A machine takes your finger. A fall from a roof breaks your back. A forklift crushes your leg in a warehouse. Your boss tells you to file an incident report, hands you a form, and says the company will “take care of it.” They will not take care of it. They will take care of themselves.
I am Rolando Quesada, a personal injury attorney at Guardia Law in Dallas. I represent injured workers across Dallas-Fort Worth, and I have seen what happens when workers trust their employer to do the right thing after an injury. It rarely ends well for the worker. Call (214) 380-4000 for a free consultation. Hablamos Español. We do not charge unless we win.
Texas Is the Only State Where Employers Can Skip Workers’ Comp
Here is the fact that changes everything: Texas is the only state in the country where private employers can legally choose not to carry workers’ compensation insurance. These employers are called “nonsubscribers.” They opted out of the system that is supposed to protect you.
Roughly 25% of private employers in Texas are nonsubscribers. That translates to approximately 1.4 million workers in this state who have no guaranteed workers’ comp coverage. And 70% of those nonsubscribers offer no alternative benefit plan whatsoever. If you get hurt on the job, you get nothing from the company’s insurance, because there is no insurance.
But here is what your employer does not want you to know: when a company opts out of workers’ comp, it loses the legal protections that come with the system. Under Texas Labor Code Section 406.033, a nonsubscriber employer cannot raise three defenses that would normally be available:
- Contributory negligence. They cannot argue that you were partly at fault.
- Assumption of risk. They cannot claim you knew the job was dangerous and accepted the risk.
- Fellow servant doctrine. They cannot blame a coworker for your injury.
In practical terms, if your employer has no workers’ comp and you were injured because of unsafe conditions, defective equipment, or lack of training, their legal position is extremely weak. You can sue them directly in civil court for full damages, including pain and suffering, which workers’ comp never covers.
Workers’ Comp vs. a Nonsubscriber Lawsuit: The Numbers
If your employer does carry workers’ comp, the system caps your benefits. Maximum weekly payment: $1,271. Maximum duration for most injuries: 104 weeks. Total pain and suffering compensation: zero. The system was designed to limit what employers pay, not to make injured workers whole.
Compare that to a nonsubscriber lawsuit. There are no caps on damages. You can recover the full cost of your medical treatment, all lost wages (past and future), and compensation for your pain, suffering, and diminished quality of life. The difference is not incremental. It is the difference between scraping by and actually recovering from what happened to you.
Can I still file a claim if my employer has workers’ comp?
Yes. Workers’ comp covers injuries from your employer, but if a third party contributed to your injury, you have a separate claim against them. Third parties include general contractors, property owners, equipment manufacturers, and subcontractors. These claims are common on construction sites where multiple companies work side by side.
The Industries Where This Hits Hardest
The nonsubscriber problem does not affect every worker equally. It concentrates in industries built on manual labor, where the injuries are the most severe and the workers have the least bargaining power.
Construction. Hispanic workers make up 63% of the Texas construction workforce. The occupational fatality rate for Hispanic workers in Texas is 4.3 per 100,000, which is 30% higher than the general average. Dallas-Fort Worth led the nation with approximately 72,000 residential building permits in 2024. More construction means more workers on scaffolding, on rooftops, and around heavy machinery, often without adequate safety measures.
Restaurants and commercial kitchens. Burns, slip-and-fall injuries on wet floors, lacerations from kitchen equipment. Many restaurant operators are nonsubscribers.
Warehouses and distribution centers. Back injuries from repetitive heavy lifting, forklift accidents, crush injuries. The explosion of e-commerce has filled DFW with massive warehouse operations, and the injury rates reflect it.
Landscaping. Cuts from power equipment, heat stroke, vehicle accidents. Many landscaping companies operate without workers’ comp.
Manufacturing and meatpacking. Amputations from unguarded machinery, chemical exposure, repetitive stress injuries.
If you work in any of these industries, there is a real chance your employer is a nonsubscriber. That is information worth knowing before you get hurt.
Real Result: $675,000 for a Finger Amputation
A factory worker lost a finger to a machine that lacked proper safety guards. His employer carried no workers’ compensation insurance. We recovered $675,000 for him before the case ever reached a courtroom.
That result was possible specifically because the employer was a nonsubscriber. Without workers’ comp, the employer could not hide behind the system’s damage caps. It had to answer directly for the unsafe conditions in its facility.
Past results do not guarantee future outcomes. Every case is different.
Your Rights as an Injured Worker in Texas
Regardless of your immigration status, regardless of whether you are paid in cash, regardless of whether you signed a formal employment contract, if you were injured on the job in Texas, you have these rights:
The right to medical treatment. Your employer cannot prevent you from seeing a doctor. If they tell you to “walk it off” or “wait until the end of your shift,” ignore that. Your health is the priority.
The right to be free from retaliation. It is illegal for your employer to fire you, cut your hours, or threaten you for reporting a workplace injury. If they do, that becomes an additional legal claim.
The right to an attorney. You have the right to consult with an attorney before signing any document your employer gives you after an injury. Many post-accident forms contain language designed to protect the employer, not you.
The right to sue. If your employer is a nonsubscriber, you can sue directly. If your employer has workers’ comp, you may still have a claim against a third party whose negligence caused or contributed to your injury.
Do these rights apply if I am undocumented?
Yes. Texas courts have confirmed this multiple times. Your employer cannot use your immigration status to deny you compensation, and your attorney is legally required to keep all of your information confidential. Read our full guide.
What to Do After a Workplace Injury
Report the injury to your employer in writing. Do it that day. Keep a copy of whatever you submit. Verbal reports disappear.
Get medical attention immediately. Go to the emergency room or an urgent care clinic. Tell the doctor exactly what happened, including the specific mechanism of injury. Medical records created on the day of the accident are the strongest evidence in your case.
Do not sign anything from your employer without legal review. Incident report forms, benefit election forms, and settlement releases often contain waivers that limit your rights. Read nothing, sign nothing, until an attorney has reviewed it.
Photograph the scene. The equipment that caused your injury, the conditions of the work area, the lack of safety signage or protective gear. If your employer fixes the hazard after you get hurt, those photos become critical evidence.
Call an attorney. After an accident, you are alone against a system designed to pay you as little as possible. Your employer has insurance adjusters, corporate lawyers, and billion-dollar systems, technology, and resources working to minimize your claim. You do not have to be alone. An attorney is your protector in this process.
Frequently Asked Questions
How do I find out if my employer has workers’ comp?
You can search the Texas Department of Insurance, Division of Workers’ Compensation (DWC) database online. You can also call us. We investigate your employer’s insurance status as part of the free consultation.
How long do I have to file a workplace injury lawsuit?
If your employer is a nonsubscriber, the statute of limitations is two years from the date of injury. If your employer has workers’ comp, there are separate deadlines for reporting and filing claims. Do not wait.
What if my employer says the injury was my fault?
If your employer is a nonsubscriber, that defense is legally unavailable to them under Texas Labor Code Section 406.033. They gave up the right to blame you when they opted out of workers’ comp.
Can I file a claim even if I am paid in cash?
Yes. How you are paid has no effect on your legal rights. What matters is that you were injured while working and your employer’s negligence caused or contributed to the conditions that led to your injury.
Call Now. Free Consultation.
Your employer will protect its interests. That is what companies do. You need someone whose only job is to protect yours.
Call (214) 380-4000. Free consultation. Hablamos Español. We do not charge unless we win your case.
About the Attorney
Rolando Quesada, Managing Attorney, Guardia Law, PLLC Super Lawyers Texas Rising Star (2026) · Texas Bar No. 24083694 · 14-year trial attorney JD, SMU Dedman School of Law (2012). President, Hispanic Law Students Association · Board of Editors, SMU Science & Technology Law Review · Joseph W. McKnight Scholarship Recipient BA Economics, The University of Texas at Dallas (2009) First-chair jury trials to verdict. Bilingual native Spanish. Recognized by TopVerdict.com for multiple Top Texas Settlements (2020–2024).
Guardia Law, PLLC 6301 Gaston Ave, Ste. 1516 Dallas, TX 75214 (214) 380-4000 legal@guardialaw.com
The information on this page is not legal advice. Every case is different. Past results do not guarantee future outcomes. Contact our office for a free evaluation of your case.
