Getting hurt at work in Texas is more complex than most states because Texas does not require employers to carry workers compensation insurance. Depending on your employer's coverage status and the circumstances of your injury, you may have powerful legal options — including the right to sue.
Texas Is Different
Texas is the only state that does not require private employers to carry workers compensation insurance. This creates two very different situations depending on your employer:
Your employer has workers comp
You typically must file through workers comp — but you may still be able to sue third parties like equipment manufacturers, contractors, or property owners whose negligence contributed to your injury.
Your employer is a non-subscriber
This is huge. If your Texas employer opted out of workers comp, you can sue them directly for negligence — and they cannot use comparative fault, assumption of risk, or fellow employee defenses. These are called non-subscriber cases and they typically result in significantly higher recoveries.
💡 How To Find Out If Your Employer Has Workers Comp
Ask your HR department or check the Texas Department of Insurance Division of Workers Compensation database at dir.texas.gov. Knowing your employer's status is the first step in understanding your legal options.
Common Workplace Injuries
1st
Texas ranks for most workplace fatalities
500K+
Workplace injuries in Texas annually
$0
Upfront cost to hire an attorney
Common workplace injuries in Texas include: falls from heights, machinery and equipment accidents, chemical and toxic exposure, construction accidents, forklift and vehicle accidents, repetitive stress injuries, electrical accidents, and explosions at industrial facilities.
⚠️ Do Not Resign Or Accept Blame
After a workplace injury do not resign, accept blame, or sign any documents without consulting an attorney. Your employer's insurance company will work to minimize your claim immediately after an injury.
Hurt At Work In Texas?
Free case review — takes 60 seconds — no obligation
Frequently Asked Questions
Can I sue my employer for a workplace injury in Texas?
+
It depends on whether your employer has workers compensation insurance. If they are a non-subscriber you can sue them directly for negligence with very favorable legal rules. If they have workers comp you typically file through that system but may be able to sue third parties.
What if my employer has workers comp in Texas?
+
You generally must file a workers comp claim but can still pursue third-party liability claims against equipment manufacturers, contractors, property owners, or others whose negligence contributed to your injury.
How much is a workplace injury case worth in Texas?
+
Non-subscriber cases in Texas can result in very substantial recoveries since employers cannot use key defenses. Workers comp cases have set benefit schedules. Third party claims add additional recovery. An independent attorney can evaluate which claims apply to your situation.
How long do I have to file a workplace injury claim in Texas?
+
For non-subscriber employer lawsuits, Texas has a 2-year statute of limitations. For workers comp claims you must report the injury within 30 days and file a claim within one year. Contact an attorney immediately to protect all your rights.
Hurt at work in Texas?Free case review — no obligation