832.402.6637Free Consultation
Hurt on the job? We’re here to fight for you. Armstrong Lee & Baker LLP delivers real results for serious injury victims.
In almost every state, the law requires employers to carry workers’ compensation insurance. This means that if you are injured, you will have your medical bills and wages paid if you cannot work. In most of these states, it does not matter how the injury happened, even if it’s the employee’s fault. The worker still gets paid. But Texas is different. Under Texas law, employers do not have to purchase workers’ compensation insurance for their employees.
The law says that employers do not have to “subscribe” to workers’ compensation insurance. The employers who take advantage of this law are called “non-subscriber” employers. Many of Texas’s largest employers—such as Walmart, Home Depot, Amazon, and Target—do not carry, or “subscribe to,” workers’ compensation insurance. If you work for a non-subscriber employer and are injured at work, your case is commonly called a non-subscriber case.
Under Texas law, employers do not have to purchase workers’ compensation insurance for their employees. The law says that employers do not have to “subscribe” to workers’ compensation insurance.
Employers who take advantage of this law in Texas are known as ‘non-subscriber’ employers. This non-subscriber law has created a need for attorneys who specialize in helping employees receive compensation for work-related injuries.
You may wonder what non-subscriber looks like. Many non-subscriber employers carry insurance that takes the place of workers’ compensation insurance. But it’s usually not the same and does not have the same protections.
Therefore it is crucial to contact a non-subscriber lawyer in Houston who focuses on representing seriously injured workers. Armstrong Lee & Baker LLP has been fighting for the rights of injured workers for many years.
Our Texas non-subscriber lawyers went into detail to explain what you need to know if your employer is not a subscriber to workers’ compensation.
With a basic Texas workers’ compensation injury, the worker is entitled to medical benefits and wage loss benefits if the injury prevents them from working. It does not matter if the employee was at fault and caused the injury.
If the employer was negligent and caused the worker to be injured, the employee cannot file a personal injury lawsuit against the employer for that negligence. The employer is shielded from negligence lawsuits as long as they agree to provide workers’ compensation coverage under Texas law. In contrast, non-subscriber work injury cases do not have this lawsuit protection, and employees can file actual lawsuits against their employers to prove that they were the cause of the injuries.
Unlike a regular workers’ compensation case, where the only recovery is medical and wage benefits, under a non-subscriber case, an injured worker can also win pain and suffering damages. This is the risk that non-subscriber employers take by not “subscribing” to the regular Texas workers’ compensation system.
“Every challenge is an opportunity for us to make a difference. Let’s work together to turn your personal injury journey into a successful path forward. ”
Scott Armstrong
Partner
We’ll fight for the compensation you deserve.
Non-subscriber cases are like other negligence cases, such as car and truck collisions, slip and falls, and defective products. If you can prove that the employer was negligent and violated a duty of care to the employee and that the violation was the actual cause of the injury, then the employee can file a lawsuit (just like a car accident lawsuit) against their employer and seek more damages.
Non-subscriber cases are more beneficial to the employee than a typical negligence case because the law prohibits an employer from arguing defenses to the case that other defendants can make. An experienced non-subscriber attorney can help you work out the contours of your case to increase your chances of getting the compensation you deserve.
Texas law makes it much more difficult for non-subscriber employers because, ultimately, the state of Texas wants its employers to have normal workers’ compensation coverage for their employees. The law is structured so that employers cannot use the normal defenses that a defendant can use in a regular negligence case.
Here are the defenses that are not allowed to be used by non-subscriber employers:
However, a post-injury waiver is a valid defense that can be used. For example, if a worker was injured and the employer offered the employee a sum of money to sign a waiver, this would prevent the worker from filing a lawsuit. If this is offered please talk to our non-subscriber lawyer today.
The Texas non-subscriber law does not require non-subscriber employers to do anything for their injured employees. They can, if they so choose, provide certain benefits such as medical and wage loss benefits. Although some non-subscriber employers have insurance policies that are similar to workers’ compensation policies to provide some money to injured workers, the injured worker would still be able to file a lawsuit against their employer.
Some work injuries are minor and require minimal treatment and only a small amount of time off work. If the non-subscriber employer agrees to take care of the medical bills and pay the employee the lost wages, then most of the time, no further action is taken. However, other work injuries are significant and may result in the employee becoming permanently disabled or the loss of life due to the work accident.
Texas non-subscribers are liable to provide several benefits to injured workers, including:
That is why it is in the best interest of an employee to hire a law firm that focuses its practice on representing injured workers and fighting for their rights especially when it comes to Texas non-subscriber workers’ compensation law.
Contact our Texas workers comp lawyers today. If you have been seriously injured in a work accident and your employer is a non-subscriber and does not have workers’ compensation insurance coverage, you may have questions about how you will get the benefits you deserve.
Contact the Houston work injury lawyers at Armstrong Lee & Baker LLP today to get the help you deserve. Please contact us online or call us for a free consultation at 832-402-6637.
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.
Client Reviews
Google Review 
I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.
Google Review When I got injured my company didn’t have workers comp. They had something called non subscriber insurance. I tried a dozen or more lawyers and no one would take my case. I lost my house in Texas so right as I was moving back to where I was from, Florida, I called Armstrong Lee & Bkaer. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take. Over the next year, Adam because a friend and a member of the family. I found him brilliant and personable and when needed he found for me. In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me! If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!
Google Review I had been injured at work, and the attorneys at Armstrong Lee & Baker fought for what I was owed. I’m graciously appreciative for their attentiveness and swiftness with handling my case. Shout out to Lindsey W.
Google Review When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!
View More Reviews on Google Maps.
Workers’ compensation is a state-regulated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. In Texas, participation in the workers’ comp system is optional for private employers. When an employer subscribes, injured workers are typically limited to receiving medical care and a portion of lost wages—but cannot sue their employer for negligence, even if the company was at fault.
A non-subscriber is a Texas employer that has chosen not to carry traditional workers’ compensation insurance. These employers “opt out” of the state system. While non-subscribers may provide their own form of injury benefit plans, they lose the legal protections that subscribing employers enjoy. That means injured employees can file a lawsuit for negligence and recover more comprehensive damages—such as pain and suffering, full lost wages, and future medical costs.
Workers’ compensation insurance coverage in Texas typically includes:
However, it limits an employee’s ability to sue the employer, even in cases of gross negligence.
Employers who subscribe to the Texas workers’ compensation system are generally protected from lawsuits by injured workers, even when the employer’s own negligence caused the injury. The tradeoff is limited liability: the system caps the compensation that workers can receive. For instance, there’s no recovery for pain and suffering, and lost wages are only partially reimbursed.
For employees under the workers’ compensation system, benefits include:
These benefits are limited in scope and value compared to what may be recoverable in a lawsuit against a non-subscriber.
You can check whether your employer carries workers’ compensation insurance through the Texas Department of Insurance, Division of Workers’ Compensation (DWC). Their website allows you to search your employer’s name. You can also ask your employer directly. They are legally required to inform employees if they have opted out of the Texas workers’ compensation system. If your employer has its own workplace injury plan or requires you to report injuries internally rather than to the state, that’s often a sign they are a non-subscriber.
Companies often opt out of the Texas workers’ compensation system to:
However, opting out comes with greater legal risk: if the employer is even 1% at fault for the injury, they can be held fully liable in a personal injury lawsuit—and cannot blame co-workers or the employee for their own injuries.
Not necessarily. While non-subscribers aren’t part of the state system, employees may actually have stronger legal protections. If a non-subscriber’s negligence contributed to your injury in any way, you may be entitled to file a personal injury lawsuit and recover full damages, including:
At Armstrong Lee & Baker LLP, we’re relentless in holding non-subscribers accountable for unsafe work conditions and helping injured workers rebuild their lives.
Non-subscriber cases can involve almost any workplace injury, including:
If your employer failed to provide a safe workplace, adequate training, or proper equipment, and you were hurt as a result, you may have a strong claim—even if the company has its own internal injury policy.
Trusted Personal Injury Attorneys in Houston
Find out if you have a case or ask us a question
by filling out the form below or call us at 832-402-6637
Armstrong, Lee & Baker did an absolutely wonderful job with my case. The resolution of my case was above and beyond what I expected! Shruti, the associate who handled my case showed great professionalism and I could not be more satisfied with the outcome. Thank you all!...
Josh Lee has been the best lawyer. He fights hard for you and will not give up until you are paid what you deserve. We were very fortunate to find him and his team. Any questions or concerns he was available day and night to answer anything we needed!
I had a great experience with this law office. The team communicated effectively and provided clear timelines for my accident case. Their professionalism and transparency made the process smooth. I highly recommend!! Emma Coomes and Dennise were amazing !
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.
We are available 24/7 to speak with you
Trusted Personal Injury Attorneys in Houston
Find out if you have a case or ask us a question
by filling out the form below or call us at 832-402-6637
Call Us: 832-402-6637
watch our video 
Call
Message
Chat
Schedule