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Employers without workers’ compensation could be forced to pay punitive damages if they lose injury lawsuits. They also lose certain common law defenses, such as arguing that:

• the injured employee’s negligence caused the injury
• the negligence of fellow employees caused the injury
• the injured employee knew of the danger and voluntarily accepted it.

Courts may also order employers to pay judgments for pain and suffering and punitive damages.

If a court decides that an employer was negligent in any way – even if the employee’s negligence played a greater role in causing the injury – the employer will likely be held fully financially responsible. The employer must also pay defense-related legal expenses, such as attorney fees.

This is from the Texas Department of Insurance website. 

This is a short story to highlight why these common law defense's are important to you and your business 

A masonry contractor in West Texas lands a job in another city. They hire local workers in the area. A 21 year old man applies and his sister is already an employee so she recommends him. The boss tells him construction work is physical, demanding and sometimes dangerous. Three weeks into the job and the supervisor who normally sets up scaffolding does not come in to work.

Scaffolds are set up 13' high but not according to OSHA standards. Cross planks missing in corners and railings are inadequate. The sister notices and tells her brother and some others to fix it. They were told several more times that morning. Later that day, the young labor climbs the scaffold and begins to work. After about 15 minutes later he forgets there is an opening behind him and steps backwards in the corner and falls about 12 feet striking the base of his skull and breaking his neck. He is paralyzed from the waist down. 

1. The young man knew it was a dangerous job and he accepted it.
2. Negligence of fellow employee's caused the injury
3. Employee's own negligence lead to his injury