Being injured at work can leave you facing medical bills, lost income, and uncertainty about when you will be able to return to your job. Learning that your employer does not carry workers’ compensation insurance can make the situation even more confusing.
In Texas, however, the absence of workers’ comp does not necessarily mean you have no way to recover compensation.
Texas allows most private employers to choose whether to participate in the workers’ compensation system. Employers that choose not to carry workers’ comp are commonly called non-subscribers. When an employer opts out, an injured employee may have the right to pursue a personal injury lawsuit directly against the employer.
Can Texas Employers Choose Not to Carry Workers’ Comp?
Yes. Unlike most states, Texas generally does not require private employers to carry workers’ compensation insurance.
Employers that participate in the workers’ compensation system receive significant legal protections. In most circumstances, an employee who is injured on the job cannot sue a subscribing employer for ordinary negligence. Instead, the employee pursues benefits through the workers’ compensation system.
A Texas non-subscriber does not receive that same protection.
If an employer’s negligence contributed to a workplace injury, the injured employee may be able to file a lawsuit seeking compensation directly from the employer.
Can I Sue My Employer for a Work Injury in Texas?
If your employer does not carry workers’ compensation coverage, you may be able to sue the company for negligence.
That requires investigating the cause of the injury and whether the employer failed to provide a reasonably safe workplace.
For example, a workplace injury claim might involve unsafe equipment, inadequate training, dangerous working conditions, missing safety equipment, improper procedures, or a failure to address a known hazard.
Texas law also limits some of the defenses available to non-subscriber employers. A company that chooses not to participate in the workers’ compensation system cannot simply rely on all the protections available to an employer with approved coverage.
That distinction can have a significant effect on a serious Texas workplace injury case.
What Compensation May Be Available in a Texas Non-Subscriber Claim?
Workers’ compensation benefits and damages available through a personal injury lawsuit are not the same.
When a worker successfully proves negligence against a non-subscriber employer, compensation may potentially include medical expenses, lost income, loss of future earning capacity, physical pain, mental anguish, physical impairment, and disfigurement.
In cases involving especially dangerous conduct, additional damages may potentially be available if the evidence supports a claim for gross negligence.
For workers who have suffered catastrophic injuries, determining the full impact of the injury is particularly important. A severe workplace injury may affect someone’s ability to work, provide for a family, live independently, or obtain medical treatment for years to come.
Can Other Companies Be Responsible for My Workplace Injury?
Your employer may not be the only potentially responsible party.
Modern workplaces frequently involve multiple companies operating at the same location. Construction sites may include general contractors and numerous subcontractors. Warehouses may use staffing companies and outside equipment providers. Industrial facilities may have contractors performing specialized work alongside employees.
An investigation may reveal that another contractor, property owner, equipment manufacturer, or company contributed to the conditions that caused the injury.
Identifying those parties can be an important part of a Texas workplace injury claim, particularly when several companies attempt to shift responsibility to one another.
What If My Employer Offers a Private Injury Benefit Plan?
Some Texas employers that do not carry workers’ compensation offer their own occupational injury benefit plans.
These plans are not necessarily the same as Texas workers’ compensation. They may contain their own procedures, medical networks, reporting requirements, benefit limitations, arbitration provisions, or other conditions.
Workers may receive documents related to these plans shortly after an injury. Understanding exactly what those documents say can matter because certain agreements may affect how or where a future claim is handled.
A private benefit plan does not automatically mean an employer cannot be held responsible for negligence.
Understanding Your Rights After a Texas Workplace Injury
Finding out that your employer does not have workers’ compensation insurance can be alarming, but it does not mean the employer is automatically protected from responsibility.
In some cases, the opposite is true. A Texas employer that opts out of workers’ comp may face a direct negligence lawsuit when unsafe conditions or decisions contribute to a serious employee injury.
Hamilton Wingo handles high-stakes workplace injury cases involving serious and catastrophic harm. If you were injured at work and discovered that your Texas employer does not carry workers’ compensation, Hamilton Wingo can help you understand what legal options may be available.