If you have been hurt on the job in Texas, the procedure for filing a claim for compensation may be slightly different than in most states.
In nearly all other states, your employer must purchase a workers’ compensation insurance policy from the state or certify that they are self-insured and can pay your claim.
In Texas, however, there is no requirement that an employer carries workers’ compensation insurance.
Texas companies that do not carry workers’ compensation insurance are referred to as “non-subscribers.”
If your employer is a non-subscriber and you are hurt on the job, then you will need to talk to an attorney in order to understand your next steps.
Our experienced personal injury law team at Armstrong Lee & Baker LLP is standing by to help you understand how to navigate the process of what to do if you are hurt at work and have a non-subscriber employer, as well as understand who the alternative insurers to Texas workers’ compensation are.
What Are Your Rights If Your Employer Is a Non-Subscriber?
If your employer has opted out of the Texas workers’ compensation program, you will likely need to file a civil lawsuit to recover compensation for any injuries or loss suffered in a workplace accident.
However, some employers choose to engage a private insurance company to administer their workers’ compensation claims.
Anchor Risk and Claims Management and Partner Source are two of the best-known companies that handle this.
Alternative Insurers to Texas Workers’ Compensation
If your employer is a non-subscriber, you may already be familiar with Anchor Risk Management or Partner Source.
These two companies are private insurance companies that Texas employers can pay to handle any workers’ compensation-type claims.
While Anchor Risk Management and Partner Source are not the only two private insurers that handle workers’ compensation-type claims, they are two of the largest in Texas.
These companies handle all aspects of your personal injury claim, just like the workers’ compensation system would.
However, if your employer is a non-subscriber and Partner Source or another private insurer is handling your claim, it is important to speak with an attorney as soon as possible.
Unlike when your claim is handled by the workers’ compensation system, a private resolution of your claim means that you do not give up your right to sue.
To help ensure that you get the best care and compensation possible, speak with an attorney who specializes in non-subscriber cases right away, so we can help you through every aspect of your care.
How Non-Subscriber Claims Differ from Other Employment Lawsuits
A non-subscriber claim is different from other employment lawsuits. You may have to sue your employer to get the care you need.
While you do have to show that the employer behaved negligently towards you, Texas law makes it challenging for employers who opt out of the workers’ compensation system or who engage with Partner Source or Anchor Risk services to fight these claims off.
How Armstrong Lee & Baker LLP Can Help
If you have been injured in a work accident and your employer is a non-subscriber, you may have questions as to how you will get the benefits you deserve.
Contact the Texas non-subscriber injury lawyers at Armstrong Lee & Baker LLP today to get the help you deserve.
Please contact us online or call us at 832-402-6637 for a free consultation.
Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world.
Frequently Asked Questions
Absolutely nothing. At Armstrong Lee & Baker LLP, our attorneys work on a contingency fee basis. This means that you owe us nothing unless we win your case, whether that’s in the form of a settlement or a judgment. We offer a free consultation to anyone who thinks they might have a personal injury case.
We suggest speaking with an attorney as soon as possible after your injury. Something to keep in mind is that all personal injury cases need evidence, and that evidence often degrades over time. As a result, many jurisdictions have a strict statute of limitations (or time limit) for filing a claim. In Texas, most victims have only two years from the date of injury to file, so it is important to start building your case immediately.
In the state of Texas, employers have the option of filing for workers’ compensation insurance. This policy covers them in case an employee suffers an injury on the job. However, some employers choose to be non-subscribers, which means they opt out of this coverage and lose certain legal protections. This means that if an injured employee sues them after a work injury, they may end up paying more damages. In addition, they may be liable for pain and suffering, punitive damages, and medical benefits. Learn more about non-subscriber injuries here.
The Texas Department of Insurance (TDI) keeps track of employers that report their non-subscriber status. Currently, you can find a spreadsheet of every reported non-subscriber business in Texas under TDI’s workers’ compensation insurance coverage verification page. This includes the business address, business name, and filing dates. Learn more here.
There are a few different ways to manage your bills while waiting for your case to settle. For medical treatment, it is common to arrange a lien with the doctor’s office or hospital. A medical lien is essentially an agreement to pay back your treatment costs with a portion of your potential settlement. Another option for miscellaneous bills, such as rent, utilities, or other essential expenses, is lawsuit funding. Much like a lien, you pay these loans back with a portion of your settlement or judgment. However, these loans have high interest rates and fees, so be sure to discuss this option with your attorney.