Getting hurt at work is more than just a physical injury. It’s a sudden storm that can disrupt your entire life, bringing a wave of medical bills, lost wages, and uncertainty about the future. You might wonder if you can sue your employer for a Texas workplace injury.
The answer isn't a simple yes or no. In Texas, your ability to take legal action against your employer depends on a crucial choice they made long before your accident ever happened—whether your employer participates in the state's workers' compensation system or if they are what's known as a "non-subscriber." This distinction changes everything about your case and the compensation you may be able to recover, and speaking with an experienced Houston personal injury lawyer can help you understand which path applies to your situation.
Key Takeaways about Suing Your Employer after a Texas Workplace Injury
- Texas law is unique as it does not require most private employers to have workers' compensation insurance.
- An employee generally cannot sue their employer for a workplace injury if the employer has workers' compensation coverage, as it is considered the "exclusive remedy."
- If an employer is a "non-subscriber" (meaning they do not have workers' comp), an injured employee has the right to file a personal injury lawsuit against them.
- To win a lawsuit against a non-subscriber, the employee typically must prove that the employer's negligence was a cause of the injury.
- Non-subscribing employers are stripped of powerful legal defenses, which can make it easier for an injured worker to prove their case and hold the company accountable.
The Big Question: Can I Sue My Employer for a Workplace Injury in Texas?
When you’re dealing with the pain and financial pressure of a work injury, you need clear answers. The most important factor in determining if you can sue your employer is their insurance status. Unlike nearly every other state, Texas allows private employers to opt out of carrying workers' compensation insurance, which often leaves employees wondering what questions should I ask before pursuing a claim or speaking with a lawyer.
This creates two very different scenarios for injured workers in Houston and across the state:
- Your employer has workers' compensation insurance. In this case, you are generally barred from suing your employer for your injury.
- Your employer does NOT have workers' compensation insurance. This makes them a "non-subscriber," and you have the right to file a personal injury lawsuit against them.
Let's break down what each of these paths means for you and your family.
Understanding the Texas Workers' Compensation System
Many people have heard of workers' comp, but few understand how it truly works until they need it. Think of it as a type of insurance policy your employer buys to cover employee injuries.
What is Workers' Compensation?
Workers' compensation is a state-regulated insurance program designed to pay for medical care and a portion of lost wages for employees who are injured on the job. The key feature of this system is that it's a "no-fault" system. This means you don't have to prove your employer did anything wrong to cause your injury. Whether the accident was caused by your employer, a coworker, or even your own simple mistake, you are entitled to benefits. However, in cases where accident claims go to court, such as when an employer doesn’t have workers’ comp coverage, proving negligence becomes critical to recovering full compensation.
The "Exclusive Remedy" Rule: Why Workers' Comp Bars a Lawsuit
In exchange for providing these no-fault benefits, the system gives employers a powerful legal shield. Workers' compensation is the exclusive remedy for an employee against their employer. In simple terms, this means that if your employer has this coverage, your only option for recovery is through a workers' comp claim. You give up the right to file a lawsuit against them for the injury.
The benefits provided under a workers' compensation claim are set by law and typically include:
- Medical Benefits: Pays for necessary medical treatment related to your injury.
- Temporary Income Benefits (TIBs): Replaces a portion of the wages you lose while you are recovering.
- Impairment Income Benefits (IIBs): Compensates you for a permanent impairment resulting from your injury.
- Lifetime Income Benefits (LIBs): For certain severe, permanently disabling injuries.
While these benefits provide a crucial safety net, they do not cover things like pain and suffering, mental anguish, or the full amount of your lost wages, which are often available in a personal injury lawsuit.
Are There Any Exceptions?
There is one extremely narrow exception to the exclusive remedy rule. If an employee's death is caused by the employer's intentional act or gross negligence, their surviving family members may be able to file a lawsuit for exemplary damages (also known as punitive damages). However, this is a very high legal standard to meet and applies in only the most tragic of circumstances.
When You Can Sue Your Employer in Texas: The Non-Subscriber Path
This is where Texas law truly stands apart. Many companies, including some of the largest employers in the state, choose to be non-subscribers. If your employer is one of them, the door to a personal injury lawsuit is wide open.
What is a "Non-Subscriber"?
A non-subscriber is simply an employer who has legally opted out of the Texas workers' compensation system. They may do this to save on insurance premium costs, or they might have their own private occupational injury benefit plan. According to the Texas Department of Insurance, a significant percentage of Texas employers are non-subscribers. This means thousands of workers who get hurt on the job each year have the right to hold their employer directly accountable in court.
How a Non-Subscriber Case Changes Everything if You Want to Sue Your Employer for a Texas Workplace Injury
If you were injured while working for a non-subscriber, your case is no longer a simple insurance claim. It becomes a personal injury lawsuit where you must prove that your employer’s negligence caused your injuries.
What is negligence? In a workplace context, negligence means the employer failed to act with reasonable care to provide a safe working environment, and this failure directly led to your accident. This is a critical difference from the no-fault workers' comp system, and it’s often the point where you should consider what can a lawyer do for you after a serious workplace injury to help prove fault and recover full compensation.
Examples of employer negligence that can lead to a lawsuit include:
- Failing to provide proper safety equipment or gear.
- Not maintaining equipment or machinery in safe working order.
- Failing to adequately train employees on safety procedures or job tasks.
- Allowing unsafe conditions to exist, such as cluttered walkways or slippery floors.
- Requiring employees to perform tasks that are unreasonably dangerous without proper precautions.
Proving that your employer's lack of care led to your injury is the key to a successful non-subscriber case.
The Employer's Disadvantage: Losing Key Defenses
To balance the scales, Texas law takes away several powerful legal defenses from non-subscribing employers. A non-subscriber cannot argue in court that:
- The employee was partially at fault (contributory negligence). Even if you were 99% responsible for the accident, the employer can still be held 100% responsible for your damages as long as their negligence contributed to the incident in any way.
- The employee knew the job was dangerous and "assumed the risk." The argument that you "knew what you were signing up for" is not a valid defense for a non-subscriber.
- Another employee's negligence caused the injury (the "fellow servant" rule). The employer is responsible for the actions of all their employees. If a coworker's mistake hurts you, the employer can be held liable.
Losing these defenses makes it much more difficult for a non-subscribing employer to escape accountability for providing an unsafe workplace. This strengthens your personal injury lawsuit and increases your chances of recovering full and fair compensation for your injuries.
What Kind of Compensation Can You Seek in a Non-Subscriber Lawsuit?
The potential for recovery in a non-subscriber lawsuit is often far greater than the scheduled benefits offered by workers' compensation. Because you are filing a personal injury lawsuit, you can seek compensation for the full range of your losses, known as damages.
Your damages are typically broken down into two main categories:
- Economic Damages: These are the measurable financial losses you have suffered. They include things like all past and future medical bills, all past and future lost wages, and loss of future earning capacity if you can no longer do the same type of work.
- Non-Economic Damages: These damages compensate you for the human cost of the injury, which doesn't have a precise price tag. This includes compensation for your physical pain and suffering, mental anguish, physical impairment (loss of function of a body part), and disfigurement.
These non-economic damages, especially for pain and suffering, are not available in a workers' comp claim and are often the most significant part of a recovery in a serious injury case.
What About Third-Party Lawsuits?
Sometimes, an on-the-job injury isn't caused by your employer or a coworker but by someone else entirely. This "third party" could be another company or individual. In these situations, you may be able to file a personal injury lawsuit against that third party, even if your employer has workers' compensation. This is exactly why you need a personal injury lawyer who can identify all liable parties and help you pursue every possible source of compensation.
Common examples of third-party liability include:
- Defective Machinery: A piece of equipment malfunctions due to a manufacturing defect and injures you. You could have a claim against the equipment manufacturer.
- Car Accidents on the Job: You are hit by a negligent driver while making a delivery or traveling for work. You can sue the at-fault driver.
- Subcontractor Negligence: On a large construction site, like those you see reshaping the Houston skyline, an employee of a different company creates an unsafe condition that causes your injury. You may have a claim against that subcontractor's company.
Pursuing a third-party claim does not prevent you from also collecting workers' compensation benefits, though your employer's insurance carrier may have a right to be reimbursed from your lawsuit recovery.
FAQs: Sue Employer Texas Workplace Injury
Here are answers to some common questions that arise when you are considering your legal options after a work accident.
How do I find out for sure if my employer has workers' compensation?
The most direct way is to ask your Human Resources department for the company's workers' compensation insurance carrier information. If they cannot or will not provide it, you can use the employer search tool on the Texas Division of Workers' Compensation website to look up their coverage status.
Is there a deadline to file a lawsuit against my non-subscriber employer in Texas?
Yes. In Texas, the statute of limitations for personal injury cases is generally two years from the date of the injury. If you do not file a lawsuit within this time frame, you will likely lose your right to do so forever. It is crucial to act promptly to protect your rights.
What if my own mistake partially caused my injury at a non-subscriber company? Can I still recover?
Yes. As explained above, Texas law prevents non-subscriber employers from using your own partial fault (contributory negligence) as a defense to escape liability. As long as you can prove their negligence played any role, even a small one, in causing the accident, you can still seek a full recovery for your damages.
Can my employer fire me for reporting an injury or filing a lawsuit?
No. It is illegal for an employer to retaliate against you for reporting a work injury or for filing a workers' compensation claim or a non-subscriber lawsuit in good faith. If you believe you have been fired or disciplined for this reason, you may have a separate legal claim for wrongful termination.
What if I was injured by a coworker's mistake? Can I sue my non-subscriber employer?
Yes. Non-subscribing employers cannot use the "fellow servant" rule as a defense. This old legal doctrine stated that an employer wasn't responsible for an injury caused by a fellow employee's negligence. In a modern non-subscriber case, the employer is responsible for the actions of their employees, so if a coworker's error hurt you, the employer can be held fully liable.
Let the Boots and the Suits Get to Work for You
Determining whether you have a workers' compensation claim or the right to sue your employer for a Texas workplace injury is a complex process with high stakes. The team at Suits & Boots Accident Injury Lawyers was founded because we saw too many people being shortchanged by systems that were supposed to protect them.
We know this is a tough time, and a quick, confusing "free consultation" often leaves you with more questions than answers. That’s why we offer a No Cost, No Obligation 30-Day Investigation. We use this time to dig deep into the specifics of your case, giving you clear, "take it to the bank" information about your options. Our Max Money Method is designed to find every source of compensation you deserve, not just at the end of your case, but along the way, too.
If you’ve been hurt at work, let us help you understand your rights and fight for the full and just recovery you and your family deserve. Claim your free Investigation with Suits & Boots today by calling (713) 489-0922 or filling out our online form.