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Texas is the only state where workers' compensation is optional for employers. If your employer is a non-subscriber, you can sue them directly for negligence — often for far more than comp would ever pay.
Quick answer: Under Texas Labor Code §406.033, workers injured by employers who opted out of workers' compensation (non-subscribers) can sue for negligence and cannot be met with the 'contributory negligence' defense. This is a significantly stronger legal position than workers' comp.
First question: does your employer carry workers' comp? If not, you have a direct negligence claim. We check TDI records immediately.
Even if your employer subscribes, negligent third parties (equipment manufacturers, contractors, property owners) can be sued outside workers' comp.
OSHA citations and inspection history become admissible evidence of negligence.
Texas law protects you from retaliation for filing certain work-injury claims. Wrongful-termination remedies may be available if they try.
Texas courts allow undocumented workers to recover for injuries. Your immigration status is generally protected from disclosure.
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