Workers injured on the job need medical care and income protection, which is exactly what workers’ compensation provides, regardless of fault. Texas, however, gives private employers the option to opt out of the state’s workers’ comp system.
This lack of state-regulated insurance does not mean you are out of resources after a workplace injury. It simply means you need to take a different legal route to secure the compensation you need to heal.
Suing the employer for negligence
Because your employer is a “non-subscriber,” you have the right to file a personal injury lawsuit against them.
Through this action, you need to prove your employer’s negligence or failure to provide a safe workplace caused your injury. If successful, you may be entitled to full compensation for all damages, including pain and suffering, which is not available under workers’ comp. You may also recover 100% of lost wages rather than the partial benefits workers’ comp typically provides.
Texas law strips non-subscriber employers of many common legal defenses. Your employer cannot argue that your own carelessness, called contributory negligence, caused the injury. They also cannot claim you knew about the risk and accepted it.
Pursuing a third-party liability claim
Sometimes, a party other than your employer causes your injury. This may involve:
- Equipment manufacturers for defective products
- Property owners for unsafe conditions on their premises
- Contractors or subcontractors for creating hazardous situations at your workplace
You can file a claim against the third party even if your employer had workers’ compensation. In your case, it also gives you an additional layer of potential recovery.
Seeking additional resources
In addition to filing a lawsuit, you may also consider:
- Filing safety complaints with regulators: You can file a confidential complaint with the Occupational Safety and Health Administration (OSHA), which enforces federal workplace safety standards.
- Pursuing disability benefits: If your injury prevents you from working for a long period, you may qualify for federal Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These government programs provide income replacement and are not dependent upon your employer having workers’ compensation.
These steps can help document your employer’s conduct while offering temporary financial support.
Protecting your rights to recovery
Many non-subscriber employers create their own injury benefit plans that offer limited medical coverage and partial wage replacement. These plans typically require you to waive your right to sue in exchange for benefits.
It is best to carefully review any agreements before signing them or accepting benefits that could limit your legal options. Getting professional advice can help you with that step. This way, you avoid missing out on any support you deserve during this difficult time.
