Posted & Reviewed by Joshua Lee - Jul 09th 2025
Suffering an injury while employed at McLane Foodservice Distribution, Inc. can raise urgent questions about how Texas workers’ compensation laws apply, especially when dealing with a non-subscriber employer. Unlike traditional workers’ comp coverage, non-subscriber status changes the entire legal landscape, including how compensation is processed and whether legal action is an option. At Armstrong Lee & Baker LLP, our team stands ready to advocate for injured Texas workers pursuing non-subscriber claims with confidence and clarity.
We’ll fight for the compensation you deserve.
McLane Foodservice Distribution, Inc. operates high-demand warehouse and delivery systems. Employees often face physically strenuous tasks such as heavy lifting, operating forklifts, and working in fast-paced environments. These working conditions can lead to a range of injuries, including:
When an injury happens on the job, your medical bills, lost wages, and long-term earning capacity are at stake. Knowing how to protect your rights is crucial.
Texas is unique in that it doesn’t require all employers to subscribe to the state’s workers’ compensation system. Companies like McLane Foodservice have opted out of this system, making them “non-subscribers.“
McLane is a non-subscriber, meaning they do not have immunity from personal injury lawsuits. As an employee, you may have the right to file a direct claim against them for negligence. Unlike traditional workers’ compensation, non-subscriber claims allow you to pursue damages for pain and suffering, in addition to medical costs and lost income.
Non-subscriber employers must still provide some form of injury benefit plan, but these are often restrictive and may not fully cover your losses. Understanding the limits of these plans is essential to protecting your legal rights.
Your immediate actions after a workplace injury can significantly affect your ability to secure compensation. Follow these steps carefully:
In a traditional workers’ compensation system, employees are often limited to medical and wage-loss benefits. In contrast, non-subscriber claims open the door to broader damages.
In Texas, if your employer is a non-subscriber, you may be eligible to sue them for negligence. You must prove that their failure to provide a safe workplace caused your injury. Common examples of employer negligence include:
The Texas Department of Insurance confirms that non-subscribers must report work-related injuries and disclose their status to employees. Filing a claim against a non-subscriber typically involves civil litigation and often results in better compensation than traditional claims.
Texas law allows private employers to opt out of the state’s workers’ compensation system, provided they meet specific reporting and disclosure requirements. While this flexibility benefits some employers, it complicates the process for injured workers.
The Texas Labor Code §406.002 outlines the employer’s option to be a non-subscriber, but doing so removes the legal immunity typically granted to subscribers. Therefore, employers like McLane Foodservice may be more vulnerable to legal action.
It’s important to note that Texas does not offer state-provided legal assistance for non-subscriber claims. This makes experienced legal representation not just helpful, but necessary.
McLane’s large-scale logistics operations create numerous injury risks. If you’re hurt while lifting cargo, operating machinery, or making deliveries, you could face steep medical bills and time off work.
McLane is a non-subscriber, which means you are not bound by the limits of traditional workers’ compensation. You may be entitled to bring a personal injury claim and pursue full damages. However, McLane may offer a benefit plan that restricts your rights, including arbitration agreements that waive your right to trial.
You should never assume that McLane’s internal process is your only option. Many workers accept minimal benefits without understanding their rights under Texas law. Speak to an attorney before making any decisions.
When you pursue a non-subscriber claim, your compensation may include:
Texas courts may also award punitive damages if the employer’s negligence was gross or willful. The ability to sue in civil court gives injured workers more leverage and potential recovery than standard workers’ comp cases allow.
Unlike standard benefits, non-subscriber claims can be tailored to the specific harm you suffered, from emotional trauma to permanent disability. This makes a non-subscriber claim particularly powerful in securing meaningful justice.
If you were injured while working for McLane Foodservice Distribution, Inc., you may have the right to pursue compensation beyond what their internal benefit plan provides. Armstrong Lee & Baker LLP is here to help you understand your rights and guide you every step of the way. We only get paid if you win. Contact us today for a free consultation and protect your future now.
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. Our lawyers have 25+ years of combined experience.
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.
Texas is one of the few states in the nation that does not require employers to provide workers’ compensation insurance to employees. However, if an employer subscrib...
Posted by Scott Armstrong
While every job presents its fair share of risks to employees, few occupations are as dangerous as warehouse jobs. Warehouse injuries are extremely common. Ac...
Posted by Scott Armstrong
What Is a Non-Subscriber Employer? A non-subscriber employer is a business that decides not to carry traditional workers' compensation insurance. Instead, they create ...
Posted by Scott Armstrong
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