Texas is unique as the only state that does not require employers to carry workers' compensation insurance. An estimated 20-30% of Texas employers are non-subscribers. Non-subscriber employees can sue their employer in civil court for negligence, making Texas workplace injury cases potentially more valuable than in other states. Third-party claims against equipment manufacturers, subcontractors, and property owners are also common.
Get My Free Workplace Injury Estimate →If your employer is a workers' comp subscriber, your remedy is generally limited to workers' comp benefits unless a third party was at fault. If your employer is a non-subscriber, you can sue for full damages and the employer cannot use contributory negligence, assumption of risk, or fellow-servant defenses. Texas workers' comp benefits include income replacement (70% of pre-injury wages up to the state maximum) and medical benefits.
Statute of Limitations
2 Years
Comparative Fault
51% Bar Rule
Damage Caps
No Cap
Minor workplace injuries settle for $15,000 to $50,000. Moderate injuries range from $50,000 to $200,000. Severe injuries — amputations, TBI, permanent disability — produce settlements of $200,000 to $1,000,000+ especially against non-subscriber employers.
| Severity | Typical Settlement Range |
|---|---|
| Minor Injury | $15,000 |
| Moderate Injury | $50,000 - $200,000 |
| Severe / Catastrophic | $200,000 - $1,000,000+ |
These ranges are based on publicly available Texas verdict and settlement data. Actual outcomes vary based on specific facts and circumstances.
Back Injury, Broken Bones (Fractures), Burns, Carpal Tunnel Syndrome, Knee Injury, Shoulder Injury, Amputation, Traumatic Brain Injury (TBI)
Our AI-powered estimator analyzes your workplace injury case details against thousands of Texas verdicts and settlements to give you a personalized estimate of what your case may be worth. It takes just a few minutes, is completely confidential, and costs nothing.
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Construction Accident • Oil Field Accident • Product Liability • Wrongful Death
If your employer is a workers' comp non-subscriber (about 20-30% of Texas employers), yes — you can sue for full damages. If your employer carries workers' comp, you're generally limited to those benefits but can still sue at-fault third parties.
Minor injuries average $15,000 to $50,000. Moderate injuries range from $50,000 to $200,000. Severe injuries against non-subscriber employers can produce settlements of $200,000 to $1,000,000+ since all negligence defenses are stripped.
A non-subscriber is a Texas employer that has opted out of the workers' compensation system. They face greater legal liability because they lose most common-law defenses and must provide their own injury benefits program. Injured employees can sue directly.
Texas workers' comp provides income benefits (70% of average weekly wage up to $1,067/week), medical benefits covering all reasonable treatment, supplemental income benefits for partial disability, and death benefits for survivors.
Yes. Even if your employer carries workers' comp, you can sue third parties whose negligence caused your injury — such as equipment manufacturers, subcontractors, property owners, or vehicle drivers. This can significantly increase your total recovery.
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