How does Texas address worker injury protection and compensation?

Texas addresses worker injury protection and compensation primarily through a system that allows some injured workers to sue their employers for damages. This option reflects a significant aspect of Texas’s approach to workers' compensation, known as the "non-subscriber" system. In Texas, employers can choose whether or not to subscribe to the state's workers' compensation insurance program. If they do not, they can be held liable for work-related injuries through civil lawsuits, giving the injured worker an opportunity to seek damages beyond what traditional workers' compensation might offer.

Understanding that Texas has a unique legal framework surrounding workers' compensation is crucial. Many states have a mandatory system where employers are required to carry workers' compensation insurance, limiting the rights of employees to sue for damages. However, Texas gives employers the option to opt out of this system, leading to a landscape where injured employees can pursue lawsuits against employers that do not provide insurance, as long as those employers are non-subscribers. This option allows injured workers potentially greater compensation through the courts, though it may also lead to a more adversarial relationship between workers and their employers.

This unique feature of Texas law contrasts with other states where employer liability is more strictly governed by statutory workers' compensation systems.