What Happens When an Employer Does Not Have Workers’ Comp in Texas?

The state of Texas is unusual in that it does not require employers to carry workers’ compensation insurance like all other states. Therefore, it is important to understand what happens when an employer does not have workers’ comp. While anyone can be injured on the job, depending on your particular job, a lack of WC insurance could be even more significant. Statistics from the Insurance Information Institute show that the top ten jobs that are most likely to result in at-work injuries include: 

• Nursing Assistants
• Registered nurses
• Laborers
• Truck drivers
• Stockers
• LP and LV Nurses
• Retail salespersons
• Personal care aides
• Production workers
• General maintenance and repair workers

If you are injured while at work, you do have options. Speaking to an experienced workplace injury attorney from Noteboom—The Law Firm can make a significant difference in whether you will receive compensation for your at-work injuries and time away from work. The highly experienced Noteboom attorneys are never afraid to litigate, regularly taking cases to trials. This confidence comes from our track record of success, as well as the fact that we have the necessary resources to go the distance on workers’ comp cases. We have a stellar reputation throughout the state of Texas, always taking a team-based approach to resolving every case.

What Are the Workers’ Compensation Laws in Texas?

Since Texas does not require most private employers to carry workers’ comp coverage, those who do not (known as non-subscribers) may lose important legal protections. These lost legal protections can include immunity from lawsuits brought by injured employees as well as being forced to pay high damages if an injury was caused by employer negligence. There are certain exclusions in Texas—i.e., the following employers must carry workers’ compensation: 

• Public employers (city, county, state agencies, and state universities)
• Inmate work furlough program companies 
• Combustible gas dealers (compressed natural gas, liquid propane)
• Motor carriers and motorbus companies
• Public employer building and construction contractors

Any Texas employer that chooses not to carry workers’ compensation insurance—as well as those who do—must still comply with reporting and notification requirements under the Texas Workers’ Compensation Act. Non-subscribers must report their decision to forego workers’ compensation insurance each year to the DWC.  

How Do I Know if My Texas Employer Has Workers’ Compensation?

If your Hurst, TX employer does not have workers’ compensation coverage, they must post a written notice at the workplace stating this fact. The notice must be placed in the personnel office, and in another prominent place where all employees are likely to see it.  Employers without workers’ compensation insurance must also provide written notice of non-coverage to all new employees upon hire. If you want to verify coverage for a Texas employer, go to  https://appscenter.tdi.texas.gov/TXCOMPWeb/common/home.jsp, select “locate covered employer” from the main menu, select “covered employer” or “self-insured government employer.” Enter the employer’s name and select the employer from the search results to view coverage information. 

What Do I Do If I’m Injured on the Job in Texas and My Employer Does Not Have Workers’ Comp?

If you are injured at work and your employer does not carry workers’ compensation, then (under certain circumstances) you can pursue compensation directly from your employer. You must be able to prove your employer was at least 1 percent at fault for your injuries to collect 100 percent compensation for your injuries. 

That compensation could include medical expenses related to your injuries (past, current, and future), lost wages, pain and suffering, and mental anguish.  Your workers’ compensation attorney will determine whether your employer failed to provide adequate safety warnings, failed to provide proper equipment, or otherwise failed to provide a safe work environment. 

What Are My Rights in Hurst, TX When I Am Injured on the Job?

Whether your Hurst employer has workers’ compensation insurance or not, you do have certain rights. If your employer carries workers’ compensation, then you will notify your employer, supervisor, or HR of your work injury. When you file under workers’ compensation, you are entitled to benefits regardless of fault. You have the right to seek emergency medical care following your on-the-job injury.

You have this right regardless of whether your employer carries workers’ compensation insurance. You have the right to have an attorney represent you to ensure all your rights are properly protected. Your employer is not allowed to fire you for filing a workers’ compensation claim or for a disability. That being said, Texas is an “at-will” state which essentially means an employee can be fired for any reason or no reason at all. 

How a Noteboom—The Law Firm Attorney Can Help if My Employer Does Not Have Workers’ Compensation

Being injured while at work can cause not only physical injuries that require medical attention, but your injuries can also lead to serious financial difficulties. What you do immediately following your work-related injury will depend on whether your employer carries workers’ compensation or not, and we can help if your employer does not have workers’ comp. 

The single most important thing you can do following your work-related injury is to contact an experienced workplace injury attorney from Noteboom—The Law Firm. We will fight for your rights and for your future at every turn. We have a strong belief in our abilities—this is why we tell potential clients, “If you can find a better law firm, hire them.” Contact Noteboom—The Law Firm today.