Texas Workplace Injury Workers Comp: Nonsubscriber Rules Explained

## Texas Workers Comp: The Only State Where Employers Can Opt Out

Texas is the only state that does not require private employers to carry workers compensation insurance. Employers who do not carry workers comp are called nonsubscribers. If you are injured working for a nonsubscriber employer in Texas, you cannot file a traditional workers comp claim — but you gain the right to sue your employer directly in civil court without many of the defenses that normally protect employers in personal injury cases.

Nonsubscriber workplace injury lawsuits in Texas often produce significantly higher recoveries than workers comp because they allow full damages including pain and suffering, which workers comp does not cover.

Your Rights Under Texas Workers Comp and Nonsubscriber Rules

If your employer does carry Texas workers comp, the Division of Workers Compensation (DWC) administers your claim. Temporary income benefits replace 70% of your lost wages. Impairment income benefits are paid based on your impairment rating. Supplemental income benefits provide ongoing assistance if your work capacity remains reduced.

• First step: determine whether your employer is a subscriber or nonsubscriber to Texas workers comp
• Check the Division of Workers Compensation's online database for your employer's insurance status
• Nonsubscriber employers are prohibited from asserting assumption of risk or contributory negligence defenses
• If your employer is uninsured, you may also have a claim against the Texas Property and Casualty Insurance Guaranty Association

Both Texas workers comp claims and nonsubscriber lawsuits have strict filing deadlines. An attorney familiar with Texas occupational injury law can determine the best strategy for your specific situation and pursue maximum compensation under whichever legal framework applies.