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Does Your Texas Employer Carry Workers' Comp?
After a job injury in Texas, this is the first question that matters, and the answer changes everything about your case.
If your employer carries workers' compensation, you file a comp claim and usually cannot sue.
If your employer is a non-subscriber, meaning it opted out of comp, you can sue it for negligence with no damage cap.
You do not have to guess. Texas gives you several ways to confirm your employer's coverage, and most of them take minutes.
Call (888) 713-6653 for a free, confidential review of your Texas work injury. You Win or It's Free.
- Texas non-subscribers must notify employees in writing that they carry no comp
- Non-subscribers must also file an annual notice with the state
- You can verify coverage through the Texas Department of Insurance
- A company doctor and an injury benefit plan are common signs of a non-subscriber
Why It Matters Which Kind of Employer You Have
The label decides your whole path. A subscriber sends you into workers' compensation, where benefits are no-fault but capped, and you generally cannot sue. A non-subscriber leaves you free to bring a negligence lawsuit, where the recovery is not capped and the employer loses key defenses.
That is why confirming coverage is step one. The same injury can be worth very different amounts depending on which box your employer checked, so it is worth getting a definite answer rather than taking the company's word for it.
How to Check If Your Employer Has Workers' Comp
Work through these in order. Any one of them can give you the answer.
- Read your hire paperwork. Texas non-subscribers must give each employee written notice that the company does not carry workers' compensation under Labor Code Section 406.005.[1] Look for that notice, or for an "occupational injury benefit plan" in place of a comp policy.
- Look for the posted notice. Employers are required to post their coverage status in the workplace. A posting that says the company does not carry comp is a direct answer.
- Check your pay stub and benefits portal. A comp policy and a private injury plan look different on paper. A company-run plan with its own rules points toward non-subscription.
- Verify with the state. Non-subscribers must file an annual notice with the Texas Department of Insurance Division of Workers' Compensation under Section 406.004, and you can confirm an employer's coverage through the agency.[2]
- Ask, in writing. You can simply ask your employer whether it carries workers' compensation, and a written request creates a record of the answer.
Signs You Work for a Non-Subscriber
Even before you confirm it formally, a few signs strongly suggest your employer opted out:
- You were told to see a specific company doctor after the injury
- Your benefits come from an "injury benefit plan" rather than a comp claim
- You signed an arbitration agreement when you were hired
- The paperwork references ERISA
- You were asked to sign a release in exchange for benefits
None of these is proof on its own, but together they usually mean you are looking at a non-subscriber, and a negligence claim may be on the table.
What to Do If Your Employer Has No Comp
If you confirm your employer is a non-subscriber, you may have a direct negligence claim worth far more than comp would pay. Preserve what you can: the incident, photos, witness names, your medical records, and any plan documents you were given.
Do not sign a release or give a recorded statement to the company's plan before a lawyer reviews it. Our guides to Texas non-subscriber work injury claims and suing your employer walk through what comes next.