Texas is the only state where private employers can legally opt out of workers' compensation. New Mexico has its own complicated workers' comp system. Both states create unique opportunities — and pitfalls — for injured workers. Here's what you need to know about how to maximize your recovery after a workplace accident.
Texas "nonsubscriber" cases
Unlike every other state in the country, Texas allows employers to opt out of the workers' compensation system. Employers who opt out are called "nonsubscribers." If your Texas employer is a nonsubscriber, you typically can sue them directly in court — and your recovery isn't capped by workers' comp limits.
Nonsubscriber cases are powerful because:
- You can recover pain and suffering damages (workers' comp doesn't pay these)
- You can recover for emotional distress and mental anguish
- Your employer can't use common defenses like contributory negligence the same way
- Damages aren't artificially capped
Many Texas employers are nonsubscribers and don't advertise it. If you're hurt on the job in Texas, the first question we ask is: does your employer carry workers' comp? If not, you may have a much bigger case than you realize.
Third-party liability claims
Even if your employer has workers' compensation coverage, you may still have a separate personal injury claim against a third party whose negligence contributed to your injury. Common third-party defendants include:
- Subcontractors and other companies on the same job site whose negligence caused or contributed to your injury
- Equipment and tool manufacturers when defective equipment caused the injury
- Property owners when unsafe premises contributed
- Vehicle manufacturers in work-related crashes
- Negligent drivers in work-related vehicle accidents
- Chemical and material suppliers for exposure-related injuries
Third-party claims are filed alongside workers' comp claims. The workers' comp insurer typically has a lien against any third-party recovery — but a good attorney negotiates that lien down significantly.
Industries we see most often
Oil & Gas Field Workers
Permian Basin (West Texas and Southeast New Mexico) workers face some of the most dangerous working conditions in the country. Equipment failures, falls from drilling rigs, explosions, chemical exposure, and vehicle accidents on lease roads. These cases often involve major energy company defendants and substantial recoveries.
Construction Workers
Falls, electrocutions, equipment accidents, falling objects, and crush injuries. Construction sites often have multiple contractors — meaning multiple potential defendants. OSHA violations can establish negligence per se.
Warehouse and Logistics
Forklift accidents, falling inventory, and repetitive motion injuries. With Amazon and other major employers expanding in Texas, these cases are rising rapidly.
Transportation and Delivery
Commercial driving accidents, loading dock injuries, and vehicle defects. Both workers' comp and third-party motor vehicle claims often apply.
What to do after a workplace injury
- Report the injury to your supervisor immediately and in writing.
- Get medical attention from a qualified provider — not just the company doctor if you can avoid it.
- Document everything — photos of the scene, the equipment, your injuries, any safety violations.
- Get witness contact information from co-workers who saw the incident.
- File a workers' comp claim if your employer has coverage.
- Don't sign anything from the employer's insurance company until you talk to a lawyer.
- Save all records — paystubs, medical bills, doctor's notes, work restriction orders.
- Call an attorney to evaluate third-party claims and check whether your employer is a nonsubscriber.
"Workers' comp is the floor — not the ceiling. There may be a much bigger recovery waiting for you."
If you've been hurt, don't wait. Call us now or fill out our free case review form. We listen, evaluate honestly, and tell you what we think — no obligation, no pressure.