It Depends Entirely on Whether Your Employer Subscribes to Workers’ Comp
Non-subscriber employers — approximately 30–40% of Texas private employers — can be sued directly in Bexar County District Court with no damage caps and are stripped of three powerful defenses by Texas statute. Subscribing employers are generally shielded by the exclusive remedy rule, but that shield has critical exceptions and does nothing to protect non-employer third parties on the same job site.
Three Defenses Stripped From Every Non-Subscriber Employer
Under Tex. Lab. Code §406.033(a), non-subscriber employers cannot assert:
- §406.033(a)(1) — Contributory negligence eliminated: The employer cannot assert that your own negligence contributed to the injury. Under standard Texas modified comparative fault, this defense can reduce recovery by up to 50% — non-subscribers lose it entirely
- §406.033(a)(2) — Assumption of risk eliminated: The employer cannot argue you voluntarily accepted the dangerous condition. Construction workers, manufacturing employees, and maintenance workers at Port SA aerospace facilities cannot have their claims defeated by “you knew the job was dangerous”
- §406.033(a)(3) — Fellow employee negligence eliminated: The employer cannot shift blame to a co-worker’s negligence to escape or reduce liability
Wayne Wright verifies employer subscription status through TDI-DWC records as the first step in every Bexar County workplace injury case. San Antonio’s construction, hospitality, H-E-B distribution, and Toyota supply chain sectors all have significant non-subscriber rates.
Gross Negligence and Punitive Damages Against Non-Subscriber Employers
- OSHA violations identified, cited, and never corrected before a worker was injured
- Prior accidents at the same job site the employer knew about and failed to address
- Deliberately removing safety guards under production deadline pressure
- Deploying workers on equipment with known documented mechanical failures
Exclusive Remedy Exceptions for Subscribing Employers
- Intentional injury: Assault, deliberate toxic exposure, or intentional equipment sabotage — exclusive remedy does not apply to intentional torts
- Gross negligence wrongful death (§408.001(b)): Surviving family members may sue a subscribing employer for gross negligence resulting in death
Third-Party Claims — Always Available in San Antonio
- General contractors: On Loop 1604, VIA transit, and Port SA development sites, the GC controlling safety is a separate defendant
- Equipment manufacturers: Product liability against manufacturers of defective cranes, forklifts, scaffolding, or power tools
- Staffing agencies: When a staffing agency placed you at the worksite, their liability is a separate question from the direct employer’s workers’ comp
Call 210-888-0078 immediately. Wayne Wright verifies subscription status, identifies every third-party claim, and pursues maximum recovery across all legal theories simultaneously.
