Injured Lifting at Work in Texas? You May Have a Non-Subscriber Claim

Back injuries. Herniated discs. Torn shoulders. Pulled muscles that never fully heal.

Lifting injuries are some of the most common workplace injuries in Texas and some of the most underestimated.

If you were injured while lifting on the job and your employer does not carry workers’ compensation insurance, you may have a powerful negligence claim under Texas non-subscriber law.

Do not assume a lifting injury is “just part of the job.”

Why Lifting Injuries Happen

Employers have a legal duty to provide a reasonably safe workplace. That includes proper staffing, equipment, and safety protocols for lifting tasks.

Common causes of lifting injuries include:

• Requiring one employee to lift objects that require two people
• Failure to provide mechanical lifting devices (dollies, hoists, forklifts)
• Inadequate training on safe lifting techniques
• Unrealistic productivity demands
• Repetitive heavy lifting without rotation
• Slippery or uneven flooring
• Improperly stacked materials

When safety is sacrificed for speed, injuries follow.

Common Lifting Injuries We See

Lifting injuries are often dismissed early — but they can become life-altering:

• Herniated or bulging discs
• Lumbar spine injuries
• Sciatic nerve damage
• Torn rotator cuffs
• Abdominal hernias
• Chronic muscle strain
• Aggravation of pre-existing spinal conditions

Many lifting injuries worsen over time. What starts as “tightness” can later become surgery.

Is Your Employer a Non-Subscriber?

Under the Texas Workers’ Compensation Act, private employers in Texas may opt out of workers’ compensation coverage.

If your employer is a non-subscriber:

• You can sue them directly for negligence.
• They lose important legal defenses.
• You may recover full personal injury damages.

This is very different from a traditional workers’ compensation claim.

Why Non-Subscriber Lifting Injury Claims Are Strong

1. The Employer Cannot Blame “The Nature of the Job”

In non-subscriber cases, the employer generally cannot argue:

• That lifting heavy items was simply part of your job
• That you assumed the risk
• That a co-worker caused the injury

This is especially important in lifting cases where employers often claim the worker “lifted incorrectly.”

2. Full Damages Are Available

Unlike workers’ compensation, a non-subscriber claim allows recovery for:

• Past and future medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Mental anguish
• Physical impairment
• Disfigurement

For workers whose livelihood depends on physical labor, a back injury can permanently alter earning capacity.

“But I Didn’t Fall — I Just Felt a Pop.”

Many lifting injuries happen without a dramatic incident.

You may have:

• Bent down to lift a box
• Helped move equipment
• Shifted inventory
• Loaded materials into a truck

And suddenly felt a sharp pain, a pop, or numbness.

The absence of a fall or equipment failure does not eliminate employer liability. If the employer required unsafe lifting conditions, negligence may still exist.

Aggravation of Pre-Existing Conditions

Employers often argue that lifting injuries are due to “pre-existing back problems.”

Texas law allows recovery when workplace negligence aggravates a pre-existing condition.

If your job made an underlying issue worse, that may still be compensable.

Evidence That Matters in Lifting Injury Cases

Because lifting injuries are sometimes questioned, early investigation is critical.

Important evidence may include:

• Written job descriptions
• Staffing records
• Safety manuals
• Training documentation
• Witness statements
• Productivity quotas
• Prior complaints about unsafe lifting demands

These cases often hinge on showing the employer prioritized output over safety.

Time Limits Apply

Non-subscriber lifting injury claims in Texas are generally subject to a two-year statute of limitations. Waiting too long can permanently bar your claim.

Do Not Minimize a Lifting Injury

Many workers try to “push through” back pain — especially when employers downplay the injury.

But spinal injuries and soft tissue damage can have long-term consequences.

If you were injured lifting at work and your employer does not carry workers’ compensation insurance, you may have significantly stronger legal rights than you realize.

Injured Lifting at Work? Know Your Rights.

At Dodson Law Firm, PLLC, we evaluate workplace lifting injury cases to determine:

• Whether the employer is a non-subscriber
• Whether staffing or safety failures occurred
• Whether damages include long-term earning loss
• Whether arbitration agreements affect your rights

If you’ve suffered a serious lifting injury at work, contact Dodson Law Firm, PLLC for a confidential consultation to discuss your options.