What is the difference between a workers’ comp claim and a workplace injury lawsuit in Texas?

Texas Is the Only State Where This Choice Exists

Texas is the only state where private employers can legally opt out of workers’ compensation. When your San Antonio employer is a non-subscriber, you file a personal injury lawsuit in Bexar County District Court and pursue the full range of damages with no cap. Even when your employer subscribes to workers’ comp, third-party claims against general contractors, equipment manufacturers, and property owners remain fully available alongside the administrative claim.

Workers’ Compensation — The Administrative System

When your employer subscribes to workers’ comp under Tex. Lab. Code Title 5:

• Temporary Income Benefits (TIBs): 70% of your pre-injury average weekly wage, subject to the TDI-DWC annual statewide maximum
• Impairment Income Benefits (IIBs): Paid at Maximum Medical Improvement based on your assigned impairment rating
• Medical benefits: Medically necessary treatment through TDI-DWC’s managed care network
• The exclusive remedy rule: Workers’ comp is the exclusive remedy against subscribing employers — you generally cannot sue them in civil court
• No pain and suffering: Workers’ comp does not compensate for pain, suffering, mental anguish, or physical impairment

Non-Subscriber Employers — The Civil Lawsuit Path

Approximately 30–40% of Texas private employers opt out. San Antonio’s construction, hospitality, and retail sectors have significant non-subscriber rates. When your employer is a non-subscriber under Tex. Lab. Code §406.033:

• Defense 1 eliminated: Employer cannot assert your contributory negligence
• Defense 2 eliminated: Employer cannot assert assumption of risk
• Defense 3 eliminated: Employer cannot shift blame to a co-worker’s negligence
• Full civil damages: No cap — pain, suffering, mental anguish, physical impairment, and punitive damages for gross negligence

Third-Party Claims — Available Regardless of Comp Coverage

• General contractors: On San Antonio construction sites along Loop 1604, VIA corridors, and Port SA, the GC controlling site safety is a separate civil defendant
• Equipment manufacturers: Product liability against manufacturers of defective scaffolding, cranes, forklifts, or power tools
• Property owners: Premises liability for unsafe conditions not owned by your employer

Call 210-888-0078 immediately. Wayne Wright verifies your employer’s subscription status through TDI-DWC records and pursues every available claim path simultaneously.