Texas Injury Law Blog

Why is Texas the Only State Where Injured Workers Can Sue Their Employer?

For the most part, every state in America other than Texas has eliminated work injury lawsuits. The way they did this was by forcing employers within their borders to participate in a workers' compensation program. Said programs all follow the same formula: the employer gets immunity from a lawsuit, the injured worker loses the right...

What Are My Rights if My Employer Is a Non-Subscriber?

If you've been hurt on the job in Texas, one of two things usually happens: you have the right to receive automatic benefits if your employer participates in the workers' compensation program, or your employer is a non-subscriber to workers' comp and you don't have that right. If you find yourself in the latter position,...

How Do I Find Out if My Employer Has Workers’ Comp or if They’re a Non-Subscriber?

Most workers in Texas are surprised to learn that employers do not have to participate in the workers' compensation program. About 25% of the companies in Texas actually opt-out of workers comp; we call these companies non-subscribers. This means that if you are injured on the job, you can't assume you will receive workers compensation...

What Are My Rights if My Employer Does Not Have Workers’ Comp. in Texas?

Texas is unique; employers in Texas can choose NOT to participate in the workers' compensation program. When a company opts out of providing workers' comp. coverage, injured workers do not receive automatic benefits like they would if the company did participate in the workers' comp. program. This raises the question, "If I am injured on...

Non-Subscriber

What Types of damages Can You Recover in a Work Injury Case?

What compensation can I recover in my Non-Subscriber work injury case under Texas law? When you've been in a work injury, your next logical step is to find out if your employer has workers' compensation coverage or not. When they do not have this coverage, since they can opt out in Texas, your employer then...

When Should I File a Non-Subscriber Injury Lawsuit in Texas?

When is the right time to file a non-subscriber lawsuit? For many clients and prospective clients, we recommend not suing their non-subscriber employer following a work injury. Often times it's unnecessary, and many employers who are non-subscribers will pay fair compensation to their workers, even the law doesn't require them to do so proactively. But...

What Defenses Are Not Allowed in a Texas Non-Subscriber Work Injury Case?

Prohibited Defenses for Non-Subscribers Under Texas Law: When an employer opts into workers' comp coverage, they are (mostly) immune from work injury lawsuits. But when an employer opts out, injured workers can sue them by showing that the employer's negligence was the cause of their injuries. Employers who opt out are called "non-subscribers." Therefore, an...

What Are the Defenses Used by Non-Subscribers in Work Injury Cases?

Defenses That Non-Subscriber Employers Can Use Against Injured Workers Under Texas Law: In its 25 year history, our firm has represented perhaps hundreds of injured Texans whose employers were non-subscribers to Texas workers' compensation coverage. One thing we have learned in that time is that not many attorneys (on either side of the litigation) fully...

How Does Negligence Work in Texas Non-Subscriber Work Injury Cases?

How on-the-job negligence works in a Texas non-subscriber case: In a Texas non-subscriber case, you are able to sue your employer for injuries sustained, but your employer is not liable by default just because you were hurt on the job. In order to win a work injury case against your employer you must show that...