Texas Is Different
If you've been injured at work in Texas, you might assume that workers' compensation will automatically cover you. It won't. Texas is the only state in the country where private employers can legally choose NOT to carry workers' compensation insurance.
These employers are called 'non-subscribers,' and they make up a significant portion of Texas workplaces — particularly in construction, transportation, restaurants, and small businesses across the Rio Grande Valley.
The difference between a workers' comp case and a non-subscriber case is enormous, and it determines what you can recover and how.
Path 1: Your Employer Has Workers' Compensation
If your employer carries workers' compensation insurance, the system works roughly like this:
- You report the injury to your employer within 30 days
- You file a claim with the Texas Department of Insurance Division of Workers' Compensation
- You're entitled to medical treatment and a portion of your lost wages
- You generally cannot sue your employer for negligence
The trade-off in workers' comp is simple: faster, no-fault benefits in exchange for giving up the right to sue your employer for full damages. You can't recover pain and suffering. You can't recover full lost wages. But you also don't have to prove your employer was at fault.
Path 2: Your Employer Is a Non-Subscriber
This is where Texas law gets interesting — and where you may have far more leverage than you realize.
If your employer chose not to carry workers' comp, they lose some of the most important legal protections available to Texas employers. Specifically, they cannot use these defenses against your lawsuit:
- Contributory negligence (you can't be barred from recovery for being partially at fault)
- Assumption of risk
- The 'fellow servant' rule
In a non-subscriber lawsuit, you only need to prove your employer was even 1% negligent — and they cannot use your own conduct as a defense. The damages you can recover include:
- Full medical expenses (past and future)
- Full lost wages (past and future)
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
These cases often result in significantly higher recoveries than workers' comp claims.
Path 3: Third-Party Claims — The Hidden Option
Even when workers' comp applies, you may still have a separate personal injury claim against a 'third party' — someone other than your employer who contributed to your injury.
Common third-party scenarios:
- You were driving for work and got hit by another driver — claim against the other driver
- You were injured by defective equipment — claim against the manufacturer
- You were injured on a job site by an unrelated subcontractor — claim against the subcontractor
- You were injured by a property owner's negligence at a non-employer location — claim against the property owner
Third-party claims are not affected by the workers' comp bar. You can pursue full damages — including pain and suffering — in addition to any workers' comp benefits.
How to Tell Which Path Applies to You
Ask your employer's HR department or look at the workplace poster (employers are required to post their coverage status). If you're not sure, an attorney can find out for you within a day or two.
Common Work Injuries We See in the Rio Grande Valley
- Construction site falls
- Forklift and equipment accidents
- Vehicle accidents while on the job
- Warehouse and loading dock injuries
- Agricultural and farm-related injuries
- Oil and gas industry incidents
- Restaurant burns and slip-and-falls
What to Do If You've Been Hurt at Work
Report it immediately.
In writing if possible. Get a copy of the report.
Get medical attention right away.
Document everything. If your employer pressures you to use only their preferred doctor, get a second opinion.
Don't sign anything from your employer or their insurance company.
Especially not a 'post-injury benefit plan' release. These can waive your right to sue.
Find out if your employer is a subscriber or non-subscriber.
This determines your legal path.
Call an attorney.
The legal landscape for Texas work injuries is more complex than in any other state. You need someone who knows the difference between the three paths and can pursue the one that gives you the best recovery.
The Bottom Line
Texas employers who opt out of workers' comp save money on premiums — but they give up their most valuable legal defenses in exchange. If you've been hurt at work in the Rio Grande Valley, especially if your employer is a non-subscriber or if a third party contributed to your injury, you may be entitled to far more than you realize.
Ortega Law represents injured workers across Hidalgo and Cameron counties. Free consultation. No fees unless we win. Call 956-GETHELP or visit 956GETHELP.COM. Hablamos Español.