Unlike other states, Texas does not require every employer to carry workers’ compensation coverage. Any private employer is allowed to opt-out of carrying workers’ compensation, but this does come with risks for the employer. On the one hand, the employer will not have to pay compensation for every single injury that occurs in the workplace, particularly those that the injured worker caused themselves. However, one of the protections of workers’ compensation insurance is that it does limit how much compensation an injured worker can receive, and they are unable to recover pain and suffering damages.
If the employer does choose not to carry workers’ compensation insurance and they end up being held liable for the injury, they could be out of much more compensation than they would have otherwise paid for their workers’ compensation claim.
Aside from employers who choose to opt-out of carrying workers’ compensation, other individuals most commonly not covered under this type of plan include:
Independent contractors
Seasonal workers
Volunteers
Some agricultural employees
Domestic workers, including nannies and housekeepers in homes
Some individuals who work for nonprofits or charities
If you have sustained an injury in the workplace and do not know whether or not you are covered by workers’ compensation insurance, we encourage you to reach out to a skilled Houston workplace injury attorney as soon as possible. An attorney can examine your claim and help you determine the best steps to take next.