Injured on the Job in Texas Without Workers’ Comp
Injured on the Job in Texas Without Workers’ Comp
Construction workers in Texas face some of the most dangerous job conditions in the country — and yet the majority are left completely unprotected when something goes wrong on the job. Roughly 6 in 10 Texas construction workers have no workers’ compensation coverage from their employer, according to a 2025 report from the Workers Defense Project, despite working in one of the deadliest industries in the state.
At our firm, we fight for injured workers — especially those left stranded by employers who never carried workers’ compensation coverage in the first place. If you or a loved one has been injured on the job and your employer doesn’t carry insurance, you may still be entitled to compensation, and we’re here to help you pursue it.
A 2025 report from the Workers Defense Project, a nonprofit advocating for low-wage and immigrant construction workers, paints a stark picture of what many laborers in Texas face daily. Based on survey responses from roughly 350 workers across the Austin, Houston, and Dallas-Fort Worth metro areas, the report found:
- 42% of all severe heat-related injuries in Texas in 2023 involved construction workers — even though they make up less than 9% of the workforce.
- Roughly 1 in 5 workers surveyed reported experiencing wage theft, averaging just over $2,000 per worker.
- Roughly 6 in 10 respondents lacked workers’ comp coverage, leaving them financially exposed if injured.
Nearly 80% of workers surveyed were Latin American immigrants, with roughly half lacking legal status — many said they haven’t seen the benefits of the construction boom in Texas, even as the industry has grown into a $139 billion sector employing over 1.2 million workers.
While the state continues to debate stronger workplace protections, injured workers without workers’ compensation are still left in limbo — uncertain about their legal rights or how they’ll pay for medical bills, time off work, or long-term care.
That’s where we come in.
We Help Injured Workers — Even When Employers Don’t Carry Insurance
Texas is the only state that doesn’t require private employers to carry workers’ compensation insurance. That means when workers are hurt on unsafe job sites — whether from falls, heat exposure, unsafe equipment, or other hazards — many are left with no comp claim to file at all.
But you still have legal options.
If your employer is a “non-subscriber” (doesn’t carry workers’ comp), you can file a personal injury lawsuit directly against them for negligence — and Texas law strips away several defenses employers would normally have. Under Texas Labor Code § 406.033, a non-subscribing employer cannot argue that you were partly at fault, that you knowingly accepted the risk of the job, or that a coworker (not the company) caused the accident. Their only real defenses are that you deliberately injured yourself or were intoxicated at the time. You still have to prove the employer was negligent — but once you do, you can pursue full compensation: complete medical expenses, full lost wages and future earning capacity, and pain and suffering, none of which workers’ comp benefits would have covered even if your employer did carry it.
Non-subscribing employers are also legally required to post notice of their status in the workplace and notify new hires in writing (Labor Code § 406.005). Many workers only learn their employer skipped coverage after they’re already injured — and if your employer never gave proper notice, that failure itself can matter to your case.
Our firm has experience standing up for workers in these exact situations — especially construction-related injuries where employers failed to provide the basic coverage and safety protocols required by law or common sense.
We also stay current on labor law developments. As advocacy groups continue pushing for stronger protections — including mandatory heat safety standards and proper worker classification — enforcement and accountability remain inconsistent. That’s exactly why having an experienced legal team in your corner matters.
The Two-Year Deadline
A non-subscriber negligence claim is a standard personal injury lawsuit, subject to Texas’s two-year statute of limitations (Civil Practice and Remedies Code § 16.003). Evidence like surveillance footage, incident reports, and witness memory doesn’t last that long, though — the sooner an attorney is involved, the more of it can actually be preserved.
If You’ve Been Hurt at Work and Your Employer Has No Workers’ Comp, Contact Us Today
Your employer may have cut corners, but that doesn’t mean you should suffer the consequences. We offer free consultations, and you pay nothing unless we recover money for you.
Call (512) 246-9191 or contact us online. Let us fight for the compensation and justice you deserve.
About Andrew Traub
