Workplace Injuries in Texas and New Mexico

How to Check if Your Employer Has Workers’ Compensation and What to Do if They Do Not

Workplace injuries can leave employees facing medical bills, lost wages, and uncertainty about their rights. Many workers assume that all employers carry workers’ compensation insurance, but that is not always the case, particularly in Texas and New Mexico.

Understanding whether your employer has workers’ compensation coverage is a critical first step after a workplace injury. If coverage does not exist, your legal options may be very different.

What Is Workers’ Compensation?

Workers’ compensation is insurance that provides benefits to employees who are injured on the job. These benefits may include:

• Medical treatment

• Partial wage replacement

• Benefits for permanent impairment or disability

In exchange for these benefits, employees typically give up the right to sue their employer for negligence, with limited exceptions.

Does Every Employer Have Workers’ Compensation?

No. Workers’ compensation requirements vary by state.

In Texas, most private employers are not required to carry workers’ compensation insurance. Employers who choose not to participate are often referred to as “non-subscribers.”

In New Mexico, most employers are required to carry workers’ compensation coverage, although certain exceptions may apply.

Because rules differ and coverage status is not always obvious, employees should never assume workers’ compensation exists.

How to Check if Your Employer Has Workers’ Compensation Insurance

If you were injured at work, you can take the following steps to determine whether your employer carries workers’ compensation:

1. Ask Your Employer Directly

Your employer or human resources department should be able to tell you whether workers’ compensation insurance is in place and how to file a claim.

2. Look for Workplace Notices

Many employers are required to post notices about workers’ compensation coverage in common areas. These postings often include the insurance carrier’s name and policy information.

3. Check State Workers’ Compensation Databases

State agencies maintain records of workers’ compensation coverage. Searching your employer’s name through the appropriate state agency can help confirm coverage status.

4. Review Employment Documents

Offer letters, employee handbooks, and onboarding paperwork sometimes contain information about workers’ compensation coverage or injury reporting procedures.

What Happens If Your Employer Has Workers’ Compensation?

If your employer carries workers’ compensation, you may be entitled to benefits regardless of who caused the accident. However, workers’ compensation benefits are often limited and may not fully cover:

• All lost wages

• Pain and suffering

• Long-term or future damages

In some situations, additional claims may exist against third parties who contributed to the injury.

What If Your Employer Does Not Have Workers’ Compensation?

If your employer does not carry workers’ compensation, your options may include pursuing a personal injury claim against the employer or other responsible parties. These cases are different from workers’ compensation claims and often allow recovery for:

• Full lost wages

• Medical expenses

• Pain and suffering

• Other damages not available under workers’ compensation

Determining whether a personal injury claim exists requires a careful legal evaluation of the facts and applicable law.

Why You Should Speak With a Personal Injury Attorney

Workplace injury cases can be legally complex, especially when workers’ compensation is not available. Employers and insurance companies may dispute how the injury occurred, who was at fault, or what benefits apply.

A personal injury attorney can:

• Determine whether workers’ compensation coverage exists

• Evaluate potential personal injury or third-party claims

• Explain your rights and legal options

• Handle communications with insurers and employers

At ALG Injury Lawyers, we focus on informing injured workers of their rights and guiding them through available legal options so they can make informed decisions after a workplace injury.

Key Takeaway

After a workplace injury, do not assume your employer has workers’ compensation coverage. Verifying coverage is essential, as it directly affects your legal rights and potential recovery. If coverage does not exist, speaking with a personal injury attorney can help you understand what options may be available.