If you were injured at work in Texas and later learned your employer does not carry workers’ compensation insurance, your legal rights — and your options — may be very different than you expect. Texas non-subscriber law can allow injured employees to pursue full compensation, but only if they act correctly and on time.
Under both state and federal law, employees are protected against problematic workplace behavior, including discrimination, harassment, and other unfair conduct. In addition, employers in Texas must abide by their legal obligations and reduce the risk of serious bodily injury to employees and others working on or near their job sites. When they do not, injured employees have rights under Texas non-subscriber laws.
Texas Workers Have the Right to a Safe Workplace
One of the most important rights you have as an employee in Texas is the right to a safe workplace that is free from hazards that can pose risks to your life. Employers and others in control of a job site must identify and fix conditions that could cause workers to suffer serious injury or death.
To help cover the cost of lawsuits from injured workers, employers can buy insurance that pays benefits to those employees. However, Texas is one of the few states that allows companies to opt out of providing this coverage. These companies are called non-subscribers.
A final choice for employers is to purchase certified self-insurance. This involves showing that the company has enough assets to cover employee injuries and proof that it has safety programs in place.
Even Without Insurance Coverage, Non-Subscribers Still Have Obligations
Non-subscribers must still file an annual report with the Division of Workers’ Compensation (DWC) under the Texas Department of Insurance (TDI). If they begin operations without coverage, they must notify the DWC before hiring their first employee. They must also report any decision to remove insurance when the policy ends.
Other requirements include:
- Employers must post notice in their workplaces that they don’t provide coverage in English, Spanish, and other applicable languages.
- They must place notices where employees will see them frequently.
- They must provide written notice to new employees.
Non-subscribers must still report employment-related illnesses, injuries, and deaths with more than one day of lost time to the DWC. This applies to any company with five or more employees, and reports are due within 1 month and 7 days after the event.
How to Know If You May Have a Case Against a Non-Subscriber Employer
You may be able to pursue a personal injury claim if:
- Your employer opted out of workers’ compensation coverage
- Your injury required medical treatment or caused you to miss work
- Unsafe conditions, poor training, understaffing, or lack of equipment played a role
If any of these factors apply to your situation, you may have the right to seek compensation beyond what workers’ compensation would normally allow.
Which Parties Can Be Responsible for Workplace Injuries?
Determining who is responsible for causing your injuries is one of the most vital aspects of a workplace injury case. Liability means responsibility, so finding out every single party who may have contributed to the situation that harmed you is an important step toward recovering compensation.
The following are some examples of parties that can cause workplace injuries:
- Property owners who do not adequately maintain the premises
- Security companies
- Commercial truck drivers
- Technicians and mechanics
- Delivery company employees
- Excavation teams
- Electrical workers
- Construction site contractors
By showing how these parties may have caused your injury, you can file a third-party lawsuit to get compensation. If your company is a non-subscriber, it lacks the protections other employers may have by providing workers’ compensation, which doesn’t allow employees to sue.
Filing a Lawsuit Against Your Non-Subscriber Employer
When your company has no insurance to pay for your medical bills and lost wages, you can treat them like any other negligent party. You have the right to the following:
- You can report violations to the Occupational Safety and Health Administration (OSHA) office nearest you.
- You can collect evidence to show negligence by executives, managers, supervisors, or other employees that led to your injury or illness.
- You can hire a Houston work injury lawyer to represent you.
- You can file a personal injury lawsuit to recover full compensation for all your losses.
Once you notify your company of your intent to sue, they may attempt to negotiate a settlement. You do not have to take the first offer, and you should let your attorney manage these discussions. They can continue preparing your case for trial while working toward a settlement that meets your needs.
Important Deadlines for Non-Subscriber Injury Claims
You have a limited amount of time to take legal action. In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. Waiting too long can result in lost evidence, unavailable witnesses, and the complete loss of your right to compensation.
Recent Supreme Court Ruling Gives Non-Subscriber Employers More Firepower Against Lawsuits
In April 2025, the Texas Supreme Court made a decision in In re East Texas Medical Center Athens (EMTCA) about employees suing employers who don’t have workers’ compensation insurance. An EMTCA employee said she hurt her back when a worker from a third-party emergency medical transport (EMT) company pushed a stretcher carelessly. EMTCA said they were only partly responsible and that the EMT company was also at fault.
Under Texas law, a company can point to a responsible third party (RTP) to share some or all of the cost for damages. This can reduce how much the company must pay. The employee tried to stop EMTCA from sharing blame, saying the lawsuit was just a way to get workers’ compensation benefits, which do not allow RTP claims.
The court ruled that suing a third party when the employer has no workers’ compensation is not the same as claiming workers’ comp. Employers can still use the RTP rule in Chapter 33.
Evidence You’ll Need in a Non-Subscriber Lawsuit
With insurance, there is no need to prove fault before you can claim benefits. If you file a third-party lawsuit against a non-subscriber, you will need to present evidence showing how the company failed to provide a safe workplace. Your attorney can help you collect documentation such as:
- Photos of faulty equipment, poor lighting, spilled liquids, or missing warning signs
- Videos showing malfunctioning machinery or other unsafe conditions
- Maintenance and repair logs
- Training records
- Staffing counts
- Witness statements
- Emails, texts, and other communications demonstrating knowledge of an issue prior to your injury
- Previous reports that may indicate known hazards weren’t corrected or addressed
- Records showing efforts to dismiss or hide identified dangers
To succeed in a trial, you must establish that the employer or other liable party owed you a duty of care to maintain a safe environment, yet failed in that duty. You must also present evidence showing a direct link between that negligence and your illness or injury. At that point, you can receive damages from a jury award.
What Happens If You Don’t Take Action Against a Non-Subscriber Employer
If you do not pursue your legal options, you may be left paying medical bills on your own, struggling with lost income, and facing an employer who controls the narrative about what caused your injury. Over time, evidence can disappear and witnesses’ memories can fade, making claims harder to prove.
A Lawsuit Against Your Employer Can Be Challenging to Win
Even when it appears clear that your company is in the wrong, you should expect them to fight back by claiming you caused your own harm. They may also have more resources to use against you, hoping you will agree to a meager settlement and avoid court. If your lawyer believes you have a strong case, you can discuss whether it’s better for you to negotiate a settlement or keep going with a trial.
It’s vital to choose an experienced law firm that understands how to balance the goal of full compensation against the risks associated with telling your story to a jury. Trials are public and often lengthy, which can add to your concerns when you are trying to heal from your injuries. Ultimately, you are the one who makes the final choice, supported by your legal team’s knowledge and background.
You have a short time to take action against your employer. In Texas, you only have two years from the date of your injury to file a personal injury lawsuit. If you wait too long to start your case with a lawyer, you might lose the chance to hold your employer responsible for causing your injury.
Choose an Experienced Injury Lawyer for Your Claim
If you’ve been hurt on the job and discover your employer is a non-subscriber, you do not have to stand alone in your time of need. Contact Dax F. Garza to schedule a free consultation and discuss your future. Reach out today to learn more about what you can do to enforce your legal rights in Texas.
