Yes. If your employer does not carry workers’ compensation in Texas, they are classified as a “non subscriber.” This means you have the legal right to sue them directly for your injuries. While workers’ compensation typically shields employers from lawsuits, non subscribers lose this “exclusive remedy” protection. If their negligence, even by as little as 1%, contributed to your accident, you can pursue a lawsuit for full damages that go far beyond what a standard insurance claim would pay.

The “Non Subscriber” Advantage: Why Your Case is Worth More

In a traditional workers’ comp claim, you are capped at receiving a portion of your wages and medical coverage. In a non subscriber lawsuit, the “ceiling” is removed.

What You Can Recover

When you sue a non subscriber, you are eligible for:

• 100% of Lost Wages: Not just the 70% cap found in workers’ comp.

• Pain and Suffering: Compensation for physical agony and emotional trauma (prohibited in workers’ comp).

• Future Earning Capacity: If your injury prevents you from returning to the oilfield, you can sue for the millions in wages you would have earned over your lifetime.

• Punitive Damages: If the employer was “grossly negligent” (showing a conscious indifference to safety), a jury can award extra money to punish the company.

How Texas Law Strips Your Employer of Their Defenses

To encourage companies to buy insurance, the Texas Labor Code (§ 406.033) punishes non subscribers by stripping them of their most powerful legal defenses. If you sue a non subscriber, they cannot use these three common arguments:

1. Contributory Negligence: They cannot argue the accident was partially your fault to reduce your check. If they are even 1% negligent, they can be held 100% responsible for your damages.

2. Assumption of the Risk: They cannot claim that “you knew the oilfield was dangerous” when you took the job.

3. The Fellow Servant Rule: They cannot blame a coworker’s mistake to escape liability; the company is responsible for the actions of all its employees.

Beware of “Fake” Workers’ Comp Plans

Many West Texas oilfield companies carry private occupational accident insurance that looks like workers’ comp but isn’t.

• These plans often have “company doctors” who try to send you back to work before you are healed.

• They may try to force you into Binding Arbitration, taking away your right to a jury trial.

• The Reality: These private plans do not grant the employer immunity. Even if you are receiving checks from a private plan, you likely still have the right to sue for full negligence damages.

Action Plan: Steps to Take Right Now

1. Verify Coverage: Use the Texas Department of Insurance (TDI) website to check if your employer is a subscriber or a non subscriber.

2. Report the Injury: You must still report the injury to your employer, but do not sign any “post injury waivers” or statements.

3. See Your Own Doctor: Unlike workers’ comp, non subscriber cases often allow you more freedom to choose your own medical experts.

4. Preserve Evidence: Oilfield sites change daily. Take photos of the equipment, the “JSA” (Job Safety Analysis) sheets, and get contact info for witnesses immediately.

FAQ

Can I be fired for suing my employer? Texas law (Chapter 451) protects workers from retaliation. If an employer fires or discriminates against you for pursuing your legal rights after an injury, you may have an additional “wrongful termination” claim against them.

What do I have to prove to win? You must prove the employer was negligent. This includes failing to provide proper PPE, failing to train you, or providing defective equipment. Because they lose their “contributory negligence” defense, proving even a tiny mistake by the company can win your case.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with an experienced Texas oilfield injury attorney like Alex Horton to discuss the specifics of your situation.