Workplace Injury Attorney | Bennett Legal

If you were injured on the job and your employer doesn't carry workers' compensation insurance (a "nonsubscriber" in Texas), you may be able to pursue a direct negligence claim against your employer rather than going through the workers' comp system. Common situations include unsafe equipment, inadequate training, unsafe work conditions, or an employer ignoring known hazards. A free case review can tell you whether your employer is a nonsubscriber and what options you have.

Workers' compensation is a no-fault system that pays set benefits regardless of who caused the injury, but it also limits how much you can recover and generally bars lawsuits against your employer. Because Texas nonsubscriber employers opt out of workers' comp, injured employees can often sue directly for negligence — and recover full damages, including pain and suffering, without the caps workers' comp imposes. Nonsubscriber employers also lose several legal defenses they'd otherwise have under Texas Labor Code Section 406.033, making these cases more favorable to injured workers.

Many Texas nonsubscriber employers require employees to sign arbitration agreements as a condition of employment, and courts generally enforce them. These agreements can also shorten your deadline to bring a claim — sometimes to as little as one year instead of the standard two — so it's important to have your agreement reviewed quickly. Bennett Legal represents injured workers throughout the arbitration process and fights to make sure the process is fair.

For a nonsubscriber negligence claim, Texas generally applies the standard two-year statute of limitations for personal injury under Texas Civil Practice and Remedies Code Section 16.003. But if you signed an arbitration agreement, that contract can shorten the deadline — sometimes to just one year — so it's critical to get your claim reviewed as soon as possible after the injury.

Because nonsubscriber employers don't get the protections of the workers' compensation system, injured employees can pursue full damages — medical expenses, lost wages and future earning capacity, pain and suffering, and in some cases punitive damages if the employer's conduct was especially reckless.

Report the injury to your employer in writing, seek medical attention right away, and document everything — photos of the hazard, witness names, and your symptoms. Be cautious about giving recorded statements to your employer's insurer before speaking with an attorney, since nonsubscriber cases often move quickly toward arbitration.