Can I Sue My Employer for a Work Injury in Texas?

Getting hurt on the job can mean your livelihood is taken away in a flash. You might start your day clocking in for another shift, and the next thing you know, you’re dealing with hospital bills, missed paychecks, physical pain, and uncertainty about what comes next. Many injured workers assume workers’ compensation will automatically cover their losses, but in Texas, that is not always the case.

In these situations, you may be left asking, “can I sue my employer for a work injury?”

Texas is the only state in the country that does not require private employers to carry workers’ compensation insurance. That means many employees work for Texas “non-subscriber” employers that have opted out of the workers’ comp system entirely. If you were injured while working for a non-subscriber employer, you may have the right to file a personal injury lawsuit against your employer and pursue compensation beyond what workers’ compensation typically allows.

At Sellers Law Firm, we help injured workers across Dallas–Fort Worth hold negligent employers accountable. If you were hurt on the job and your employer does not carry workers’ compensation coverage, contact Sellers Law Firm online, or call us at (817) 928-4222 to discuss your legal options.

Is workers’ comp required in Texas?

No. Texas does not require most private employers to carry workers’ compensation insurance.

Employers that choose not to participate in the workers’ compensation system are called “non-subscribers.” While some large companies carry workers’ comp coverage, many Texas businesses (particularly in industries like construction, energy, manufacturing, and staffing) opt out.

When an employer subscribes to workers’ compensation, injured employees are generally barred from suing the employer for ordinary negligence. In exchange, workers typically receive limited benefits regardless of fault.

However, when an employer becomes a non-subscriber, they lose many of the legal protections workers’ compensation provides. That opens the door for injured workers to pursue negligence claims directly against the company.

Texas non-subscriber employers often create their own injury benefit plans, but these plans are not the same as workers’ compensation insurance. They may contain:

Strict reporting deadlines
Mandatory arbitration clauses
Limited medical coverage
Restrictions on doctor choice
Reduced wage replacement

Just because your employer offers an internal injury plan does not necessarily mean you waived your right to pursue legal action.

Is suing your employer worth it?

Whether suing your employer is “worth it” depends on several factors, including the severity of your injuries, the financial impact of the accident, and whether your employer’s negligence contributed to what happened.

For workers employed by non-subscriber companies, filing a lawsuit can sometimes result in significantly greater compensation than a traditional workers’ compensation claim. However, lawsuits also involve challenges and legal hurdles that injured workers should understand before moving forward.

Potential advantages of suing your employer

One of the biggest benefits of suing a non-subscriber employer is the ability to recover a broader range of damages.

Workers’ compensation benefits are generally limited. They may cover a portion of your medical expenses and partial lost wages, but they typically do not compensate workers for pain and suffering or full income loss. If you’re asking, “How do I get paid if I get injured at work?”, a personal injury lawsuit against a negligent non-subscriber employer may allow you to pursue compensation for:

Medical expenses
Future medical treatment
Full lost wages
Reduced future earning capacity
Physical pain and suffering
Mental anguish
Physical impairment
Disfigurement

Another major advantage is that Texas law limits certain defenses available to non-subscriber employers. For example, if your employer opted out of workers’ compensation coverage, they generally cannot argue that:

You assumed the risk of your job
A coworker caused the accident
You were partially negligent

Those restrictions can make it easier for injured workers to pursue compensation in some cases.

Potential drawbacks of filing a lawsuit against your employer

While lawsuits can lead to larger recoveries, they are not automatic payouts. Unlike workers’ compensation claims, personal injury lawsuits require injured employees to prove negligence. That means you and your attorney must show that the employer failed to maintain a reasonably safe workplace or otherwise acted carelessly.

Lawsuits can also take time. Depending on the complexity of the case, litigation may involve:

Investigations
Medical evaluations
Witness interviews
Negotiations
Depositions
Court proceedings

Some workers also worry about retaliation after filing a claim. While employers generally cannot legally retaliate against employees for asserting their rights, workplace dynamics can become complicated after a serious injury dispute.

The reality is that every workplace injury case is different. Speaking with an attorney can help you understand whether filing a lawsuit makes financial and practical sense in your situation.

How long do I have to sue for work-related injuries?

In most Texas workplace injury cases involving non-subscriber employers, the statute of limitations is two years from the date of the injury.

That may sound like plenty of time, but workplace injury cases can become harder to prove as evidence disappears and witnesses become harder to locate. Surveillance footage may be erased, accident reports may change, and medical documentation can become more difficult to organize. There may also be exceptions depending on the facts of the case. For example:

Injuries involving minors may have different deadlines
Occupational illnesses may involve delayed discovery issues
Claims against government entities may involve shorter notice requirements

The sooner you speak with an attorney, the better your chances of preserving critical evidence.

You should hire a Dallas–Fort Worth personal injury lawyer if…

Not every workplace injury requires legal action. But there are many situations where hiring an attorney becomes critically important.

You should strongly consider speaking with a Dallas–Fort Worth personal injury attorney if:

Your employer does not carry workers’ compensation insurance
Your injuries are serious or permanent
Your employer blames you for the accident
You were pressured not to report the injury
Your claim was denied
You are receiving inadequate medical treatment
You lost significant income because of the injury
Unsafe working conditions caused the accident
Heavy machinery, falls, or transportation accidents were involved

Non-subscriber workplace injury cases can quickly become complicated. Employers and insurance representatives often begin building defenses immediately after an accident occurs. Without legal guidance, injured workers may unknowingly damage their claims by signing documents, giving recorded statements, or accepting low settlement offers too early.

At Sellers Law Firm, we help injured workers level the playing field against negligent employers. Our team investigates workplace accidents, gathers evidence, negotiates with insurers, and fights for compensation that reflects the true cost of your injuries.

Injured at work? Don’t get left holding the bag. Call Sellers Law Firm.

A workplace injury can create financial stress, physical pain, and uncertainty about your future, but you do not have to navigate the process alone.

If you’ve been wondering, “Can I sue my employer for a work injury in Texas?”, Sellers Law Firm can help you understand your rights and pursue compensation for your losses. Whether your accident involved unsafe working conditions, inadequate training, defective equipment, or employer negligence, our team is ready to fight for you.

Ready to learn what options may be available to you after a serious workplace injury? Contact Sellers Law Firm today over the phone at (817) 928-4222, or online for a consultation.

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