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Posted & Reviewed by Scott Armstrong - Sep 13th 2025
As a Texas employee, you might assume you’ll automatically receive benefits if you get injured on the job, but that may not be the case. You see, Texas has “non-subscriber” workplace injury laws that don’t require employers to offer coverage.
Because of these loopholes, it’s crucial to determine what kind of workplace coverage you have before you’re even faced with a work-related injury or illness. However, understanding workers’ comp and deciphering legal terms can be challenging, so we’re here to help.
Armstrong Lee and Baker LLP has provided a handy guide to workers’ compensation legal language to help you better understand your legal rights in the event of a workplace incident.
We’ll fight for the compensation you deserve.
Unlike other states, Texas is unique in that it does not require employers to participate in an insurance program that offers benefits to employees who suffer an injury or illness related to their workplace.
Below, we’ll discuss the differences between when an employer subscribes and opts out of workers’ compensation, and then address some associated legal terms.
In Texas, workers’ compensation is a voluntary insurance policy designed to protect employees on the job. If an employer subscribes to the state’s workers’ compensation program, then their employees are entitled to benefits if they experience a work-related injury or illness.
Following the incident, an employee can file workers’ comp claims with their employer, and their compensation may cover lost wages, medical expenses, and disability benefits.
Now, it’s essential to note that under workers’ compensation policies, employees do not need to prove their employer was at fault to receive compensation. In other words, it’s a no-fault system. However, because employees are entitled to benefits, this generally means they cannot file personal injury lawsuits against their employers.
Alternatively, Texas employers can opt out of this insurance coverage and become non-subscribers, meaning their employees do not automatically receive benefits if they’re injured or become ill while on the job.
So, what happens if an employee is injured at work but their employer doesn’t carry workers’ compensation?
In this case, the employee can file a personal injury lawsuit against their employer to receive compensation. The employee can request compensatory damages to cover the costs of lost wages, medical bills, as well as emotional distress, pain, and suffering.
However, unlike with a workers’ compensation policy, the employee must prove that the employer was negligent or at fault for the workplace incident to receive compensation.
When reviewing workers’ compensation or non-subscriber documents, you’ll likely encounter some complicated legal terms, which are referred to as legalese. We recommend familiarizing yourself with some of the following legal terms to better understand your legal rights and the available courses of action.
| Workers’ Compensation Legal Terms | Definition |
|---|---|
| Compensable injury | Refers to a job-related injury or illness that qualifies for compensation |
| Disability | Describes the injury or illness the employee experienced on the job and is usually classified as temporary or permanent |
| Maximum Medical Improvement (MMI) | Signifies the end of medical treatment in a workers’ compensation case and is usually followed by an impairment rating evaluation |
| Impairment rating | A medical assessment that occurs after the employee has reached MMI, determining the extent of permanent harm |
| Exclusive Remedy Rule | States that under workers’ compensation coverage, the employee is granted benefits and, therefore, cannot pursue a lawsuit against the employer |
Although legalese can seem complicated, it’s actually designed to provide clarity. Lawyers use this vocabulary to discuss deadlines, appeals, and obligations. It ensures that everyone is on the same page, helping to avoid confusion and misunderstandings.
If you’re involved in a work injury case, it’s necessary that you understand these legal terms so you can actively participate, make informed decisions, and understand the terms and conditions of your situation.
If you’re unclear on specific terms in your case, ask your lawyer for clarification, reference legal resources, request plain language summaries, and above all, never sign anything you don’t understand.
Now, let’s see some workers’ compensation legalese in action. The following are a few sentences with legal jargon and their plain English explanations.
| Workers’ Compensation Legalese | Plain English |
|---|---|
| “The plaintiff alleged that the defendant’s negligence resulted in the workplace injury.” | The injured employee claims the employer failed to create a safe work environment, which led to the accident. |
| “The plaintiff and defendant entered an arbitration agreement.” | The injured employee and employer resolved the dispute with the assistance of an arbitrator outside of the court system. |
| “The non-subscriber was required to pay $10,000 in damages to the plaintiff.” | The court required the employer, who did not carry workers’ compensation coverage, to pay its injured employee $10,000. |
| “Upon reaching MMI, the physician determined the plaintiff has a 75% impairment rating, resulting in permanent partial disability benefits.” | The injured employee has reached a point where medical involvement is no longer necessary, but they are still considered highly impaired, and, therefore, eligible for ongoing compensation.” |
Regardless of whether your Texas employer is a subscriber or a non-subscriber to workers’ compensation, you have legal rights to compensation.
You don’t have to navigate the legal process on your own if you’re suffering from a job-related injury or illness in Houston, Texas. Armstrong Lee & Baker LLP will translate all the legalese for you, ensure you understand the details of your case, and advocate on your behalf.
Contact us today to schedule your free consultation.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his client’s behalf. In the process, he has recovered millions for his clients.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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