A Denial of Medical and Wage Benefits for Your Work Injury Does Not Mean That You Do Not Have A Case or a Right to Sue Your Texas Employer!
If your workers’ compensation claim has been denied, you may feel like you have no options left—but that’s not always the case. A denial of medical and wage benefits does not mean that you don’t have a legal case or the right to sue your employer for negligence.
In Texas, not all employers are required to carry traditional workers’ compensation coverage. Some companies opt out of the state-regulated system and operate as Texas Non-Subscribers. If your employer is a non-subscriber, you may have more legal options than a typical workers’ compensation claim—including the ability to file a personal injury lawsuit against your employer.
At Sandoval Law Firm, PLLC, Attorney Hector L. Sandoval is experienced in handling Texas non-subscriber work injury cases and will help you understand your rights. Call (346) 347-7777 today for a FREE consultation!
Denied Workers’ Comp? You May Still Have a Case!
A workers’ compensation denial doesn’t mean your fight for compensation is over. It’s important to understand that your claim for medical and wage benefits is separate from your right to sue for employer negligence.
If your employer is a Texas Workers’ Compensation Subscriber, you may be able to appeal the denial through the Texas Division of Workers’ Compensation (DWC). However, if your employer is a Non-Subscriber, you may have the right to sue them for negligence—potentially recovering more compensation than workers’ compensation would have provided.
Understanding Texas Non-Subscriber Employers
Texas is the only state that allows private employers to opt out of the state’s workers’ compensation system. These companies are known as Texas Non-Subscribers and must provide their own injury benefit plans. Many large companies, such as:
✅ H-E-B
✅ Walmart
✅ Home Depot
✅ Kroger
✅ Target
…are non-subscriber employers, which means they do not provide state-regulated workers’ compensation benefits. Instead, they may offer private insurance plans, such as ERISA-based plans, to manage injury claims. However, the primary goal of these plans is to:
📌 Limit employer liability in lawsuits
📌 Reduce costs for the company
Because non-subscriber employers lack the same legal protections as traditional workers’ compensation employers, injured employees often have a stronger case for compensation—especially if the employer’s negligence contributed to the accident.
How to Know If You Can Sue Your Employer for Negligence
You may have the right to sue your Texas employer if:
🔹 Your injury was caused by unsafe working conditions
🔹 Your employer failed to provide proper training or safety equipment
🔹 You were forced to work beyond your physical limitations
🔹 You were denied medical care or pressured to return to work too soon
🔹 Your employer tried to blame you for the accident
A successful personal injury lawsuit against a Texas Non-Subscriber employer can provide compensation for:
✔️ Full medical expenses (past and future)
✔️ Lost wages and loss of earning capacity
✔️ Pain and suffering
✔️ Permanent disability and long-term care costs
Unlike workers’ compensation, which typically limits payouts, a lawsuit against a non-subscriber employer may allow you to recover the full amount of damages you are entitled to.
What to Do If Your Work Injury Claim Is Denied
If your employer denies your workers’ compensation claim, take the following steps:
1️⃣ Get a copy of the denial letter – Review the reason for denial.
2️⃣ Seek medical attention – Keep records of your treatment.
3️⃣ Document everything – Save injury reports, emails, and witness statements.
4️⃣ Consult a Texas Work Injury Lawyer – You may still be able to file a lawsuit for negligence.
📞 Call Sandoval Law Firm, PLLC at (346) 347-7777 for a FREE consultation today! Don’t let your employer or their insurance company dictate your future—fight for the compensation you deserve! 🚀