Some employers do opt out of workers compensation insurance and they are referred to as non-subscribers. If you have been injured on-the-job and negligence can be shown against the employer, Texas law allows a direct lawsuit for mental anguish, lost wages, pain and suffering, and all other elements of damages you would be entitled to recover in a regular lawsuit. Additionally, as “punishment” for not having workers compensation insurance, your employer is denied the right to assert the common law defense of comparative responsibility. This modification of the law can greatly improve your chance of success at trial.