Employer does not have Workers’ Compensation. What are my rights?

Texas, unlike most states does not require an employer to have Workers’ Compensation. However if they do not have Workers’ Compensation you may be able to sue your employer for your injuries if you can prove the employer was negligent in causing your injury. Also your employer cannot use your negligence as a defense for your claim. For example if an accident is 99% your fault and 1% your employers fault then your employer will be liable for 100% of your damages, not 1%. These types of claims are called non-subscriber claims because your employer was a non-subscriber of Texas Workers’ Compensation.