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Worksite Injuries

San Antonio Worksite Injury Attorney

Unlike most states, Texas does not require employers to carry workers’ compensation insurance. That means your options after a workplace injury depend heavily on whether your employer is a workers’ comp “subscriber” or a “non-subscriber” and understanding the difference is critical to protecting your rights.

Texas's unique non-subscriber system:

If your employer carries workers’ compensation, you’ll generally need to report your injury within a short window and file your claim within the workers’ comp system. If your employer is a non-subscriber (doesn’t carry workers’ comp) which Texas uniquely allows you may be able to pursue a personal injury lawsuit directly against your employer, which can allow for a broader range of damages than the workers’ comp system typically provides. A workplace injury caused by a third party (a contractor, equipment manufacturer, or other non-employer) may also support a separate claim regardless of your employer’s coverage status.

How we help:

  • Determining whether your employer is a workers' comp subscriber or non-subscriber
  • Pursuing personal injury claims against non-subscriber employers
  • Identifying third-party liability (contractors, equipment manufacturers, property owners)
  • Handling claims involving falls, equipment accidents, and other worksite injuries

Why choose Moshko Law Firm:

  • You pay nothing unless we win
  • Bilingual attorney — Se habla español
  • Evening and weekend appointments
  • Free consultation to review your case

Frequently Asked Questions

Does my employer have to carry workers' compensation in Texas?
No. Texas is one of the few states that doesn’t require most private employers to carry workers’ compensation insurance. Employers who opt out are called “non-subscribers.”
If your employer is a non-subscriber, you may be able to file a personal injury lawsuit directly against your employer, rather than being limited to a workers’ comp claim — this can potentially allow for broader compensation, including for pain and suffering.
If your employer carries workers’ comp, you generally must report the injury within 30 days and file your claim within one year. If your employer is a non-subscriber, or if a third party caused your injury, the standard two-year personal injury statute of limitations generally applies instead.
Yes, if a third party — such as a contractor, equipment manufacturer, or another company on the worksite — contributed to your injury, you may have a separate claim against them regardless of your employer’s workers’ comp status.

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