Most injured workers believe workers’ compensation is their only option after a job accident. In Texas, that is not always true. Texas is one of the only states that allows employers to opt out of workers’ compensation coverage. When that happens, injured workers often gain powerful legal rights that do not exist in most other states.
Whether you can sue your employer depends on one critical factor: did your employer carry workers’ compensation insurance?
Texas Is a “Non-Subscriber” State
Texas allows employers to opt out of workers’ compensation. Employers who do this are called “non-subscribers.”
If your employer is a non-subscriber and you are injured on the job, you may be able to file a personal injury lawsuit directly against them.
When You Cannot Sue Your Employer
If your employer carries workers’ compensation:
- You usually cannot sue your employer
- Benefits are limited to medical bills and partial wages
- No compensation for pain and suffering
When You Can Sue Your Employer in Texas
If your employer is a non-subscriber:
- You can file a personal injury lawsuit
- You can recover:
- Medical expenses
- Lost wages
- Pain and suffering
- Physical impairment
- Mental anguish
Non-subscribers also lose major legal defenses:
- They cannot claim you were partly at fault
- They cannot blame coworkers
- They cannot argue assumption of risk
Common Non-Subscriber Work Injury Cases
- Refinery and plant accidents
- Construction falls
- Forklift injuries
- Heavy machinery accidents
- Port and terminal injuries
Can You Still Sue Third Parties?
Yes. Even if workers’ compensation applies, you may still sue:
- Equipment manufacturers
- Property owners
- Vessel owners
- Subcontractors
How Long Do You Have to File?
In most cases, you have two years from the date of injury.