Most people assume every employer carries workers' compensation. In Texas, that is not true. Texas lets most private employers choose not to carry it. These employers are called "non-subscribers," and many warehouses, retailers, farms and construction companies in the Rio Grande Valley are among them.

How to Find Out If Your Employer Is a Non-Subscriber

• Ask your employer or HR department in writing.
• Look for a workers' compensation notice posted at work. Employers are required to tell employees whether they have coverage.
• Check your hiring paperwork for an "injury benefit plan" or arbitration agreement, which often signals a non-subscriber.

Why It Matters

If your employer has no workers' comp, you may be able to file a personal injury lawsuit against your employer for negligence. Texas law takes away some of a non-subscriber's best defenses. It generally cannot blame you for being partly at fault, argue that you accepted the risk of the job, or blame a co-worker.

You still must show that the employer was negligent, for example by failing to train you, provide safe equipment, or provide enough help for a dangerous task.

Be Careful With Paperwork After an Injury

Some non-subscribers ask injured workers to sign releases, recorded statements or benefit-plan forms soon after an injury. Texas law limits the effect of waivers signed before an injury and puts conditions on waivers signed after one. Do not sign anything until a lawyer has reviewed it.

Deadline

A negligence lawsuit against a non-subscriber generally must be filed within two years of the injury.

Learn more on our workplace injury lawyer page, or call 956-630-LAWS (5297) for a free consultation. Se habla español.

This post is general information, not legal advice. Attorney responsible: Oscar Lee Longoria Jr., Law Office of Oscar Longoria, PLLC, Mission, Texas.