WorkplaceInjuriesinTexas:YourRightsUndertheLaw

Texas stands alone among all fifty states in one important respect: it does not require private employers to carry workers' compensation insurance. This makes workplace injury claims here more complex — but in many cases, it also creates significantly greater recovery potential for injured workers.

Workers' Comp Subscribers vs. Non-Subscribers

Employers who choose to purchase workers' compensation insurance are called subscribers. If you're injured while working for a subscriber employer, your remedy is generally limited to the workers' comp system — a no-fault system that provides benefits regardless of who was negligent, but caps what you can recover and restricts your ability to sue.

Non-Subscriber Employers: A Critical Difference

Employers who opt out of workers' comp are non-subscribers. If you're injured while working for a non-subscriber employer, you can file a negligence lawsuit directly against your employer in civil court. Critically, non-subscriber employers cannot use the defenses of contributory negligence, assumption of risk, or fellow employee negligence that would otherwise reduce or defeat your claim. This is a substantial legal advantage.

How to Find Out If Your Employer Subscribes

Texas law requires employers to post a notice in the workplace stating whether they are a workers' comp subscriber or non-subscriber. You can also check with the Texas Department of Insurance's Division of Workers' Compensation. If you're unsure, ask your HR department — or consult an attorney.

Third-Party Claims

Even if your employer has workers' comp coverage, you may still have a claim against a third party whose negligence contributed to your injury. Common examples include defective equipment manufactured by a third company, a vehicle accident in the course of your job, or the negligence of a contractor working on the same site. Third-party claims can be filed alongside a workers' comp claim and are not subject to the same caps on recovery.

• Report your injury to your employer in writing as soon as possible
• Seek medical attention and keep records of all treatment
• Document the conditions that caused the injury before they're changed
• Do not sign any documents from your employer or their insurer without legal advice
• The statute of limitations for a workplace injury lawsuit is two years in Texas

OSHA Protections

Regardless of workers' comp status, you have the right to a safe workplace under federal and state OSHA laws. You can report unsafe conditions anonymously and you are protected from retaliation for doing so. An OSHA investigation can also provide valuable documentation if you pursue a civil lawsuit.