Construction workers in Texas often take on tough jobs that keep communities growing. When an injury happens and the employer isn’t part of the state workers’ compensation system, the situation feels confusing and unfair. You may wonder what rights you have or how to move forward. You may even be asking yourself when you can sue your construction company in Texas if they’re a non-subscriber employer?
Many people in this situation also feel pressure at home because lost income and medical needs strain the entire family. You want the at-fault company held responsible and you want to pursue compensation that helps your household stay steady.
Skilled legal representation guides that process and protects your rights. A Texas construction accident lawyer near you can explain your options during a free consultation.
Key Takeaways: Suing Non-Subscriber Construction Companies in TX
- Texas allows employers to opt out of workers’ compensation, which changes your rights after a jobsite injury.
- Non-subscriber employers lose several defenses that other employers normally use.
- Injured workers may file personal injury lawsuits against non-subscriber employers.
- Damages may include medical costs, lost income, and losses related to pain or long-term impact.
- Acting quickly helps protect your claim because deadlines apply in Texas
What Is a Non-Subscriber Employer in Texas?
Texas uses a different system than most states. Employers may choose whether to join the workers’ compensation program. When a company chooses not to join, it becomes a non-subscriber employer. After an injury, this status changes what the worker may do to hold the company responsible.
Texas Opted Out of Mandatory Workers’ Compensation
Texas allows employers to opt out of workers’ comp. Workers’ compensation usually provides limited benefits without needing to prove fault. The Texas system lets companies choose another path. This creates different rules that shape an injured worker’s rights.
How Non-Subscriber Status Affects Your Rights
Non-subscriber status removes many legal protections that employers normally have. Workers may file personal injury lawsuits and show how the employer acted carelessly.
Legal terms for this include:
- Tort liability: This means an injured worker may file a personal injury lawsuit.
- Negligence: This means someone failed to act reasonably and caused harm.
- Duty of care: This means the employer must keep the workplace safe.
- Liability: This means the employer may be responsible for losses
Why Construction Companies Often Choose Non-Subscriber Status
Construction companies sometimes choose non-subscriber status because they believe it gives them more control over claims or lowers costs. Some employers prefer private insurance plans or claim they can handle injury situations on their own. However, this choice increases their risk of lawsuits when workers suffer harm.
Can I Sue My Construction Company If They’re a Non-Subscriber?
Injured workers often feel confused when their employer isn’t part of the workers’ compensation system. The good news is that Texas law gives you the ability to sue a non-subscriber employer when their conduct caused your injuries.
You Have the Right to File a Personal Injury Lawsuit
A personal injury lawsuit lets you pursue financial relief for what you lost. The worker must show that the company failed to provide a safe working environment. Evidence often shows unsafe conditions, broken safety rules, or rushed work that led to injury.
Traditional Employer Defenses Don’t Apply
In a typical workers’ compensation system, employers avoid lawsuits from injured workers. Even in states that allow lawsuits, employers often raise certain defenses to avoid responsibility. Non-subscriber employers in Texas cannot use many of those defenses. This gives injured workers a stronger position in court.
The Advantage of Suing a Non-Subscriber Employer
When workers sue a non-subscriber employer, the case often moves forward with fewer legal barriers. This is known as the non-subscriber advantage. The employer must defend their actions. They cannot blame coworkers or claim you accepted the risks of the job. This shifts attention to what the employer did or failed to do.
What Damages Can I Recover in a Non-Subscriber Lawsuit?
A non-subscriber lawsuit lets you pursue compensation that covers your losses. These losses go far beyond medical bills. Many workers feel pressure to support their families while healing and need financial support through the process.
Economic Damages Available
Economic damages cover losses you can measure with receipts or documents. These often include medical treatment, prescriptions, therapy, lost wages, and future earnings. Some workers also need long-term care if the injury affects their ability to return to construction work.
Non-Economic Damages You Can Pursue
Non-economic damages cover less visible losses. These address pain, ongoing discomfort, stress, and changes in how you move through your daily life. Construction injuries often limit workers’ ability to enjoy hobbies or take part in normal routines.
Potential for Punitive Damages
Punitive damages punish an employer for reckless conduct. Courts award these when the employer’s actions showed extreme disregard for worker safety. While not common, they may apply when a construction company ignored known hazards or violated safety laws on purpose.
What Defenses Can Non-Subscriber Employers Still Use?
Even though non-subscriber employers lose some major defenses, they may still try other arguments. A strong case shows why these arguments don’t hold up.
The Assumption of Risk Defense
Some employers claim the worker willingly accepted danger. Texas law usually limits this defense for non-subscriber employers. Workers rarely accept risks that come from broken safety rules or missing equipment. A company must still maintain a safe environment.
Contributory Negligence Claims
Employers sometimes argue that the worker shares fault for the injury. Texas uses a rule that reduces compensation if the worker carries some fault. If the worker carries more than half of the fault, they may not recover damages. Evidence from the scene, coworkers, and medical reports helps show the employer’s responsibility.
Fellow Servant Rule
This rule tries to place blame on a coworker instead of the employer. Texas law prevents non-subscriber employers from using this rule. Employers must protect workers from unsafe coworkers and provide proper training.
How a Lawyer Can Overcome These Defenses
A well prepared case shows how the employer failed to act responsibly. Photographs, witness statements, expert safety reviews, and medical records usually counter employer claims. A lawyer gathers and organizes this evidence so the story of what happened becomes clear.
How Do I Prove My Construction Company Was Negligent?
Proving negligence is the heart of a non-subscriber lawsuit. You need an attorney to show how the company acted carelessly and build a strong claim on your behalf.
Establishing Duty of Care
Every employer must keep the worksite safe. This includes training workers, fixing hazards, providing safety gear, and following OSHA rules. Establishing this duty shows the standard the employer should have met.
Demonstrating Breach of Safety Standards
A breach happens when the employer fails to meet safety expectations. This often involves missing guardrails, poor supervision, rushed work, or ignoring reports of danger. Photographs, witness accounts, and internal company records often show how the employer failed to keep workers safe.
Proving Causation and Damages
Causation links the employer’s conduct to your injuries. Medical evaluations, accident reports, and safety inspections show how the accident happened. Damages show the impact of the injury on your life, income, health, and future work opportunities.
Common Examples of Construction Site Negligence
Construction sites involve heavy machinery, heights, electricity, chemicals, and confined spaces. Some common examples include failing to secure scaffolding, ignoring fall protection rules, and skipping required inspections. Other examples involve working near unmarked hazards or allowing untrained workers to operate machinery.
What If My Employer Claims I Was an Independent Contractor?
Construction companies sometimes label workers as independent contractors to avoid responsibility. Many workers find out only after an injury that the employer plans to use this claim. Texas law looks at how you worked for the company to determine your true status.
Texas Tests for Employment Status
Texas uses several tests to decide whether a worker is an employee or a contractor. The biggest factor focuses on control. If the company directed your work, schedule, tools, and training, you may count as an employee.
Key points include:
- Level of control: Companies that direct every task usually treat the worker as an employee.
- Method of payment: Hourly pay or weekly pay often suggests employee status.
- Tools and equipment: When the company provides tools, the worker may be an employee.
- Training: If the company trains you, the relationship resembles employment
Misclassification in the Construction Industry
Misclassification happens when a company labels workers as contractors even though they function like employees. This practice saves the employer money, but it also harms workers. Misclassified workers lose basic protections and often find themselves stuck with large medical bills after an injury.
Your Rights If You Were Misclassified
Workers who were misclassified may still sue a non-subscriber employer. The court reviews the true relationship, not the label the employer uses. If your work shows an employee relationship, you can move forward with a personal injury lawsuit.
How Long Do I Have to File a Lawsuit Against a Non-Subscriber Employer?
Texas gives injured workers two years from the accident date to file a lawsuit. This timeline applies whether the injury happens on a construction site, in a warehouse, or in any other job setting.
Exceptions That May Extend the Deadline
A few exceptions may extend the time period. For example, some workers don’t discover the full extent of their injuries right away. Minors may have more time to file. Certain rare situations may pause the countdown temporarily.
Why Acting Quickly Protects Your Rights
Evidence fades over time. Workers move to new jobs. Supervisors forget details. Acting quickly gives your lawyer time to gather records, photograph the site, interview witnesses, and request documents from the employer. Strong evidence helps show how the employer failed to keep you safe.
What Should I Do Immediately After a Construction Site Injury?
Taking the right steps after an injury helps protect your health and your legal rights. Construction injuries often involve sudden trauma, heavy equipment, or falls that require prompt care.
Seek Medical Attention and Document Your Injuries
Medical treatment protects your health. It also creates records that show what happened. Keep copies of emergency room visits, medications, follow up exams, and doctor notes.
Report the Accident to Your Employer
Workers should notify the employer soon after the accident. A written report helps avoid later disputes about when the injury happened. Keep a copy for yourself.
Gather Evidence from the Scene
If possible, take photos or videos of the area. Note any hazards, spills, uneven surfaces, or broken equipment. Record coworker names or anyone who saw the incident.
Avoid Signing Documents Without Legal Review
Employers sometimes ask workers to sign documents soon after an injury. Some forms limit your rights or protect the employer. A lawyer reviews these documents and helps you avoid decisions that harm your claim.
How Our Attorneys Can Help
Construction injuries disrupt family routines and place heavy pressure on workers. Our team at AMS Law Group supports injured workers by investigating the accident, gathering evidence, and guiding the legal process. We communicate with insurance companies, review settlement offers, and prepare your case for court when needed. Our goal focuses on protecting your rights and helping you pursue compensation that supports your recovery.
Frequently Asked Questions About Suing a Non-Subscriber Employer in TX
What happens if my construction company has both subscriber and non-subscriber entities?
Some companies divide their workers across different business entities. Your lawyer will review which entity employed you and whether that entity opted out of the workers’ compensation program.
Can I still receive benefits while my lawsuit is pending?
Some workers receive short term disability benefits or other private plan benefits while the lawsuit moves forward. These benefits usually don’t prevent a lawsuit, but your lawyer will explain how they fit into your claim.
What if multiple parties contributed to my construction site injury?
Construction sites often involve several companies working together. You may have claims against more than one party, depending on who created the unsafe condition.
Will suing my employer affect my ability to work in the construction industry?
Most workers return to the industry without any issue. Texas law protects workers from retaliation. If your employer tries to punish you for pursuing your rights, your lawyer can respond.
Can my family sue if I was killed in a construction accident while working for a non-subscriber?
Yes. Surviving family members may file a wrongful death lawsuit when a non-subscriber employer’s conduct caused the loss of a loved one.
Contact Our Construction Accident Attorneys in Texas Today
Construction accidents involving non-subscriber employers require immediate attention because deadlines affect your rights and evidence changes quickly.
AMS Law Group supports injured workers by gathering the facts, building strong cases, and guiding families through every step with clear communication. Reach out today for a free consultation and learn how our team can help you move forward.