The two paths after a work injury
If your employer carries workers' compensation, benefits for medical care and part of your lost wages generally come through that system, and you usually cannot sue your employer for negligence. If your employer is what Texas calls a non-subscriber, you may be able to file a personal injury lawsuit against your employer directly.
Why non-subscribers are in a tougher spot
Texas law takes away several defenses a non-subscriber could otherwise use. In a negligence case against a non-subscribing employer, the employer generally can't argue that you were partly at fault, that you knew the job was dangerous and did it anyway, or that a coworker's carelessness caused your injury.
How to find out which one yours is
- Ask your employer in writing, and keep a copy of what you send
- Check any posted notice at the job site, since employers are required to tell employees about their coverage status
- Look at your hire paperwork for an injury benefit plan, which often signals a non-subscriber
- Contact the Texas Department of Insurance, Division of Workers' Compensation
- Ask a lawyer to check for you during a free case review
Watch for company injury plans
Many non-subscribers offer their own injury benefit plan. These can provide fast medical care, which is genuinely useful, but the paperwork may include arbitration agreements, tight reporting deadlines or releases that give up your right to sue. Read anything you're handed after an injury, and talk with a lawyer before signing.
Other companies may be responsible too
Even when your employer does carry workers' comp, you may have a separate claim against someone else: a general contractor who controlled site safety, a subcontractor whose crew created the hazard, the maker of a defective machine, or a driver who hit you while you were working.
What to do in the first week
- Report the injury to your employer in writing and keep a copy
- Get medical care and tell the provider it happened at work
- Write down who saw it, what equipment was involved and which companies were on site
- Photograph the area and the equipment if you safely can
- Don't sign releases or recorded statements until you've talked with a lawyer
What benefits look like under workers' comp
When an employer carries coverage, the system generally pays for reasonable medical care related to the injury and a portion of lost wages once you've missed enough time from work. What it does not pay is compensation for pain, mental anguish or the full value of what the injury took from you. That gap is part of why third-party claims against other companies matter so much.
Injuries that build up over time
Not every work injury happens in one moment. Back and shoulder injuries from repeated lifting, hearing loss, and conditions from chemical or dust exposure can develop over months or years. These claims are harder to document, which makes early reporting and consistent medical records especially important.
If you're hurt working for a staffing agency
Temp and staffing arrangements add a question: who was responsible for your safety, the agency that employs you or the company where you actually worked? Both may carry different coverage, and both may share responsibility for training, equipment and supervision. Keep any paperwork from both companies.
Can you be fired for reporting?
Texas law protects employees from being fired for filing a workers' compensation claim in good faith. If you're worried about retaliation, that's worth raising with a lawyer early, and it's a reason to put your report in writing.
Frequently Asked Questions
What if my employer says not to report the injury?
Report it anyway, in writing. Texas law protects workers who file a workers' compensation claim in good faith, and an unreported injury is much harder to prove later.
Do I have rights if I'm paid in cash?
How you're paid doesn't automatically decide your rights. What matters is the real working relationship and who controlled the work. It's worth a confidential conversation with a lawyer.
Can I see my own doctor?
Under workers' compensation there are rules about treating doctors. Outside that system, your choice is generally wider. Ask before you schedule, so bills are handled correctly.
This article is general information about Texas law, not legal advice about your situation. For advice about your case, talk with an attorney.