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Can Undocumented Immigrants File an Injury Claim? Know Your Rights

What Texas law says about injury claims and workers' compensation for people without legal status, with official Texas sources.

5 min readPublished April 15, 2026Last updated October 22, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas personal injury claims are civil claims that turn on what happened and whether someone's negligence caused the injury, and a civil injury claim is not an immigration proceeding. For work injuries, the Texas Workers' Compensation Act says a resident or nonresident alien employee is entitled to compensation under the Act (Lab. Code §406.092), and most private employers choose whether to carry that coverage (§406.002). Whether a particular claim can go forward depends on its facts, which is a question for a licensed Texas attorney.

Introduction

If you were hurt in an accident in Texas and you are undocumented, you may be wondering whether the law still protects you. This guide explains what Texas statutes and official Texas sources say about injury claims and workers' compensation, with a link to each source. It is general information, not legal advice, and it does not apply the law to your situation.

Do Undocumented Immigrants Have the Right to File an Injury Claim in Texas?

Texas personal injury claims are civil claims. They turn on what happened and whether someone's negligence caused the injury.

For work injuries, the Texas Workers' Compensation Act is explicit: a resident or nonresident alien employee is entitled to compensation under the Act (Tex. Lab. Code §406.092), and "alien" means a person who is not a citizen of the United States (§401.011).

Whether a particular claim can go forward depends on its facts. That is a question for a licensed Texas attorney, not for this guide.

Types of Injury Situations

Common situations include:

  • Car accidents. Crashes caused by another driver. Our guide to what to do after a car accident in Houston covers common first steps.
  • Workplace injuries. In Texas, the rules depend on whether the employer carries workers' compensation insurance; see the next section.
  • Slip and fall accidents. Injuries on someone else's property, for example from a wet floor, a broken stair, or poor lighting.
  • Construction and equipment injuries, dog bites, defective products, and other accidents.

Workplace Injuries: Texas Workers' Compensation and Non-Subscribers

In Texas, workers' compensation insurance is a choice, not a requirement, for most private employers.

  • Coverage is generally elective. Except for public employers and as otherwise provided by law, a Texas employer may elect to obtain workers' compensation insurance coverage (§406.002). Every employer must tell its employees whether it has coverage (§406.005).
  • Non-subscribers. The Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) calls employers that choose not to provide coverage non-subscribers, and its coverage verification page explains how to check an employer's coverage (as of 2026-10-22).
  • Covered employers. For a covered employee, workers' compensation benefits are generally the exclusive remedy against the employer for a work-related injury, with a limited exception for exemplary damages in some death cases (§408.001).
  • Non-subscriber employers. An employee of a non-subscriber may sue the employer and must prove the employer's negligence; the employer cannot defend on the grounds of the employee's contributory negligence, assumption of the risk, or a co-worker's negligence, though it may still defend on grounds such as the employee's intoxication (§406.033).

Our guide Injured and Undocumented? What You Need to Know Before Filing a Claim covers workers' compensation deadlines and what an intake asks.

What Kinds of Damages Does Texas Law Describe?

The damages chapter of the Texas Civil Practice and Remedies Code describes general categories. It defines "economic damages" as compensatory damages intended to compensate a claimant for actual economic or pecuniary loss, and "noneconomic damages" as damages awarded for things such as physical pain and suffering, mental or emotional pain or anguish, and loss of enjoyment of life (Tex. Civ. Prac. & Rem. Code §41.001). These are definitions, not an estimate for anyone. Whether any recovery is available, and what kind, depends on the facts of the case and is a question for an attorney.

Will Filing a Claim Affect Your Immigration Status?

This is one of the most common, and understandable, fears. A civil injury claim is a dispute between you, the at-fault party, and usually that party's insurer. It is not an immigration proceeding.

Under Texas Rule of Evidence 503, a client has a privilege to refuse to disclose, and to prevent others from disclosing, confidential communications made to get legal services from a lawyer. The rule treats a person who consults a lawyer about getting legal services as a client, and it lists exceptions (Tex. R. Evid. 503). InjuryClaimGuide is not a law firm; information you send through its intake form is handled under its privacy policy.

No attorney can guarantee what other agencies may or may not do. A licensed Texas attorney can explain the risks and protections that may apply to the facts of a specific case.

Talking With Insurance Companies

Our guide to recorded statements to insurers in Texas explains what TDI says about talking with your own insurer and the other driver's insurer. Questions about whether to answer a particular question are for an attorney.

Questions You Can Ask Any Attorney

If you speak with an attorney, these are questions people often ask:

  • How is my personal information stored and shared?
  • Have you handled cases for clients who are worried about immigration status, and Texas workers' compensation or non-subscriber cases?
  • Can we talk in the language I am most comfortable with?
  • How are fees charged? In Texas, a contingent fee contract for legal services must be in writing and signed by the attorney and client (Tex. Gov't Code §82.065).

Frequently Asked Questions

Can undocumented immigrants sue in Texas?

Texas personal injury claims are civil claims about what happened and whether someone's negligence caused the injury. Whether a particular claim can go forward depends on its facts, which is a question for a licensed Texas attorney.

Do I need a Social Security number to file a claim?

The InjuryClaimGuide intake form does not ask for a Social Security number or for immigration status (as of 2026-10-22). Which documents a particular case needs is a question for the attorney handling it.

Will the insurance company ask about my immigration status?

It may ask. How to handle a particular question from an insurer is something to discuss with an attorney.

InjuryClaimGuide (ICG) is a legal advertising service, not a law firm and not a lawyer referral service. If you choose to submit the intake, ICG forwards it to participating personal injury firms in your area and case type. ICG does not evaluate claims, and it does not rate or endorse any attorney. The intake is free. When you are ready, you can start your free intake.

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