No Worker’s Compensation
Texas employers are not required to carry
worker’s comp insurance
Workers’ compensation insurance protects workers by ensuring they are reimbursed for medical costs and lost income resulting from work-related injuries and illnesses.
Employers benefit as well – carrying workers’ comp insurance releases them from liability for claims while also providing certain legal protections, including immunity from most injury lawsuits, according to the Texas Department of Insurance (TDI)
However, Texas is the only state that fails to require that all private employers provide workers’ compensation insurance. In some cases, worker’s comp doesn’t apply because actions by a third-party worker, such as a sub-contractor, caused the incident resulting in injuries.
If you are injured and don’t have workers’ compensation insurance, a lawsuit might be the most effective way to address the costs associated with your injury.
Employers who choose not to have workers’ compensation insurance must:
- File an annual notice with TDI
- Display notices of non-coverage in the personnel office and throughout the workplace
- Give a written statement of non-coverage to each new employee.
Employers who choose not to provide workers’ compensation are subject to punitive damages if sued and lose certain common-law defenses, such as arguing that:
- The injured worker’s negligence caused the injury
- The negligence of fellow employees caused the injury
- The injured worker knew about the danger and voluntarily accepted it
If you have been injured on the job and your employer does not participate in in workers compensation insurance, you do have options. An attorney who is familiar with Texas’ injury laws can help you get your life back.