Texas is the only state where workers comp is optional
Texas does not require private employers to carry workers compensation. That freedom comes with a serious trade-off: employers who go without — called non-subscribers — lose the exclusive remedy protection that workers compensation provides. A non-subscriber can be sued directly by an injured employee, cannot use the common-law defenses of contributory negligence or assumption of risk, and faces damages with no statutory cap. One serious injury can end an uninsured business.