In order to prevail, you need a few things. First, your damages have to be serious. Your medical bills have to be pretty big. Your medical diagnosis has to be pretty bad. Finally, you must be able to show that the accident was caused by your employer’s negligence (something they did that caused the accident).
You see, when your employer chose not to get you coverage under the Texas Workman’s Compensation plan, he waived all of the defenses he has at trial (such as contributory negligence which is a fancy way of saying that if you played any role in causing the accident, the employer is only responsible for the damages his actions caused and not yours) except one:
If you are the sole cause of your accident, then the employer can walk away without paying you a cent (if the jury believes your employer). However, if the employer is responsible for your injuries due to their negligence (even just 1 percent negligence), then the jury cannot let them off the hook and they are responsible for 100 percent of your damages.