When you’re injured at work, the first thing that often comes to mind is workers’ compensation. In Texas, many employers carry workers’ comp insurance to help cover medical bills and a portion of lost wages after a workplace injury. But what if your benefits don’t fully cover your expenses—or your employer doesn’t carry workers’ comp at all?
Sometimes, you may have legal options beyond the workers’ compensation system. Understanding these alternatives can be critical in securing the full recovery you deserve.
When Workers’ Comp Isn’t Enough
Workers’ compensation is designed to provide quick access to medical care and wage replacement without requiring you to prove fault. However, it also limits the types of damages you can recover—typically excluding pain and suffering or full wage replacement.
If your injury is severe, long-term, or life-changing, those limitations can leave you struggling financially. That’s why it’s important to consider whether other legal claims might apply in your situation.
If Your Employer Does Not Carry Workers’ Comp
Texas is unique because not all employers are required to carry workers’ compensation insurance. If your employer is a “non-subscriber,” you may have the right to file a personal injury lawsuit directly against them.
Unlike workers’ comp, a personal injury claim allows you to seek a wider range of damages, including:
- Full lost wages
- Medical expenses (past and future)
- Pain and suffering
- Loss of earning capacity
In these cases, you must show that your employer’s negligence caused your injury—for example, by failing to maintain safe equipment, provide proper training, or address known hazards.
Third-Party Liability Claims
Even if your employer has workers’ comp coverage, you may be able to pursue additional claims against third parties whose actions contributed to your injury. Common examples include:
- A subcontractor who created unsafe conditions on a job site
- A manufacturer of defective machinery or tools
- A negligent driver who caused a work-related vehicle accident
These claims are separate from workers’ comp and can help you recover damages that workers’ comp doesn’t cover.
Examples of Situations with Legal Options Beyond Workers’ Comp
While every case is different, here are a few scenarios where additional legal recourse may be possible:
- Construction accidents involving multiple contractors or companies
- Industrial equipment failures caused by defective products
- Delivery driver injuries caused by another motorist’s negligence
- Toxic exposure from unsafe products or third-party negligence
An experienced workplace injury attorney can investigate the circumstances of your injury to identify all possible sources of compensation.
Why Legal Representation Matters
Pursuing claims outside the workers’ comp system can be complex. Insurance companies and at-fault parties often fight hard to avoid paying fair compensation. A skilled attorney can:
- Investigate the cause of your injury
- Identify all liable parties
- Handle communications and negotiations with insurers
- Build a strong case for maximum recovery
At KRW Lawyers, we know how to navigate both workers’ comp and personal injury claims. Our team is committed to helping injured workers get the financial support they need to heal and move forward.
Get Results For Your Workplace Injury Case
If you’ve been injured on the job, don’t assume workers’ comp is your only option. There may be other legal paths available to you, and acting quickly can make all the difference in your case.
Contact KRW Lawyers today at (855) 770-4045 for a free consultation. We’ll review your situation, explain your options, and fight for the compensation you deserve.
