Brookshire Brothers Workers’ Comp Claims in Texas

When an employee is injured on the job, one of the first questions is whether their employer carries workers’ compensation insurance. Brookshire Brothers Workers’ Comp Claims in Texas often differ from typical claims because the company is a nonsubscriber to the Texas Workers’ Compensation Act. As a result, injured employees may have the right to file a personal injury lawsuit against the company, depending on the circumstances of the incident. These claims often involve complex liability issues, employer safety obligations, and extensive evidence gathering. 

At Armstrong Lee & Baker LLP, we help workers throughout Texas understand their legal rights and fight for compensation after a workplace injury, providing support, clarity, and guidance throughout every step of the process.

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Nonsubscriber

Brookshire Brothers is a nonsubscriber to the Texas Workers’ Compensation Act, meaning it has chosen not to participate in the state-regulated insurance program that benefits injured employees. Without this coverage, Brookshire Brothers forfeits certain legal protections typically afforded to subscribing employers.

Nonsubscribers assume a greater legal risk and responsibility for workplace safety, often requiring more proactive safety policies and employee oversight. According to the Texas Department of Insurance, nonsubscribers may be held directly liable in court for workplace injuries caused by their negligence.

Employee’s Claim

An injured worker may sue Brookshire Brothers directly because the company does not have state-regulated workers’ compensation insurance. To succeed in court, the employee must prove that the company’s negligence proximately caused the injury. These claims often involve unsafe working conditions, lack of proper safety training, or defective equipment.

In contrast to a workers’ comp claim, where benefits are paid regardless of fault, a nonsubscriber case requires establishing fault on the employer’s part. However, the potential compensation can be significantly higher, including damages for pain and suffering, lost wages, and future medical care. 

In Brookshire Brothers Workers’ Comp Claims in Texas, employees often have more to gain by pursuing legal action due to the absence of employer immunity.

Defense

As a nonsubscriber, Brookshire Brothers has limited legal defenses. The company cannot argue that the injury was caused by a co-worker or that the employee accepted the risk by working in a dangerous environment. Brookshire Brothers may only defend against the claim by showing it was not negligent or that the employee’s actions were the sole cause of the injury.

This high legal threshold often works in favor of the injured employee. Our experience shows that holding no subscribing employers accountable requires thorough investigation, detailed documentation of unsafe practices, and an aggressive legal strategy built on proven results. Each case demands strategic litigation planning, clear witness testimony, and medical evidence to support every aspect of the claim.

Comparative Negligence

Texas law follows a modified comparative negligence system in personal injury cases, including workplace incidents. If the employee shares any fault, the total compensation they may recover will be reduced proportionally to their level of responsibility.

For example, if a court finds an employee 20% responsible for an accident, the damages awarded would be reduced by that amount. Under Texas Civil Practice and Remedies Code §33.001, if an employee is found to be more than 50% at fault, they cannot recover any damages.

Navigating comparative negligence in Brookshire Brothers Workers’ Comp Claims in Texas demands careful legal planning to limit the impact of any alleged employee fault, especially when multiple parties or factors are involved in the incident.

Texas Workers’ Compensation Act

The Texas Workers’ Compensation Act is the statutory framework that governs how work-related injuries are handled for subscribing employers. It offers a no-fault system in exchange for limited liability. However, Brookshire Brothers, as a nonsubscriber, operates outside this framework. This status exposes the company to full tort liability in negligence lawsuits.

Employees pursuing legal action must still navigate strict procedural rules, but they also benefit from the expanded scope of damages. Unlike workers’ comp benefits, which are capped, a civil suit may result in compensation for emotional distress, physical impairment, and loss of consortium.

Speak With Our Texas Nonsubscriber Injury Attorneys

At Armstrong Lee & Baker LLP, we understand how challenging it can be to face an employer like Brookshire Brothers after a serious workplace injury. As nonsubscribers, they can be held accountable in ways most companies cannot. Our team has the experience, resources, and resolve to help you seek justice.

Workplace injury claims have deadlines. Call us today at 832-402-6637 or contact us online to schedule a free consultation. Don’t settle for less than you deserve; take the first step toward recovering what you’re owed under Texas law.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.