Posted & Reviewed by Joshua Lee - Jul 16th 2025
No one heads into work expecting to get hurt. Still, when an injury happens, especially at a company like Sam’s Club that doesn’t participate in Texas Workers’ Compensation, it can leave you with more questions than answers. At Armstrong Lee & Baker LLP, we’re here to help you understand your legal options when your employer isn’t part of the state system. Sam’s Club Workers’ Comp Claims in Texas often come with unique legal challenges that require quick, informed decisions to protect your interests.
We’ll fight for the compensation you deserve.
Sam’s Club, like many large employers in Texas, is classified as a non-subscriber. This means they do not participate in the state’s workers’ compensation system. Without this state-backed coverage, injured workers must pursue compensation directly from the company through a personal injury claim. According to Legal Clarity, unlike the no-fault system used in workers’ compensation, non-subscriber claims require the injured employee to prove that the employer was negligent in order to recover damages. That legal standard places more responsibility on the worker to clearly demonstrate how the company’s negligence led to the injury
Employees hurt at work can potentially recover compensation for medical bills, lost wages, pain and suffering, and more, but they must prove that Sam’s Club’s negligence contributed to the injury.
To succeed in a claim against Sam’s Club, workers must first identify how the company failed to keep them safe. Was there inadequate training? Unsafe equipment? A lack of enforcement around safety protocols? These are the core areas we explore when evaluating whether Sam’s Club acted negligently.
For example, warehouse workers often handle heavy merchandise and operate equipment like forklifts. If safety training is rushed or missing, or if equipment is defective and never repaired, the company could be held liable.
To prove negligence, you must show:
Many successful claims rely on supporting evidence such as photos, witness statements, accident reports, and, in some cases, expert evaluations like mechanical safety inspections or medical records.
Being a non-subscriber changes everything. Without workers’ compensation coverage, Sam’s Club loses certain legal protections that other employers enjoy. Most importantly, they can’t use the employee negligence defense in court.
Texas employers who choose not to participate in the state’s workers’ compensation system are required to notify the Division of Workers’ Compensation. This official notice form (DWC Form-005) confirms an employer’s non-subscriber status and is a matter of public record. If Sam’s Club has filed this form, it supports the classification of your claim as a non-subscriber case.
This means if Sam’s Club was even 1% responsible for your injury, they may owe compensation. That changes the typical standard applied in workplace injury claims and can be a major advantage for injured employees.
However, non-subscriber cases are typically resolved through lawsuits rather than insurance claims, which means a more formal, sometimes longer, process.
We build each case by starting with a thorough investigation. That may involve reviewing documents, gathering witness statements, and assessing the broader workplace context. Then we tailor our legal strategy based on what the evidence supports and what your recovery requires, particularly in complex situations involving Sam’s Club Workers’ Comp Claims in Texas.
Some workers think they need to handle their case alone, especially if Sam’s Club makes promises or offers quick settlements. That’s risky. Once you accept a payout, your options may be limited.
To initiate a lawsuit, you must first gather all necessary documentation: injury reports, witness accounts, employment records, and medical evaluations. From there, your legal team will prepare a formal complaint and determine the appropriate venue for filing based on the details of your case.
Sometimes, other parties may also be liable. For instance, if faulty equipment caused your injury and a third party manufactured it, you might have an additional claim.
Liability often extends beyond a single act. We evaluate the entire chain of events leading to the injury:
Uncovering the full picture helps clarify the circumstances surrounding the incident and may support a negligence claim.
An effective legal strategy rarely rests on one claim alone. Depending on your case, we may explore options such as:
This approach can help address different aspects of workplace injury cases and anticipate possible counterarguments from the company.
While non-subscriber employers like Sam’s Club don’t provide state-regulated benefits, you may still be entitled to compensation for:
Keep in mind, these benefits aren’t automatic. They may require negotiation or litigation to pursue successfully.
Getting injured on the job brings a lot to manage—medical appointments, missed work, and legal questions that can feel overwhelming. At Armstrong Lee & Baker LLP, we help injured Sam’s Club employees understand their options and consider what steps may be appropriate under Texas law.
Contact us today at 832-402-6637 to learn how we can help guide you through Sam’s Club Workers’ Comp Claims in Texas.
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