Texas is the only state that does not require private employers to carry workers compensation insurance. This creates a unique legal landscape that significantly affects your options after a workplace injury.
Statute of Limitations
Texas statute of limitations for workplace injury claims: 2 years from the date of injury for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003). Workers compensation claims must be reported within 30 days of injury and filed within 1 year.
In Texas, private employers can opt out of the workers compensation system and become 'non-subscribers.' If your employer is a non-subscriber and you are injured, you can sue them directly in civil court for full damages including pain and suffering — which workers compensation does not cover. However non-subscriber employers also lose certain legal defenses. Check whether your employer has a workers compensation policy before assuming your only option is workers comp.
Texas-Specific Tip
The oil and gas industry accounts for a significant portion of Texas workplace injuries. If you were injured on an oil field, pipeline, refinery, or petrochemical site, there are frequently multiple potentially liable parties — the site operator, your direct employer, contractors, equipment manufacturers, and others. Do not assume workers comp is your only remedy.
📊 Approximately 40% of Texas private employers opt out of the workers compensation system, making Texas workplace injury law significantly more complex than other states.
Report the injury to your supervisor immediately — in writing if possible
Ask immediately whether your employer subscribes to Texas workers compensation
If your employer is a non-subscriber, you have the right to sue them directly in civil court
Seek medical attention immediately
If workers comp applies, file a DWC-041 claim form with the Texas Department of Insurance Division of Workers' Compensation within 1 year
Document all expenses, lost wages, and out-of-pocket costs
Contact a Texas workplace injury attorney — the non-subscriber system creates legal options most workers don't know they have
Non-subscriber employers in Texas can be sued directly in civil court for full damages including pain and suffering — damages that workers compensation does not cover. Non-subscriber employers also cannot use the defenses of contributory negligence, assumed risk, or co-employee negligence. This often results in significantly higher recoveries for injured workers.
You must report the injury to your employer within 30 days and file a workers compensation claim with the Texas DWC within 1 year of the injury. For personal injury lawsuits against non-subscriber employers, the statute of limitations is 2 years.
If your employer is a Texas workers compensation non-subscriber, yes — you can sue them directly in civil court for full damages. If your employer carries workers compensation, the workers comp system is your exclusive remedy against your employer, though you may still have third-party claims against other parties who contributed to your injury.
Even if your employer carries workers compensation, you can still sue any third party whose negligence contributed to your injury — a contractor, equipment manufacturer, property owner, or delivery driver. These third-party claims can be pursued simultaneously with a workers compensation claim and frequently result in additional significant compensation.
No upfront cost. Contingency fees — you only pay if you win.
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