Texas is unique as the only state in the nation that does not require private employers to carry workers' compensation insurance. An estimated 20% to 30% of Texas employers are "non-subscribers" who have opted out of the workers' comp system. This creates a dual-track system with dramatically different legal rights depending on whether your employer carries workers' comp.
Texas is unique as the only state in the nation that does not require private employers to carry workers' compensation insurance. An estimated 20% to 30% of Texas employers are "non-subscribers" who have opted out of the workers' comp system. This creates a dual-track system with dramatically different legal rights depending on whether your employer carries workers' comp.
If your employer is a workers' comp non-subscriber, you can sue them directly in civil court for negligence. Non-subscriber employers lose critical defenses: they cannot argue contributory negligence (that your own carelessness caused the injury), assumption of risk (that you knew the job was dangerous), or the fellow-servant doctrine (that a coworker caused the injury). This makes non-subscriber claims substantially easier to win and often more valuable than workers' comp benefits.
If your employer carries workers' comp, your remedy is generally limited to workers' comp benefits. These include temporary income benefits (70% of average weekly wage, capped at the state maximum), impairment income benefits for permanent impairment, supplemental income benefits for lost earning capacity, medical benefits covering all reasonable treatment, and death benefits for survivors. While you generally cannot sue a subscribing employer, you can pursue third-party claims against anyone else whose negligence caused your injury — equipment manufacturers, subcontractors, property owners, and vehicle drivers.
Common Texas workplace injuries include falls, machinery accidents, vehicle collisions on the job, repetitive stress injuries, exposure to toxic substances, electrical injuries, and being struck by objects. Industries with the highest injury rates in Texas include construction, oil and gas, warehousing, transportation, and manufacturing.
Based on analysis of Texas verdict and settlement data.
| Severity | Medical Costs | Lost Wages | Pain & Suffering | Total Range |
|---|---|---|---|---|
| Minor | $3,000 – $15,000 | $2,000 – $10,000 | $8,000 – $30,000 | $15,000 – $50,000 |
| Moderate | $15,000 – $60,000 | $10,000 – $40,000 | $30,000 – $125,000 | $50,000 – $200,000 |
| Severe | $60,000 – $250,000 | $40,000 – $150,000 | $125,000 – $750,000 | $200,000 – $1,000,000+ |
Ranges based on publicly available Texas verdict and settlement data. Actual outcomes depend on specific case facts.
Workplace injury claims in Texas depend on the employer's workers' comp status. Non-subscriber employers can be sued for negligence under common law, and they lose the defenses of contributory negligence, assumption of risk, and fellow-servant doctrine under Tex. Lab. Code § 406.033. Subscriber employers are generally immune from lawsuits; injured workers receive benefits through the Texas Department of Insurance Division of Workers' Compensation. Workers' comp claims must be filed within 1 year. Third-party civil claims follow the standard 2-year statute of limitations (§ 16.003). Comparative fault (Chapter 33) applies to third-party claims.
Statute of Limitations
2 years for civil claims; 1 year for workers' comp claims
Comparative Fault
51% Bar Rule
Damage Caps
No Cap on Compensatory
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