What to Do If Your Employer Doesn’t Have Workers’ Comp in Katy, Texas

If you’ve been injured at work in Texas, you may assume workers’ compensation will cover your medical bills. But Texas is unique—employers are not required to carry workers’ compensation insurance.

These employers are called non-subscribers, and if you’re injured while working for one, your legal options—and potential compensation—can be very different.

At the Law Office of Shane McClelland, we help injured workers understand their rights and pursue full compensation under Texas law.

What to Do After a Work Injury in Texas Without Workers’ Compensation

Step 1: Get Medical Attention Immediately

Your health is the priority—but medical treatment also creates critical legal evidence.

Medical records help prove:

• The severity of your injury
• That the injury occurred at work
• The treatment required

If you delay treatment, insurance companies may try to argue that your injury isn’t serious or work-related.

Step 2: You May Need to File a Personal Injury Claim

If your employer is a non-subscriber, you don’t file a workers’ compensation claim. Instead, you typically pursue a personal injury lawsuit.

You may be able to recover compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Mental anguish
• Punitive damages (in serious cases)

Learn more about the difference between workers’ compensation and personal injury claims here.

Step 3: Proving Employer Negligence Is Key

Unlike injuries covered by workers’ compensation, you must show your employer was negligent.

Common examples include:

• Unsafe working conditions
• Lack of proper training
• Failure to follow safety rules
• Defective equipment

Evidence may include:

• Accident reports
• Photos/videos
• Witness statements
• Documented OSHA or safety violations

Step 4: Document Everything

The stronger your documentation, the stronger your case.

Keep records of:

• Date, time, and location of the injury
• Equipment involved
• Witness names
• Communications with your employer

Important: Report the injury, but do not admit fault.

Step 5: Understand the Deadline (Statute of Limitations)

In Texas, you generally have two years to file a personal injury lawsuit.

Waiting too long can result in:

• Lost evidence
• Reduced compensation
• Losing your right to file entirely

Step 6: Insurance May Still Apply

Even if your employer doesn’t carry workers’ comp, other insurance may cover your claim:

• General liability insurance
• Third-party claims
• Personal health insurance

An experienced attorney can identify all available sources of compensation.

Step 7: Why You Need an Experienced Texas Personal Injury Lawyer

Non-subscriber employers often fight aggressively to avoid liability.

Working with an experienced attorney helps you:

• Build a strong case
• Preserve evidence
• Negotiate effectively
• Maximize compensation

At the Law Office of Shane McClelland, you work directly with an experienced attorney who has 20+ years of experience handling personal injury and workplace accident cases.

What Is the Difference Between Workers’ Compensation and Non-Subscriber Claims?

Contact Our Texas Personal Injury Law Firm For Help Today

If you’ve been injured in an accident in Texas and need legal help, contact our experienced personal injury lawyers at the Law Office of Shane McClelland PLLC to schedule a free consultation today. We have two convenient locations in Texas, including Katy and Sugar Land.

We proudly serve Rosenberg, Fort Bend County, Harris County, Waller County, and surrounding areas.

Law Office of Shane McClelland PLLC – Katy Office
Address: 21733 Provincial Blvd Suite 910, Katy, TX 77450
Phone: (713) 987-7107
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 29.7787076,-95.748153,3574

Law Office of Shane McClelland PLLC – Sugar Land Office (By Appointment Only)
Address: 18722 University Blvd suite 243, Sugar Land, TX 77479
Phone: (832) 391-5219
Hours: 24/7

Find us with our GeoCoordinates: 29.5472032,-95.5861976,3583