Hilda Sibrian - Houston's Injury Attorney

Workers’ Compensation vs. Workplace Injury Claims in Texas: What You Need to Know

When you get hurt at work, it’s natural to assume that workers’ compensation will cover your medical bills and lost wages. But here’s something many Texans don’t realize: not every employer in Texas provides workers’ comp coverage.

Texas is the only state that does not require private employers to carry workers’ compensation insurance. That means your legal rights after a workplace injury depend heavily on whether your employer is a subscriber or a non-subscriber to the Texas workers’ compensation system.

Understanding this difference, and knowing when you can also file a third-party workplace injury claim, can make a major difference in how much compensation you ultimately receive.

Workers’ Compensation in Texas: How It Works

Workers’ compensation is an insurance program that pays benefits to employees injured while performing job duties.

If your employer is a subscriber, you may be entitled to:

The key thing about workers’ comp is that it’s a no-fault system. You can receive benefits even if the accident was partly your fault. In exchange, you usually give up the right to sue your employer for negligence.

However, workers’ comp benefits are limited, they typically don’t cover the full scope of damages like pain and suffering, or all lost wages. That’s where other legal options come into play.

What If Your Employer Does Not Have Workers’ Comp?

If your employer does not carry workers’ compensation insurance, they’re known as a non-subscriber.

In this case, you are not bound by the workers’ comp system, and you have the right to sue your employer directly for negligence.

This type of claim is known as a workplace injury claim against a non-subscriber employer, and it can often result in much higher compensation because:

  • You can recover the full amount of your lost wages, not just a percentage.

  • You can seek damages for pain, suffering, mental anguish, and long-term disability.

  • Your employer cannot use certain defenses that they would normally have in a lawsuit, such as claiming your own negligence caused the injury.

For many injured workers in Texas, this legal route provides the only real way to recover everything they’ve lost.

Still not sure if you have a claim? Give us a call and find out!

At The Law Offices of Hilda Sibrian, we understand that figuring out whether you have a valid claim can be confusing — every case is different, and the details matter. That’s why we offer free consultations so our team can review your situation and help explain your options clearly.

Don’t guess or wait. Call us today, and our team will tell you if you have a case and what to do next.

Third-Party Workplace Injury Claims: When Someone Else Is Responsible

Even if your employer does have workers’ comp coverage, you may still have another claim.

If a third party — someone other than your employer or a co-worker — caused or contributed to your injury, you can file a separate personal injury lawsuit against them.

Common examples include:

Delivery Drivers

They can fail to follow safety guidelines, standard procedures, and emergency protocols.

Equipment Vendors

If a machine or tool failed due to known issues or improper maintenance.

External Contractors

They can fail to follow safety guidelines or not follow standard operation procedures.

The Property Owners

If they don't maintain the land around the work site or fail to mitigate known dangers.
 

These third-party claims allow you to pursue additional compensation beyond workers’ comp, such as full lost wages, emotional distress, and long-term care expenses.

Can You File Both a Workers’ Comp Claim and a Third-Party Injury Claim?

Yes. In many cases, you can pursue both.

For example:

  • You’re a refinery worker injured because of a defective valve made by another company.
    • Workers’ comp covers your immediate medical care and a portion of lost wages for the onsite injury.
    • You could also file a third-party injury claim against the valve manufacturer to recover additional damages.

This combination often leads to the best possible financial recovery for injured workers.

How The Law Offices of Hilda Sibrian Can Help

Determining whether your employer has workers’ comp coverage, and whether another party might also be liable,  can get complicated quickly.

The team at The Law Offices of Hilda Sibrian has years of experience investigating workplace accidents and maximizing compensation for injured Texans.

We handle all types of serious workplace injury cases, including:

  • Industrial and refinery accidents
  • Construction and scaffolding falls
  • Oil and gas field injuries
  • Warehouse and equipment-related injuries
  • Catastrophic burn, crush, or explosion injuries

Our attorneys can determine whether your employer is a subscriber or non-subscriber, identify all liable third parties, and pursue every available legal avenue to get you the compensation you deserve.

You don’t pay anything unless we win.

Pay Nothing Out of Pocket: No Retainer, No Risk

Our legal team operates on a contingency fee basis, meaning: you don’t pay us to start your case and if we don’t win, you don’t pay any legal fees. Our fee would be a percentage of the compensation obtained for you and your family in the settlement. So you don’t have to pay us out of your pocket, and there are no upfront payments, either!