Getting hurt on the job is stressful and confusing. You’re dealing with pain, medical bills, and time off work – and on top of that, you might be wondering, “Can I sue my employer for my work injury?”
In Texas, the answer depends on your employer’s workers’ compensation status.
This quick guide will explain your rights in clear terms and help you understand what options you have after a workplace injury.
Texas Employers and Workers’ Comp: No Requirement to Carry Coverage
Unlike most states, Texas does not require private employers to carry workers’ compensation insurance. Texas is actually the only state where having workers’ comp is optional for many companies.
What does this mean for you?
Essentially, your employer may or may not have workers’ comp coverage. Employers that do carry state-approved workers’ comp are called “subscribers,” and those that don’t are known as “non-subscribers.” Here’s what that means:
- Subscribers: These employers have workers’ compensation insurance. If you’re hurt working for a subscriber, you generally cannot sue the company for your injuries. Instead, you can file a workers’ comp claim to get medical treatment and partial wage benefits. The trade-off is that subscribers gain protection from most injury lawsuits by employees.
- Non-Subscribers: These employers do not have workers’ comp coverage. If you’re injured while working for a non-subscriber, you are not limited to workers’ comp benefits because none exist in this case. You can sue a non-subscriber employer in a regular personal injury lawsuit if the employer’s negligence led to your injury.
Texas gives employers this choice, but it affects your legal options as an injured worker. In fact, a large number of Texas businesses opt out of workers’ comp coverage. (Nearly 44% of Texas employers are non-subscribers according to state data.) So, it’s important to find out which category your employer falls into after a work accident.
Suing a Non-Subscriber Employer for a Work Injury
If your employer was uninsured for workers’ comp (a non-subscriber), you have the right to sue them for a work-related injury, as long as the company’s negligence caused or contributed to your accident. This is essentially a standard negligence lawsuit (often called a work injury claim or non-subscriber claim).
You would need to show that your employer failed to provide a safe work environment or was otherwise careless, and that this failure led to your injury. For example, perhaps they ignored safety rules, didn’t train you properly, or failed to fix a hazard.
Because non-subscribers opted out of the workers’ comp system, they don’t get its legal protections. In fact, Texas law bars non-subscriber employers from using certain defenses (like blaming the worker’s own negligence) in these lawsuits. This means it can be easier for an injured employee to win compensation if the employer was even slightly at fault.
Through a lawsuit against a non-subscriber, you can seek full compensation for all your damages like medical bills, lost income, pain and suffering, and more, without the strict limits that apply in the workers’ comp system.
What If My Employer Has Workers’ Compensation Insurance?
If your employer is a subscriber with Texas workers’ comp coverage, you typically cannot sue your employer for a work injury. Workers’ comp in Texas is considered an “exclusive remedy,” meaning you must go through the workers’ comp claims process instead of a lawsuit in most cases.
The good news is that workers’ comp is no-fault. This means you can get benefits regardless of who caused the accident.
But the bad news is that these benefits are limited.
Workers’ comp will cover necessary treatment and part of your wages while you heal, but it won’t pay for everything (like pain and suffering or full wage replacement).
However, even if you generally can’t sue your subscribing employer, that doesn’t mean you’re out of options for additional compensation. If someone else (other than your employer) played a role in your workplace accident, you could file a claim against that third party.
Texas law allows injured workers to sue liable third parties even if they also receive workers’ comp benefits.
Third-Party Claims: Suing Someone Other Than Your Employer
A “third-party” claim means you take legal action against a person or company other than your employer whose negligence contributed to your injury. This can happen in many work accident scenarios.
For instance, perhaps a negligent contractor or subcontractor on the job site caused the hazard, or maybe a defective machine or tool from an outside manufacturer injured you. In such cases, you can sue that at-fault third party for additional damages. Here are a few examples of third-party situations:
- Negligent Third-Party on Site: If a contractor from another company or a vendor working at your job site causes your injury (for example, by creating an unsafe condition), you could have a claim against that company.
- Defective Equipment or Product: If a machine, tool, or safety gear malfunctions due to a defect and injures you, the manufacturer or seller of that equipment can be held liable in a product liability lawsuit.
- Negligent Driver: If you are hurt in a car accident while driving for work (for a delivery, work errand, etc.), and another driver was at fault, you can sue that driver (or their employer) for your injuries even though it happened “on the job.”
Third-party lawsuits can provide compensation beyond what workers’ comp offers. For example, a third-party claim can cover pain and suffering and other losses that workers’ comp does not cover. It’s important to investigate your work injury thoroughly because sometimes more than one party (besides your employer) may share fault. An experienced attorney can help identify all possible sources of recovery.
(Note: One rare exception to the “no suing your employer” rule in Texas is in the case of a fatal work accident. If a worker dies and the employer showed gross negligence, the worker’s family may have grounds for a wrongful death lawsuit against the employer. This is an exception under Texas law, but it only applies in tragic wrongful death cases.)
Get Help Understanding Your Options After a Work Injury
Dealing with a workplace injury is tough – but you don’t have to figure it out alone.
Whether your employer has workers’ comp or not, Jim Adler & Associates is here to guide you. Our team can explain your rights, help you file a workers’ comp claim or a lawsuit, and fight to get you the compensation you deserve.
We encourage you to reach out for a FREE consultation to discuss your specific situation or visit our Work Injury page to learn more about how we help injured workers.
Don’t wait to get the answers and help you need. Contact Jim Adler & Associates today if you or a loved one suffered a work injury in Texas. We’ll listen with compassion and give you straightforward advice on the best path forward so you can focus on healing while we handle the legal steps.
