Injured worker getting help from his college after fainted on the floor in a factory

Injured at Work in Georgetown? What Happens When Your Employer Doesn’t Have Workers’ Comp?

When you’re injured on the job, the path to recovery can seem daunting. Most people assume that workers’ compensation insurance will cover their medical bills and lost wages. But in Texas, that’s not always the case.

Unlike any other state, Texas allows private employers to opt out of the state’s workers’ compensation system.

These employers are called “nonsubscribers.” If you’ve been hurt while working for a nonsubscriber in Georgetown or anywhere in Texas, your rights and legal options are significantly different—and in many ways, much stronger.

At Capital Personal Injury Lawyers, we want to ensure our neighbors in Williamson County understand their rights after a workplace accident.

What is a Texas Nonsubscriber?

A nonsubscriber is simply an employer who chooses not to carry traditional workers’ compensation insurance.

It may surprise you to learn that many large, well-known companies in Texas are nonsubscribers, including major retail, restaurant, and construction companies.

While these employers are still required by law to maintain a safe workplace, they are not protected by the rules that limit employee lawsuits under the workers’ compensation system.

This opens the door for injured employees to take direct legal action.

Key Differences in a Nonsubscriber Case

If your employer has workers’ compensation, you generally cannot sue them for a workplace injury; your benefits are limited to what the insurance policy provides, which typically does not cover pain and suffering.

However, a nonsubscriber case is a direct personal injury lawsuit against your employer.

Here’s what that means for you:

  • You Can Sue Your Employer Directly: You have the right to file a lawsuit holding your employer accountable for negligence that led to your injury.
  • Employers Lose Key Defenses: Texas Labor Code § 406.033 strips nonsubscribers of the most common defenses used in injury cases. They cannot argue that you were partially at fault (contributory negligence), that you “assumed the risk” of the job, or that a coworker’s mistake caused your injury.

This gives injured workers a significant legal advantage.

  • You Can Recover Full Damages: Unlike the limited benefits of workers’ comp, a nonsubscriber lawsuit allows you to seek full compensation for all your losses.

What Compensation Can You Recover?

In a Texas nonsubscriber case, you have the right to pursue a wide range of damages that are not available through workers’ compensation. This can include:

Category & Description


Medical Expenses All past, current, and future medical bills related to your injury.


Lost Wages Compensation for the income you lost while unable to work.


Loss of Earning Capacity If your injury prevents you from returning to your previous job or earning a similar income.


Pain and Suffering Compensation for your physical pain and emotional distress.


Physical Impairment Damages for the loss of enjoyment of life due to your injuries.


Disfigurement Compensation for scarring or other permanent physical changes.


To win your case, you must prove that your employer was negligent in some way and that their negligence caused your injury.

This could involve failing to provide proper safety equipment, inadequate training, or ignoring known hazards in the workplace.

Do You Need a Lawyer for a Nonsubscriber Case?

Yes. These cases are complex and aggressively defended. Nonsubscriber employers know they are vulnerable to lawsuits and will often try to pressure injured employees into signing away their rights or accepting a low settlement. This is why it is important to talk to an attorney prior to signing anything.

An experienced Georgetown personal injury lawyer can protect your rights by:

  • Investigating the accident to prove your employer’s negligence.
  • Gathering all necessary evidence, including witness statements and safety records.
  • Calculating the full extent of your damages.
  • Fighting back against the company’s lawyers to secure the maximum compensation you deserve.

Contact a Georgetown Nonsubscriber Injury Lawyer Today

If you’ve been injured at work, don’t assume you have no options. You have a limited time to act—in Texas, the statute of limitations for these cases is generally two years from the date of injury.

Contact Capital Personal Injury Lawyers for a free, no-obligation consultation. We’ll help you determine if your employer is a nonsubscriber and explain your legal options. You pay nothing unless we win your case. Call us today at (512) 575-4262 or fill out our online form to get started.