When an employee is injured on the job in Texas, the assumption is often that workers’ compensation will cover medical bills and lost wages. But many are surprised to learn that Texas does not require private employers to carry workers’ compensation insurance. Employers who choose not to participate in the workers’ comp system are known as non-subscribers — and when injuries happen, these companies can be directly sued by their injured workers.
If you’ve been hurt working for a non-subscriber employer, you may have the right to file a personal injury lawsuit seeking full compensation for your injuries.
What Is a Non-Subscriber Employer?
A non-subscriber is a Texas employer that opts out of the state’s workers’ compensation system. Instead of providing coverage through the state program, these employers may purchase their own private occupational injury plans — or offer no formal coverage at all. In doing so, they also give up certain legal protections.
Unlike workers’ compensation claims, where employees are generally prohibited from suing their employers, non-subscriber cases open the door to traditional personal injury lawsuits. This means you may be able to seek damages for pain and suffering, mental anguish, disfigurement, and more — damages that are not available under the workers’ comp system.
Legal Rights of Injured Workers
When filing a non-subscriber claim, the injured employee must show that the employer’s negligence played a role in causing the injury. This could include:
- Failing to provide proper training or supervision
- Not maintaining a safe work environment
- Providing defective equipment or tools
- Forcing employees to work in unsafe conditions
- Failing to implement or enforce safety protocols
Under Texas law, non-subscriber employers lose the right to claim “comparative negligence” — meaning they generally can’t blame the injured worker for causing their own injury. Even if you made a mistake, your employer may still be liable.
Additionally, non-subscriber employers cannot reduce damages by alleging that another employee was responsible for your injury. This unique feature of Texas law gives injured workers a powerful advantage in court.
What Can You Recover?
A successful non-subscriber claim may result in compensation for a wide range of damages, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of household services
- Wrongful death damages for surviving family members (if the injury was fatal)
In some cases, punitive damages may also be awarded if the employer’s conduct was especially reckless or intentional.
Common Non-Subscriber Workplaces
While non-subscriber employers exist in many industries, they are especially common in:
- Construction companies
- Oilfield and refinery services
- Trucking and logistics firms
- Warehousing and distribution centers
- Nursing homes and long-term care facilities
- Retail chains and big box stores
Many large national companies — including some grocery store chains, delivery companies, and manufacturers — operate in Texas as non-subscribers.
How These Claims Are Different
Filing a non-subscriber claim is very different from pursuing traditional workers’ compensation benefits. These cases are handled in state court and follow the rules of personal injury litigation. You will need to:
- Prove negligence on the part of your employer
- Gather evidence such as witness statements, photos, and medical records
- Possibly undergo depositions and pretrial proceedings
- Prepare for potential settlement negotiations or trial
Because these claims often involve significant damages and legal complexity, having an experienced attorney is critical.
Consult an Experienced Workplace Injury Lawyer
If you were injured while working for a non-subscriber employer in Texas, it’s important to understand that you may have rights far beyond what traditional workers’ comp provides. However, time limits apply, and employers may aggressively defend these cases.
At Spagnoletti Law Firm, we have a long track record of representing injured workers in workplace accident claims. Our legal team can help you gather evidence, determine your employer’s legal status, and pursue the compensation you deserve.
Contact us today for a free consultation. Call 713-804-9306 to speak with an experienced workplace injury attorney and learn how we can assist with your case.