Yes, you can sue a large employer for workplace injuries in Texas—but only under specific circumstances. Unlike most states, Texas does not require private employers to carry workers’ compensation insurance. Employers who opt out of workers’ comp (known as "non-subscribers") lose certain legal protections, opening the door for employer negligence lawsuits if their actions (or inactions) directly caused your injury.
For employees of major corporations like Amazon, Kroger, or Walmart, navigating these cases requires understanding corporate liability in Texas, the differences between workers’ comp claims and negligence lawsuits, and how to prove an employer’s fault. Below, we break down the key factors that determine whether you have a case—and how to pursue fair compensation with an experienced workplace injury attorney like Warren Armstrong.
How Workplace Injury Claims Work in Texas
Texas operates under a unique "non-subscriber" system. Employers can choose whether to participate in the state’s workers’ compensation program. Those who opt out must provide alternative injury benefit plans, but these often offer limited coverage. Importantly, non-subscribers lose immunity from lawsuits, meaning injured employees can file employer negligence lawsuits if they can prove the company’s negligence caused their harm.
Key differences between workers’ comp and negligence claims:
- Workers’ compensation claims. If your employer subscribes to workers’ comp, you’re generally limited to filing a claim through that system, regardless of fault. These claims cover medical bills and partial lost wages but don’t allow lawsuits for additional damages like pain and suffering.
- Negligence lawsuits. If your employer is a non-subscriber, you can sue for full damages—including medical expenses, lost wages, pain and suffering, and even punitive damages in cases of gross negligence. However, you must prove the employer’s negligence caused your injury.
Warren Armstrong focuses exclusively on non-subscriber cases, helping injured workers hold large employers accountable when their negligence leads to preventable harm.
When Can You Sue a Large Employer for Negligence?
Employer negligence lawsuits hinge on proving four key elements under Texas law:
- Duty of care. The employer had a legal obligation to maintain a safe workplace (e.g., providing proper training, equipment, or hazard warnings).
- Breach of duty. The employer failed to meet this obligation (e.g., ignoring safety protocols or violating OSHA standards).
- Causation. The breach directly caused your injury (e.g., a missing safety guard led to a machinery accident).
- Damages. You suffered measurable harm (medical bills, lost wages, etc.).
Some common examples of employer negligence include:
- Unsafe working conditions. Failure to repair broken equipment, clean spills, or address known hazards.
- Inadequate training. Not providing proper instruction for dangerous tasks or equipment use.
- Understaffing. Overworking employees to the point of exhaustion, increasing accident risks.
- Retaliation. Punishing employees for reporting safety concerns.
Texas courts also recognize "premises liability" claims if injuries stem from hazardous property conditions (e.g., poorly maintained floors or lighting). Unlike workers’ comp, these claims require proving the employer knew or should have known about the danger.
Large employers often have extensive legal teams to minimize payouts. Building a strong case requires thorough evidence, including incident reports, witness statements, and medical records.
Challenges in Suing Major Corporations
Pursuing corporate liability in Texas against companies like Amazon or Walmart comes with unique hurdles:
- Complex employer policies. Large corporations often have convoluted injury reporting procedures designed to limit liability.
- Aggressive defense tactics. Insurers may pressure you to accept low settlements or dispute your claim’s validity.
- Burden of proof. Unlike workers’ comp, negligence claims require proving fault—a higher legal standard.
While suing a large employer is challenging, meticulous documentation and legal expertise can level the playing field. Non-subscriber cases demand a strategic approach to counter corporate legal defenses.
Steps to Protect Your Rights After a Workplace Injury
- Report the injury immediately. Follow company protocols but also document the report in writing. Texas law requires notice within 30 days.
- Seek medical attention. Even if injuries seem minor, delayed treatment can undermine your case.
- Preserve evidence. Take photos of the accident scene, save safety complaints, and collect witness contact information.
- Avoid signing early settlements. Employers may offer quick payouts that don’t cover long-term costs.
Corporate defendants often argue "employee misconduct" to shift blame. An attorney can counter this by demonstrating systemic safety failures, such as lack of training or repeated OSHA violations.
Why Non-Subscriber Cases Are Different
Non-subscriber claims allow for broader compensation than workers’ comp, but they also require strategic legal action. Warren Armstrong has successfully represented clients against large employers by demonstrating:
- Patterns of negligence. Evidence that the company repeatedly ignored safety issues.
- Regulatory violations. OSHA citations or internal policy breaches.
- Economic damages. Detailed documentation of medical expenses, lost wages, and reduced earning capacity.
For example, a delivery driver injured due to faulty vehicle maintenance might sue for not just medical bills but also pain and suffering—damages unavailable under workers’ comp.
What to Do Next
If you’ve been injured at a non-subscribing employer in Texas:
- Consult an attorney. Non-subscriber cases are highly fact-specific. Warren Armstrong can evaluate whether negligence played a role in your injury.
- Document everything. Keep records of medical visits, employer communications, and how the injury impacts your daily life.
- Act quickly. Under Texas Civil Practice & Remedies Code § 16.003, Texas has a two-year statute of limitations for personal injury lawsuits—but evidence can disappear over time.
For employees of large corporations, employer negligence lawsuits are often the only path to full compensation. With the right legal approach, you can hold powerful companies accountable for putting profits over safety.
