Your Employer Has No Workers Comp. Here Is What That Means for You.
Texas is the only state where employers can opt out of workers compensation. If yours did, you can sue them directly — and they lose three major legal defenses.
Check My EligibilityWhat Non-Subscriber Means in Texas
About one in five Texas employers chooses not to carry workers compensation insurance. They are called "non-subscribers." This is legal — Texas is the only state in the country that allows it. Some of Houston's largest industrial employers, staffing agencies, and construction companies operate as non-subscribers.
For injured workers, this creates an unusual situation. Without workers comp, there is no automatic system paying your medical bills or replacing lost wages. But there is a significant upside: you can sue your employer directly for negligence. And under Texas Labor Code Chapter 406, a non-subscriber employer loses the three most powerful defenses they would normally use in court.
Three Defenses Your Employer Loses
Contributory Negligence
Your employer cannot argue that your own carelessness caused the accident to reduce your recovery.
Assumption of Risk
Your employer cannot claim you accepted the danger by taking the job — even in hazardous industries.
Fellow-Servant Doctrine
Your employer cannot blame a coworker's mistake to avoid liability for your injury.
This means you only need to prove your employer was negligent. That is a lower bar than a typical personal injury lawsuit. Common examples: failing to provide safety equipment, ignoring known hazards, skipping required training, or pressuring workers to skip safety steps to meet deadlines.
Key Facts About Non-Subscriber Claims
Texas non-subscriber rate
~20%
of Texas employers opt out of workers comp coverage
Only state with opt-out
1 of 50
Texas is the only state where employers can legally skip workers comp
Defenses removed
3
common-law defenses non-subscribers lose in court
How to Check and What to Do Next
Texas employers are required to tell employees whether they carry workers comp. You can check the TDI employer coverage database online, ask your HR department, or look in your employee handbook. If your employer does not carry coverage and you were injured at work, you can file a negligence lawsuit in civil court.
Non-subscriber cases often settle for more than workers comp claims because they allow recovery of full damages: pain and suffering, total lost wages, future earning capacity, and mental anguish. Texas law prohibits your employer from retaliating against you for filing a claim. Your consultation with a licensed attorney is confidential — no one contacts your employer without your permission.
Check Your Claim in 60 Seconds
Free, confidential, and no obligation. Our quiz determines if your non-subscriber employer claim qualifies for a full lawsuit.
Take the Free QuizOr call (888) 999-0000 to speak with someone now.