Is it a problem if my employer does not offer workers’ compensation?

No, it is not usually a problem if your employer does not offer workers’ compensation, as there are some Texas employers who opt out of subscribing to it. These employers are referred to as non-subscribers.

If you have been injured on the job and negligence can be shown against the employer and on behalf of the non-subscriber employee, the law in Texas permits filing a direct lawsuit where damages can be recovered. If your employer does not carry workers compensation insurance then they are also barred from asserting many typical defenses, making your claim a bit easier. However, you will also be faced with a question of whether your employer can pay any judgment you might obtain.

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