If you were hurt on the job in Texas, the first thing you need to find out is whether your employer carries workers’ compensation insurance. The answer to that question determines everything — your benefits, your legal rights, and whether you can sue.
Texas is the only state in the country that does not require private employers to carry workers’ compensation coverage. This is not a technicality. It is a fundamental difference that affects hundreds of thousands of injured workers every year.
Two Completely Different Situations
If Your Employer Is a Workers’ Comp Subscriber
If your employer carries Texas workers’ compensation insurance through the state system (administered by the Texas Department of Insurance, Division of Workers’ Compensation), you are entitled to:
- Medical benefits: All reasonable and necessary medical treatment for your work injury, with no out-of-pocket cost
- Income benefits: Temporary income benefits (TIBs) equal to 70% of your pre-injury average weekly wage (or 75% if your wages were below a threshold), beginning after a 7-day waiting period
- Impairment income benefits: If you have a permanent impairment rating, additional benefits based on that percentage
- Death benefits: If a worker is killed on the job, surviving family members receive 75% of the deceased worker’s average weekly wage
The tradeoff: By accepting workers’ comp benefits, you give up your right to sue your employer for negligence — with limited exceptions (gross negligence resulting in death).
If Your Employer Is a Non-Subscriber (No Workers’ Comp)
This is where Texas gets unusual. If your employer opted out of workers’ comp, you cannot file a workers’ comp claim. But you gain something more powerful: the right to sue your employer in civil court for negligence.
And critically, in a non-subscriber lawsuit, your employer cannot use these standard defenses:
- Contributory negligence (that you were partly at fault)
- Assumption of risk (that you knew the job was dangerous)
- Fellow servant rule (that a co-worker caused your injury)
These are the three defenses that defeat most workplace injury lawsuits in other states. In Texas non-subscriber cases, they don’t apply. If your employer’s negligence contributed to your injury, you can recover — even if you were partially at fault.
How to Find Out If Your Employer Has Workers’ Comp
You can look up any Texas employer’s workers’ comp coverage status on the Texas Department of Insurance website. You can also simply ask your HR department or your employer directly — they are legally required to post a notice informing employees whether they are covered.
Many large employers in refining, construction, and manufacturing are non-subscribers who self-insure. They often have their own occupational injury programs that sound like workers’ comp but are not. These programs typically provide less coverage and can be revoked. If you are injured, you may be better off pursuing a civil claim than accepting benefits under the employer’s internal program.
What to Do Immediately After a Workplace Injury in Texas
1. Report the injury to your supervisor immediately — in writing if possible. Texas workers’ comp law requires you to report the injury within 30 days. For non-subscriber civil claims, reporting immediately also protects you from arguments that the injury didn’t happen at work.
2. Seek medical treatment right away. If your employer has workers’ comp, you may be required to treat with an approved treating doctor initially. If your employer is a non-subscriber, you can see any doctor you choose. Document every visit, every symptom, every limitation.
3. Do not sign anything from your employer or their insurer without reading it. Many non-subscriber employers have their occupational injury benefits conditioned on you signing a release of claims. Read every document carefully before signing anything.
4. Preserve evidence. Photograph the accident scene, the equipment involved, and your injuries. Identify co-workers who witnessed the incident. Request copies of any incident reports. If OSHA was involved, get the report number.
5. Understand the timeline. For workers’ comp claims, you generally have one year from the date of injury to file a claim with the Texas DWC. For non-subscriber civil lawsuits, the statute of limitations is two years from the date of injury. Don’t wait.
Third-Party Claims — An Important Option You May Be Missing
Even if your employer has workers’ comp (and you’re limited to those benefits), you may still have a civil lawsuit against a third party — a company, contractor, or manufacturer who isn’t your employer but whose negligence contributed to your injury.
Common examples:
- A subcontractor on a job site whose crew created the hazard that injured you
- A manufacturer of defective equipment or tools
- A trucking company whose driver caused a vehicle accident you were in while working
- A property owner whose premises created an unreasonably dangerous condition
Third-party claims can be pursued alongside a workers’ comp claim. They are separate legal actions, and the damages available are broader — including pain and suffering, which workers’ comp does not cover.
Industries Where Non-Subscriber Cases Are Common in Texas
- Oil and gas / refining (especially in Houston and the Gulf Coast corridor)
- Construction and general contracting
- Warehousing and logistics
- Restaurant and retail chains
- Trucking companies (independent contractors are often not covered at all)
If you work in any of these industries and were injured on the job, there is a real possibility your employer is a non-subscriber, or that a third-party claim exists alongside your workers’ comp case.
Rushing Law Group handles workplace injury cases — both workers’ comp subscriber and non-subscriber — across Texas. The evaluation is free and there’s no fee unless we recover for you. Call (713) 574-5969 or start your case evaluation online.
