Can I recover damages or benefits for my Texas Construction site accident even if my employer does not carry Worker's Compensation Insurance?

A: Yes. Although many employers in Texas carry Workers' Compensation insurance, some employers do not. The employers that do not have Workers' Compensation insurance are called "non-subscribers" (because they do not "subscribe" to Workers Compensation). 



When a company has Workers' Compensation insurance, the company cannot be sued and the injured worker must file a claim with the Workers' Compensation insurance company. Recovery for injuries can be limited if the company has Workers' Compensation insurance. 



However, if the company is a "non-subscriber", then a lawsuit can be filed against the company. If proven that the company was negligent, then you are allowed to recover for medical bills, lost wages, mental anguish, pain & suffering, physical impairment and disfigurement that you have suffered as a result of the company's negligence. 



Although a company may have some type of insurance to cover workplace injuries, it is not necessarily Workers' Compensation insurance under Texas law and you may be entitled to more money for your injuries. It is always better to have an attorney evaluate your case for you. Most of the time, an experienced attorney can let you know in a short amount of time whether the company that you worked foris covered under Workers' Compensation insurance.