Workplace injuries hit hard and fast—turn a regular shift into chaos. Bills mount up quick, no paycheck lands, and you’re left wondering what rights you even have.
Texas folks hurt on the job always ask me: can I sue the boss for this workplace injury in Texas?
It’s not a simple yes or no. Texas does things differently from everywhere else. Whether you can go after your employer depends on their workers’ comp setup and how things went down.
Let me break down when you can sue, when you can’t, and what other doors might open after a bad one.
Texas Work-related Injury: How Texas Workplace Injury Law Is Different
Texas stands alone—no rule saying private bosses must buy workers’ comp insurance. Ones that do? Subscribers. Ones that skip it? Non-subscribers.
That choice changes everything: if you can sue, what money you get, what you need to prove. First thing to check—subscriber or not? Rights hinge right there. Warehouse worker I talked to didn’t know—non-sub status flipped his whole case.
What Is Workers’ Compensation in Texas?
Comp’s a no-fault deal—pays you no matter who’s to blame. Trade-off? Can’t sue boss for messing up.
Usually covers doctor visits for the job injury, some wage makeup, disability checks, death pay for family. Leaves out pain though, and caps keep it smaller than a lawsuit might bring.
When You CANNOT Sue Your Employer in Texas
If your employer subscribes to workers’ compensation, you generally cannot sue them for negligence, even if:
- The injury was caused by unsafe conditions
- Your employer failed to provide proper training
- A supervisor made a mistake
In these cases, workers’ compensation is usually your exclusive remedy.
Exceptions: When You MAY Sue a Workers’ Comp Employer
- Subscribers have cracks, but narrow ones.
- Gross Negligence Causing Death—family can sue if the boss showed total reckless disregard for safety after someone dies.
- Intentional Acts—the boss means to hurt you, protection gone.
- Don’t see these much—takes heavy proof.
When You CAN Sue Your Employer In Texas Work-related Injury
In Texas, things work a bit differently when it comes to workplace injuries. If your employer doesn’t carry workers’ comp—these are called non-subscribers—you don’t have to settle for just what the system offers. You can take them to court yourself.
That’s a pretty big deal, honestly. Most other states don’t let you do this.
What Is A Non-Subscriber Employer?
So, what’s a non-subscriber employer? It’s just a company that’s decided not to buy workers’ compensation insurance. Texas lets them do this, but here’s the catch: they’re open to big lawsuits if someone gets hurt on the job.
To keep things fair, Texas law also strips away some of the legal shields these employers usually have. That means if you get hurt working for a non-subscriber, you have more ways to hold them accountable.
Advantages For Injured Workers in Non-Subscriber Lawsuits
Suing non-subs favors you. They can’t claim you share blame, point at coworker’s error, or say you knew the risks. Makes them way more likely to lose big.
What You Must Prove in a Texas Workplace Injury Lawsuit
If you want to win a lawsuit against a non-subscriber employer, you need to show three things: they acted negligently, that negligence led to your injury, and you suffered damages because of it.
Negligence can look like a few different things. Maybe the workplace was unsafe, or the company didn’t give you the right safety equipment.
Sometimes it’s just not enough training, lousy supervision, or even breaking safety rules. Any of these can count as negligence.
What Compensation Is Available in a Lawsuit?
Lawsuit gets full range—past and future medicals, all lost wages plus future earning hit, pain, suffering, mental strain, physical limits, disfigurement. Beats comp hands down for serious stuff.
Can You Sue a Third Party for a Workplace Injury?
Can’t touch the boss? Third parties often become fair game if their mess helped cause it. Think faulty tools, sloppy subcontractors, property folks, and drivers in work crashes. Construction and factory work see these lots.
Independent Contractors And Texas Work-related Injury
The boss labels you a contractor but treats you like staff? Common mix-up. Might still let you sue, chase comp, hit thirds. Needs digging to sort status.
What If Your Injury Was Partially Your Fault?
Comp ignores fault. Non-sub cases let fault play but limit boss defenses. Your mistake? Can still win if they were negligent too.
What About OSHA Violations In Texas Work-Related Injury?
OSHA, or the Occupational Safety and Health Administration, is part of the U.S. Department of Labor.
It’s been around since 1971, right after the Occupational Safety and Health Act was passed in 1970. The whole point of OSHA is to keep workplaces safe and healthy for everyone.
When someone gets hurt at work, safety violations matter a lot in court. If OSHA cites an employer, that can show things like unsafe conditions, that the boss knew about the dangers, or that they didn’t bother to fix known problems.
But just having an OSHA violation doesn’t mean you’ll automatically win your case. It helps, but it’s not a guarantee.
Deadlines to File a Workplace Injury Lawsuit in Texas
Two years typical for suits—miss it, done. Comp and third-party deadlines are shorter—don’t wait.
Why Workplace Injury Cases Are Often Contested
Bosses and insurance dig in hard. Dispute how it happened, call it not work-related, downplay damage, blame you. Takes solid proof and a plan to push back.
What Should You Do After a Workplace Injury in Texas?
- Report right away.
- Get medical help.
- Document everything—accidents, injuries.
- Grab evidence, witnesses.
- Check if the boss has comp.
- Watch what you say to insurance.
Those first moves set up your whole shot later.
Make The Right Choice In Texas Work-Related Injury
So sue your Texas employer? Depends on their workers’ comp call. Subscriber means mostly comp benefits. Non-subscriber? Lawsuit possible, full damages chase.
Texas law’s tricky—non-sub rules, third-party plays, comp exceptions. Smart to talk attorney who gets it. The right knowledge shifts money and recovery big time.
Guajardo Injury Law handles these Texas work cases—non-sub fights, third parties, all of it. They dig into accidents, find every money path, and make bad employers pay. Personal touch, tough approach—you recover, they get your due.
