer was negligent – that they created unsafe work conditions, failed to provide proper training, ignored safety regulations, or something like that. This requires building a strong legal case with evidence, witnesses, and expert testimony.
Getting expert help from a lawyer who knows Texas workplace injury law can literally make the difference between walking away with nothing and getting the compensation you need to rebuild your life after a serious injury.
These cases can take years to resolve and involve complex legal strategies that most people can’t handle on their own.
Companies That Commonly Opt Out of Workers’ Comp
A lot of major companies in Texas are nonsubscribers, including some big retailers, logistics companies, and contractors that you’d probably recognize by name.
High-risk industries like construction, oil and gas, and warehousing often have mixed coverage or no workers’ comp coverage at all. Some companies self-insure or have their own injury benefit plans instead of traditional workers’ comp.
You should always ask your employer upfront whether they carry official workers’ comp coverage, because it completely changes your rights and options if you get hurt. Don’t assume they have it just because they’re a big company.
Some employers try to confuse the issue by having their own injury benefit plans that they call “workers’ comp” but aren’t actually part of the state system.
What to Do If You Get Hurt at Work
Report your injury to your employer immediately, even if it seems minor. Get everything in writing and document exactly what happened, when it happened, and who witnessed it.
Get medical attention right away and keep all your treatment records. Don’t let your employer pressure you to use only their preferred doctors or delay getting treatment.
Before you sign anything from your employer or their insurance company, talk to a lawyer who has experience with Texas nonsubscriber injury claims. These companies often try to get injured workers to sign away their rights in exchange for minimal payments.
Don’t give recorded statements to insurance adjusters without legal advice, and don’t accept any settlement offers until you understand the full extent of your injuries and what your case might be worth.
Here’s What You Need to Know
Dealing with a workplace injury in Texas can be really confusing, especially when your employer isn’t part of the traditional workers’ comp system. But being in a nonsubscriber situation doesn’t mean you’re out of luck – in fact, you might have more legal rights than you would under regular workers’ comp rules.
The key is understanding how the system works and getting expert help to protect yourself and your future. Don’t let employers or insurance companies take advantage of your confusion about Texas’s unique laws.