Can I Sue My Employer in Texas?

You may be able to sue your employer if you were injured at work and your employer does not carry Texas workers’ compensation insurance. Employers without workers’ compensation coverage are often called nonsubscribers. Unlike a traditional workers’ compensation claim, a lawsuit against a nonsubscriber requires you to show that your employer’s negligence caused or contributed to your injury.

The fact that an employer does not have workers’ compensation insurance does not automatically make the employer responsible for every workplace accident. Whether you have a claim depends on how the injury happened, what the employer did or failed to do, and whether another company or person might also be responsible.

What might make an employer responsible for a workplace injury?

A nonsubscriber employer may be responsible when an unsafe condition, policy, or action contributes to causing an employee’s injury. The specific facts matter, and workplace injuries can happen in many different ways. Common causes include defective equipment, inadequate training or supervision, unsafe work practices, hazardous conditions, and an unsafe workspace. Workers also are sometimes injured by a coworker performing job duties. Evidence such as photographs, incident reports, witness statements, safety records, medical records, and communications with supervisors can help explain the cause of an accident. For a more detailed discussion, read our blog post about what it means when a Texas employer is a nonsubscriber.

What if the employer offers its own injury benefit plan?

Some employers that do not carry workers’ compensation insurance offer private workplace injury plans. These plans may provide limited medical benefits, wage replacement, disability payments, or other assistance after an injury.

A private injury plan is not the same as workers’ compensation insurance. The plan may include deadlines for reporting an injury, restrictions on medical providers, limits on benefits, appeal procedures, or requirements that disputes be handled through arbitration.

The terms of the plan and any documents signed by the employee can affect the available options. Receiving benefits under a private plan does not necessarily prevent an employee from having a separate legal claim.

What losses can be included in a nonsubscriber claim?

A workplace injury doesn’t just cost you a paycheck — it can affect your health, your ability to work, and your day-to-day life for years to come. Depending on the circumstances, an injured employee may be able to recover for:

Medical expenses — past and future treatment, therapy, and rehabilitation
Lost income — wages missed during recovery
Reduced earning capacity — the long-term impact if the injury limits the work you can do going forward
Physical pain and suffering
Impairment — the loss of a physical or mental function
Disfigurement
Exemplary (punitive) damages — in cases involving gross negligence by the employer
Other losses connected to the injury, depending on the facts of the case

Because Texas nonsubscriber employers aren’t part of the workers’ compensation system, injured employees aren’t limited to the capped, narrower benefits that system provides — the damages available can be broader, but they still must be proven.

Not every type of loss applies in every case, and filing a claim doesn’t guarantee a recovery. What’s actually available depends on the evidence, the severity of the injury, the employer’s conduct, and any agreements that apply.

For readers looking for broader information about workplace accidents and injury claims, our workplace injury page provides additional guidance about the types of cases Bailey & Galyen handles.

If you have been injured at work and your employer does not carry workers’ compensation insurance, contact Bailey & Galyen to discuss what happened and learn what options may be available. The firm offers free consultations for workplace injury matters.

Can I sue my employer if they do not have workers’ compensation in Texas?

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