Texas does not require most private employers to carry workers' compensation. Employers that opt out are called nonsubscribers. In exchange for opting out, they lose key legal protections.
The Nonsubscriber System
A worker injured at a nonsubscriber employer can sue the employer directly for negligence — and crucially, the employer cannot use the common defenses of contributory negligence, assumption of risk, or the fellow-servant rule to defeat the claim.
Why This Can Mean Larger Recoveries
Workers' comp pays limited, scheduled benefits and bars most lawsuits against the employer. A negligence claim against a nonsubscriber, by contrast, can include full damages for pain and suffering and other losses not available under comp.
For subscriber employers, the comp system applies, but injured workers may still have third-party claims against equipment manufacturers, contractors, or property owners.
Know Your Employer's Status
Whether your employer subscribes to workers' comp dramatically changes your options. A free review can identify your employer's status and every avenue of recovery.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.