Texas does not require workers’ compensation coverage

| Jan 8, 2021 | Non-subscriber insurance |

Workplace injuries can happen in multiple ways. Falls are common, as well as injuries caused by equipment which can cause significant harm to the worker. Workers who inhale toxic chemicals or are exposed to loud noises may also suffer injuries.

They may even occur in more commonplace ways, like a muscle strain from repetitive motion, a cut or scrape or slipping on an icy sidewalk.


Although many states require employers to have workers’ compensation coverage to protect employees who are injured on the job, Texas does not. Employers in Texas who do not provide it are called non-subscribers.

Non-subscribers are required to report their decision not to obtain workers’ compensation coverage to the Texas Division of Workers’ Compensation each year. They are also required to report work-related deaths, occupational disease and injuries.

Employers who choose not to provide workers’ compensation coverage may be responsible for compensating injured workers who can prove the employer’s negligence. This may include punitive damages, damages for pain and suffering and payment of attorneys’ fees.

Depending on the circumstances, an injured employee may be entitled to significant compensation.

Alternate coverage

Because some employers want to find a less costly option to workers’ compensation insurance, they may purchase accident, health insurance or disability coverage instead.

While these coverages provide some options, like medical benefits, Texas law does not recognize them as a substitute for workers’ compensation insurance.

It’s important that workers are protected. An experienced attorney can provide advice to injured workers about pursuing a claim and ensure that they receive the compensation they are entitled to under the law.