Hurt Working for a Texas Non-Subscriber Employer
Quick answer: In Texas, most private employers can choose not to carry workers' comp. These employers are called non-subscribers. If you're hurt working for one, you don't get state workers' comp benefits, but you can sue the employer for negligence, and the law takes away three of its usual defenses (Labor Code §406.033).
How to tell if your employer is a non-subscriber
Texas requires an employer without coverage to tell you. According to the Texas Department of Insurance, a non-subscriber must post a notice of no coverage at work in English, Spanish, and any other language needed, place it where employees regularly see it, and give new employees written notice. It also files an annual notice with the Division of Workers' Compensation. Government employers, like cities, counties, and public schools, must carry coverage.
Suing a non-subscriber: what changes
In a lawsuit against a non-subscribing employer, Labor Code §406.033 says the employer can't defend itself by arguing that:
- you were partly at fault (contributory negligence);
- you accepted the risk of the job (assumption of risk); or
- a co-worker caused the injury (negligence of a fellow employee).
You still have to prove the employer, or someone acting for it within the scope of their job, was negligent. The employer can still argue that you were hurt on purpose or while intoxicated.
What people run into
These questions come up again and again in online forums. Here's what the law says.
It's an employer that chose not to carry workers' compensation insurance. In Texas, most private employers can make that choice. Your employer should have told you in writing.
TDI-DWC, non-subscriber employer information
No. Some non-subscribers offer their own benefits, but those plans aren't the state workers' comp system, so the TIBs rules and limits on our Texas calculator don't apply. Read the plan's own deadlines and rules carefully.
TDI-DWC notice of no coverage
A personal injury lawsuit in Texas generally has to be filed within two years. See the Texas filing deadline calculator.
Tex. Civ. Prac. & Rem. Code §16.003
Sources
This guide is general information, not legal advice. A lawsuit against an employer depends on the facts. Talk to a Texas attorney about your situation.