Oil Field Injuries in South Texas: Your Rights When Your Employer Is Non-Subscribed

Oil Field Accidents · Liz Valdez Garza · 2026-11-04

Oil field work is some of the most dangerous work in Texas. Crews deal with heavy equipment, high-pressure lines, long shifts and constant driving between sites. When something goes wrong, injuries can change a worker's life — and the path to compensation depends heavily on one question: does your employer carry workers' compensation insurance?

Texas is different: workers' comp is optional

Texas is the only state that lets most private employers choose whether to carry workers' compensation. Employers that opt out are called non-subscribers. Many oil field service companies, contractors and subcontractors fall into this group.

Being non-subscribed isn't illegal — but it changes your rights after an injury.

If your employer is a non-subscriber, you may be able to sue

When an employer carries workers' comp, injured employees are generally limited to workers' comp benefits and can't sue the employer for negligence. When an employer is a non-subscriber, that protection is gone. An injured worker can file a personal injury lawsuit against the employer if the employer's negligence caused the injury.

Texas law also takes away some of the defenses non-subscribing employers would otherwise use. In general, they cannot argue that:

• You were partly at fault for your own injury (contributory negligence)
• You knew the job was dangerous and accepted the risk
• A co-worker caused the accident instead of the company

That can make a big difference in a case. A worker typically still needs to prove the employer was negligent — for example, by failing to provide safe equipment, proper training or enough crew to do the job safely.

Common oil field injuries we see

• Crush injuries and amputations from rigs, pipe and heavy equipment
• Burns from fires, explosions and flash fires
• Falls from derricks, platforms and trucks
• Injuries from struck-by accidents and falling objects
• Highway crashes involving company trucks traveling between sites

Other people may also be responsible

Oil field sites usually have several companies working side by side. Even if your employer does carry workers' comp, you may have a separate claim against a third party — another contractor, the site operator, or the manufacturer of defective equipment — whose negligence contributed to your injury.

Watch out for employer "benefit plans" and waivers

Some non-subscribing employers offer their own injury benefit plans. These plans can come with strict reporting deadlines, and some ask employees to sign waivers or arbitration agreements. Don't sign anything after an injury until you understand what you are giving up. Report your injury in writing as soon as possible, and keep a copy.

Steps to take after an oil field injury

1. Get medical treatment and tell the provider how you were hurt on the job.
2. Report the injury to your supervisor in writing.
3. Write down the names of witnesses and the equipment involved.
4. Find out whether your employer carries workers' comp.
5. Talk to an attorney before giving statements or signing documents.

Talk to La Leona about your oil field injury

Oil field workers keep South Texas running. When a company cuts corners and someone gets hurt, that company should be held accountable. Attorney Liz Valdez Garza represents injured workers and their families throughout the Rio Grande Valley and South Texas. Call 866-LA-LEONA for a free consultation — hablamos español.

Frequently Asked Questions

How do I find out if my employer has workers' comp?

Ask your employer in writing. Employers are generally required to tell employees whether they carry workers' compensation coverage, and an attorney can also help confirm it.

Can I sue if my employer has workers' comp?

Usually not for ordinary negligence, but there are exceptions, and you may still have a claim against a third party such as another contractor or an equipment manufacturer.

Is there a deadline to report a work injury?

Yes. Report it as soon as possible and in writing. Workers' comp and employer benefit plans can have short reporting deadlines, and a lawsuit generally must be filed within two years.

Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662