Don’t all employers in Texas have to carry worker’s compensation insurance?
No. Texas is the only state that does not require private employers to carry worker’s
compensation insurance.
How do I find out if my employer carries worker’s compensation insurance?
You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/
Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance.
If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim.
I’ve been injured on the job and my employer is a non-subscriber. What rights do I have?
You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act.
As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries.
If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer.
When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance.
What damages can I recover in a non-subscriber case?
A non-subscribing company may be sued for damages such as pain and suffering and medical
expenses. The non-subscribing company may also be held liable for gross negligence or punitive
damages.
What defenses do non-subscriber employers have when employees are injured?
Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault.
Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury.
Can I sue my employer for an on-the-job injury if my employer has worker’s comp?
No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system.
At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108
or text us at (832) 413-1428
for your free consultation.
On February 18, 2026, an accident involving a motorcycle and two other vehicles occurred on Aldine Westfield Road near Wood River Drive, Fox26 Houston reports. An off-duty officer was operating the motorcycle and was found unresponsive at the scene. Despite the efforts of EMS and firefighters, they were unable to save the deputy. The investigation into the crash is being handled by the Precinct 4 accident investigation team, and all lanes on Aldine Westfield Road were shut down due to the incident. The driver of the vehicle stayed on the scene and was not impaired at the time of the accident. It is not yet clear if the crash was related to the arrest of a Montgomery County Sheriff’s Office deputy at the scene, who was charged with DWI.
February 12th, 2026, Houston: An 18-wheeler rollover on Southwest Freeway near Chimney Rock Road blocked multiple outbound lanes, leading to major delays for commuters, KHOU reports. The truck rolled onto its passenger side, crushing a pickup truck and dragging it approximately 100 yards. Fortunately, the pickup truck’s driver escaped unscathed, and there were no reported injuries. Fire officials also noted that the semi-truck did not lose its load during the incident. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
On February 5, 2026, a dramatic rescue unfolded on Highway 290 near Mason Road in Cypress, Texas, when a woman found herself trapped in her vehicle after a major two-vehicle crash. The crash caused significant delays, with two westbound main lanes on Highway 290 remaining closed. The Harris County Sheriff’s Office reported that when emergency services arrived at the scene, they discovered the woman wedged underneath a truck . This type of accident is called a Side Underride Crash , and car manufacturers face pressure to install additional safeguards. Thanks to the efforts of first responders, the woman was safely removed from her vehicle and taken to the hospital for further care. If you have been injured in a serious car accident in Houston, please call Wham & Rogers for a free consultation at 832-592-1108.
A new video released after a fatal crash in the Texas Panhandle shows a truck on US 87 crashing into four young women from the Houston area. The women had to reduce their speed due to a flat tire, and had turned the hazard lights on. Despite their precautions, an 18-wheeler transporting produce for the San Antonio-based grocery chain H-E-B collided with the Nissan Altima, tragically killing the driver and three passengers. Long hours, insufficient training and lax monitoring make commercial vehicle and big rig accidents all too common on Texas roadways.
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
On February 18, 2026, an accident involving a motorcycle and two other vehicles occurred on Aldine Westfield Road near Wood River Drive, Fox26 Houston reports. An off-duty officer was operating the motorcycle and was found unresponsive at the scene. Despite the efforts of EMS and firefighters, they were unable to save the deputy. The investigation into the crash is being handled by the Precinct 4 accident investigation team, and all lanes on Aldine Westfield Road were shut down due to the incident. The driver of the vehicle stayed on the scene and was not impaired at the time of the accident. It is not yet clear if the crash was related to the arrest of a Montgomery County Sheriff’s Office deputy at the scene, who was charged with DWI.
February 12th, 2026, Houston: An 18-wheeler rollover on Southwest Freeway near Chimney Rock Road blocked multiple outbound lanes, leading to major delays for commuters, KHOU reports. The truck rolled onto its passenger side, crushing a pickup truck and dragging it approximately 100 yards. Fortunately, the pickup truck’s driver escaped unscathed, and there were no reported injuries. Fire officials also noted that the semi-truck did not lose its load during the incident. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
On February 5, 2026, a dramatic rescue unfolded on Highway 290 near Mason Road in Cypress, Texas, when a woman found herself trapped in her vehicle after a major two-vehicle crash. The crash caused significant delays, with two westbound main lanes on Highway 290 remaining closed. The Harris County Sheriff’s Office reported that when emergency services arrived at the scene, they discovered the woman wedged underneath a truck . This type of accident is called a Side Underride Crash , and car manufacturers face pressure to install additional safeguards. Thanks to the efforts of first responders, the woman was safely removed from her vehicle and taken to the hospital for further care. If you have been injured in a serious car accident in Houston, please call Wham & Rogers for a free consultation at 832-592-1108.
A new video released after a fatal crash in the Texas Panhandle shows a truck on US 87 crashing into four young women from the Houston area. The women had to reduce their speed due to a flat tire, and had turned the hazard lights on. Despite their precautions, an 18-wheeler transporting produce for the San Antonio-based grocery chain H-E-B collided with the Nissan Altima, tragically killing the driver and three passengers. Long hours, insufficient training and lax monitoring make commercial vehicle and big rig accidents all too common on Texas roadways.
On the afternoon of June 28th, a truck driver allegedly fell asleep while driving an 18-wheeler on I-20 east of Dallas , causing him to crash into four cars and three 18-wheelers. This accident resulted in five deaths and an unknown number of injuries. This crash caused I-20 to be closed for several hours on Saturday while the victims were treated and the vehicles were removed from the scene. The driver was arrested the next day after admitting to falling asleep while driving, and is facing five counts of manslaughter along with a count of aggravated assault with a deadly weapon. 18-wheeler accidents have become a near daily occurrence, putting many drivers at risk. It is important to obtain counsel immediately if you have been in a collision with an 18-wheeler to ensure evidence is preserved and the accident is investigated thoroughly. If you have been injured in a serious 18-wheeler or commercial vehicle accident in Texas, call Wham & Rogers at 832-592-1108 for a free consultation.
We often receive phone calls from people whose attorney won't return their calls, won't help them find medical care, or won't give them any advice about property damage. When I ask who this lawyer is, they usually don't know. Invariably, I find out that they hired the lawyer through a service that contacted them. A shocking number of these solicitation companies are breaking the law. They are committing the crime of barratry . Attorneys who hire companies to illegally solicit business for them are focused on quick, easy settlements. They’ve already taken an illegal shortcut to get your business. They want to settle your case with the least amount of effort. They do not want to spend time answering your questions and helping you with anything that won’t make them a quick buck. I’ve learned of situations where lawyers hired through solicitation companies settled cases without their client’s consent — and even situations where the client’s settlement check bounced. If you hire a lawyer who contacts calls you personally or through a service, you may be hiring a lawyer who is breaking the law. This is not who you want representing you. If you did hire a lawyer through one of these services, you may be the victim of barratry and there are lawyers who will pursue these claims for you. ( Our firm does not handle barratry claims ) When you need a personal injury attorney, do your research. Check the reviews for the firm. Call to talk with the lawyers. If you can’t get a lawyer on the phone to talk with you, that is a sign you may need to look elsewhere. Our client reviews will attest that we provide personal, caring service to our clients. If you want attorneys who will treat you like family, call Wham & Rogers.
Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits
A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.
Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.
