What Are Your Rights if You Get Injured at Work in Texas?
Many people assume that if they are injured on the job, they will be covered by workers’ compensation insurance. Unfortunately, this is not always possible in Texas.
The situation in Texas is somewhat unique in that employers can opt out of the workers’ compensation program, sometimes referred to as a Texas non-subscriber. If a company is enrolled in the workers’ compensation program, an injured employee won’t be able to sue their employer directly for negligence in their injury. (The only exceptions to this rule in Texas include wrongful death cases that involve an employer’s gross negligence.)
However, if the employer is a Texas non-subscriber (if there is no workers’ compensation coverage), then an employee CAN sue their employer directly for negligence in their injury, and the employer loses certain defenses, such as the ability to argue that the employee “assumed the risk” of the job, or that some other person or company had a duty to the injured employee. (This is called a “non-delegable duty.”)
At Roven Camp, we’re here to help guide injured workers through these types of work-related injury cases.
We will help investigate your case to determine whether your employer is a subscriber or non-subscriber to the workers’ compensation program and to investigate whether a third party was at fault for your injury. Third parties who may be responsible for your injury would be anyone who partners with your employer or is involved in your workday, including:
- Contractors or subcontractors
- Vehicle drivers
- Product makers
- Property owners
If we determine that someone is responsible for your injuries, then we are ready to work with you to pursue your claim.
