If you were injured at work and your employer does not carry workers’ compensation insurance, your rights may be very different from most workplace injury claims. In Texas, some employers choose to operate as “non-subscribers,” which means injured employees can often file a negligence lawsuit directly against the company. These cases are not traditional workers’ compensation claims and they may allow you to recover full damages, including pain and suffering, lost wages, and medical expenses.
Below, we answer the most common questions about non-subscriber work injuries, employer negligence, filing deadlines, and how a Texas work injury lawyer can help protect your rights.
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.
Texas is unique among all the states when it comes to workers’ compensation law. Many employers “opt out” of subscribing to the state’s workers’ comp system. If your employer is a “non-subscriber,” your claim will be handled more like a personal injury lawsuit. If it has opted-in, your case will be treated as a regular workers comp case.
If your employer is a non-subscriber, you still have the right to pursue compensation for workplace injuries. You may be able to file a personal injury lawsuit to recover damages for medical bills, lost wages, pain and suffering, and permanent disability. Non-subscriber employees have the right to seek full recovery from negligent employers, even without workers’ compensation coverage.
Any injury caused by unsafe working conditions or employer negligence may form the basis of a claim. This includes fractures, burns, back and neck injuries, chemical exposure, or repetitive stress injuries. Armstrong Lee & Baker LLP evaluates all injuries thoroughly to ensure that your medical needs and financial losses—both present and future—are considered in your case.
Do not give up. Employers and insurers deny many claims at first. But with an attorney’s help, those denials can often be appealed or turned into fair settlements.
Yes. Since non-subscriber employers do not provide insurance networks, you can seek care from any qualified medical professional. It’s important to document all treatment, follow your doctor’s recommendations, and keep detailed records. Our attorneys help clients maintain accurate medical records to support full compensation claims.
Lost wages are calculated based on your actual earnings at the time of the injury, including overtime and benefits. Unlike workers’ compensation, non-subscriber claims can recover full income lost due to the injury, including future earning capacity. Our attorneys make sure all financial impacts of your injury are properly accounted for.
Personal injury lawsuits against non-subscriber employers in Texas generally must be filed within two years from the date of the accident. Occupational illnesses may have different deadlines. Acting promptly is critical to protect your rights and preserve evidence. Armstrong Lee & Baker LLP ensures all deadlines are met while building a strong case.
Yes. Non-subscriber claims can be complex, and employers often defend aggressively against lawsuits. An experienced attorney can preserve evidence, gather expert testimony, negotiate effectively, and fight in court if necessary. Armstrong Lee & Baker LLP advocates for injured workers to ensure they receive full compensation for medical costs, lost wages, and long-term impacts.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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