Although many employers in Texas carry Workers' Compensation insurance, some employers do not. The employers that do not have Workers' Compensation insurance are called "non-subscribers" (because they do not "subscribe" to Workers Compensation).
In the event that you are injured while working, you are most likely allowed to file a lawsuit against your employer to recover for your injuries.
In most instances, if a company has Workers' Compensation insurance, the company cannot be sued and the injured worker must file a claim with the Workers' Compensation insurance company. Recovery for injuries can be limited if the company has Workers' Compensation insurance.
However, if the company is a "non-subscriber", then a lawsuit can be filed against the company. If proven that the company was negligent, then you are allowed to recover for medical bills, lost wages, mental anguish and the pain & suffering that you have gone through because of the company's negligence.
Don't be fooled by the company telling you they have Workers Compensation insurance. Sometimes, a company will tell the injured worker that "our workers comp insurance will take care of you, don't worry." Although a company may have some type of insurance to cover workplace injuries, it is not necessarily Workers' Compensation insurance under Texas law and you may be entitled to more money for your injuries and lost paycheck money.
It is always safe to have an attorney evaluate your case for you. Most of the time, an experienced attorney can let you know in a short amount of time whether the company that you worked for is covered under Workers' Compensation insurance.
Our firm has handled many cases where workers were injured and the company did not have Workers Compensation insurance.
If you have any questions about whether or not the company that you worked for when you were injured is covered under Texas Workers Compensation insurance, please contact us at 877.724.7800 or fill out our contact form on this page.