Getting hurt at work is hard enough. Finding out your employer doesn’t carry workers’ comp can make it even harder. But you still have rights—and powerful legal options. At Trust Guss Injury Lawyers, we help injured workers in Houston hold non-subscriber employers fully accountable. You don’t have to fight this battle alone.
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If your employer doesn’t subscribe to workers’ comp:
This gives injured workers in Houston a real chance to seek justice, especially after a serious injury.
Notify your supervisor or HR as soon as possible. While Texas doesn't require written reports, your prompt notification creates a legal record and enables timely medical care.
Even minor injuries can worsen. Getting a prompt diagnosis ensures your employer is on record and documents the link between the accident and your injuries later.
Keep photos of your injury, the accident scene, tools, equipment, and any dangerous conditions. Secure police reports, incident summaries, witness contact info, and medical records.
Don’t sign any employer documents resolving the incident. Only obtain legal advice first. Broad releases could limit your ability to later demand full compensation.
Because your claim bypasses workers’ comp, deadlines and rules are more intricate. Swift legal advocacy ensures effective case building, evidence preservation, and strategy development.
No. Once a workplace injury has happened, the employer can’t retroactively enroll in ,workers’ compensation to avoid responsibility. If your employer didn’t carry coverage at the time of the accident, they remain fully liable for negligence, even if they try to change that later.
Usually not. General liability or commercial auto policies don’t cover workplace injuries when an employer has opted out of workers’ comp. Texas courts won’t let employers use these policies to sidestep responsibility.
They might. If your employer acted with serious disregard for your safety, Texas law allows courts to award attorney’s fees and additional damages. This holds employers accountable when they put workers at risk.
In Texas, you generally have unsafe conditions at your workplace, you may be able to file a civil claim on their behalf. These cases are complex but important, and we can help.
It depends. If you signed an arbitration agreement before the injury, your employer may try to enforce it. But courts will review whether it was fair and fully explained. We can challenge arbitration when it wasn’t clearly agreed to.
Yes. You can recover damages for PTSD, anxiety, depression, and other mental health effects, whether or not physical injuries remain. We work with licensed professionals to document these impacts and include them in your claim.
In most cases, no. Compensation for physical injuries, medical bills, and emotional distress isn’t taxed. Punitive damages may be. We’ll connect you with financial experts if needed to help you handle your recovery wisely.
Yes. If unsafe conditions led to your injury, you can pursue claims against whoever was responsible, including the general contractor, property owner, or any third party who contributed. Workers’ comp status doesn’t block your right to seek accountability.
They can ask, but you’re never required to sign anything. These agreements can limit your future rights. Always talk to an attorney before agreeing to any settlement or release.
Unfortunately, yes. Non-subscribing employers aren’t legally required to cover treatment or job reinstatement. However, firing you for seeking accountability may count as retaliation and could support an additional legal claim.
That’s a big risk. Once you accept a settlement, you typically can’t reopen your case, even if new medical issues come up. We advise waiting until your full needs are known and properly valued.
Not in these cases. Texas law doesn’t allow non-subscribers to use “assumption of risk” or blame-shifting defenses. The focus stays on what the employer did wrong, not on you or your coworkers.
It can complicate things, but it doesn’t erase your claim. Depending on the case, you may still be able to recover damages, especially if liability was already established or punitive damages were involved. Legal support is essential here.
Yes, you can. Pursuing a non-subscriber claim doesn’t block you from seeking benefits like unemployment or Social Security disability. But we’ll help coordinate everything so you don’t accidentally reduce your compensation.
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