Handling a Manufacturing Work Injury Case as a Non-Subscriber in Texas

It’s an unfortunate truth that work injuries, while often costly and inconvenient, are not all that uncommon. In fact, in 2024 alone, around 2.5 million workplace injuries were reported.

Knowing that, it is important that you, as an employee, understand your rights and options available to you, should you be put in that situation.

Of course, that’s easier said than done. Work injury cases often come with confusing language, hoops to jump through, and negotiations with your employer. That can be doubly true if your employer operates as a non-subscriber in Texas.

Non-subscribers are an alternative to workers comp available in Texas where companies can decide to not participate in workers comp insurance and elect to handle things themselves. This means that filing a claim requires a different set of steps, and more self-advocacy than a traditional workers compensation claim, made through insurance.

We’re here to help you understand all the intricacies of a manufacturing work injury for non-subscribers including:

• What it means to be a non-subscriber
• What options are available to you
• What damages you may be able to recover

What Is A Non-Subscriber?

Let’s start with the basics: what does it mean if your workplace is a non-subscriber?

Most workplaces opt to offer workplace compensation insurance. When you are injured and file a compensation claim, the amount of money awarded to you is worked out between your legal representation and the insurance company.

However, in Texas businesses can choose to be a non-subscriber. This means that they do not offer workers compensation through an insurance company. Instead, they offer settlement packages and may have more restrictions around what they will and won’t cover in terms of medical care and leave.

This independent approach ends up working in favor of the business, rather than the injured employee. Employees are often offered initial sums of money that are much lower than what a claim is worth. And non-subscribers are becoming increasingly more frequent among major Texas corporations, with the list including:

• Amazon
• Costco
• Sam’s Club
• Dollar General
• Home Depot
• Target
• Walmart
• American Bottling Company (Coca-Cola, Dr. Pepper, Keurig)
• Dollar Tree
• Family Dollar
• LKQ
• Macy’s
• McDonald’s (some locations)
• McLane Foodservice Distribution, Inc.
• O’Reilly Auto Parts
• Oak Farms Dairy

How Is My Compensation Handled?

The tricky part about non-subscriber claims is that they technically fall under negligence laws, rather than the traditional rulings that come with workers compensation claims. This means that your employer can be held fully liable if negligence is proven.

Proving negligence can take time, though. It is not uncommon for corporations to offer a quick settlement, in order to avoid further investigation. Oftentimes, this number will be low, and not cover all damages. Because of the speed at which these settlements are offered, they future medical care, loss of work, and rehabilitation aren’t factored into the final number.

How Is My Medical Care Covered?

Companies operating as a non-subscriber will sometimes cover your medical care. However, there are often restrictions around who you are allowed to receive care from.

They may refer you to a specific set of doctors or practitioners, which can limit your choice and options.

What Qualifies As A Manufacturing Workplace Injury?

Manufacturing jobs carry unique risks for injury for its workers. All of the following may be considered a manufacturing workplace injury, worthy of filing a claim:

• Chemical Exposure – If you’re working with dangerous chemicals that lead to chemical burns, accidental ingestion, or exposure, you may be entitled to damages
• Repetitive Motion Injuries – Manufacturing jobs often can be repetitive in daily activities leading to stress on the body, and slow-growing injuries.
• Injury From Machinery – Working with large machines can be inherently dangerous. Injury from machinery that is either poorly operated or maintained can be used as a reason to file a workplace injury claim.
• Improperly Maintained Workspaces – Commercial properties go through a lot of wear and tear. From improperly maintained flooring, doorways, or ceilings, injuries caused by the building itself count towards a work injury claim.

Understanding Workers Compensation Vs. A Personal Injury Lawsuit

Workers compensation and personal injury lawsuits may seem similar on the surface, but legally they come with very different requirements. Most of which comes down to understanding the difference between fault and negligence in the legal system.

Negligence & Personal Injury

Personal injury cases are filed based on the assumption that the injury was caused on behalf of negligence on the company’s part.

Negligence can be defined as failure to take reasonable action to maintain the safety of the property and your workers. In order for a personal injury lawsuit to be filed, you must be able to prove negligence of the other party.

For example, if a manufacturing worker is injured due to machinery not receiving scheduled maintenance, you could claim that your company was negligent.

Fault & Worker’s Compensation

Worker’s compensation follows a different set of standards than personal injury cases. In these cases, negligence does not have to be proven in order for compensation to be received.

This means that things such as injuries from repetitive motion, incorrect operation of machinery, or accidental chemical exposure can all be cause for you to receive compensation, even if no mistakes were made on behalf of your employer.

What Damages Can I Recover Through A Non-Subscriber?

Non-subscriber businesses are subject to negligence laws, meaning that you are able to file personal injury lawsuits against them. This means that when recovering damages you will have to prove that your injury has been caused by negligence.

It also requires you to prove a loss of income directly related to negligence. This can come in the form of:

• Hospital and medical bills
• Loss of income from not being able to work
• Ongoing therapy
• Reduced ability to work your previous position, post-injury
• Physical pain and mental distress

In order to calculate an exact number based on these factors, we always recommend working with an experienced personal injury lawyer.

Client Reviews

What our clients are saying about us

Kirby C.

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.

Toby B.

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!

Majah W.

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.

Toby B.

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.

I’ve Been Injured in a Work Accident. What Are My Next Steps?

If you’ve found yourself reading through this post, it is likely that you or someone you love has been injured in their workplace. Taking quick action is crucial in order to ensure that you have legal protections in place.

1) Seek Medical Care

The most important thing is to make sure that you are receiving medical care. Delaying getting your injuries looked at can cause you more harm in the long run. Beyond the practical side or getting treatment, delaying medical care may weaken your case in a court of law.

2.) Follow The Prescribed Treatment Plan

Insurance companies will be on the lookout for any deviation from a doctor’s orders, in order to diminish your case. Be sure to take all medications as prescribed, and follow up with any specialists you are referred to.

3.) Keep Track Of All Payments

It’s vitally important that you keep track of all receipts and bills associated with your medical care. These will become key pieces of evidence in your case, if you choose to pursue legal action.

4.) Contact an Experienced Personal Injury Lawyer

Non-subscriber cases require an in-depth knowledge of the distinctions between a personal injury case and a workers compensation case. We recommend reaching out to a law firm that specializes in personal injury cases, for the best guidance through the process.

How Our Manufacturing Work Injury Lawyers Can Help

At Armstrong, Lee & Baker, our goal has been the same since day one; provide our clients with expert legal guidance and unbeatable customer care. Your experiences matter to us, and so does justice. We’ll help you navigate the waters of your non-subscriber manufacturing work injury case, so that you can receive compensation, confident that you are getting what you deserve.

Reach out to our team today to get started!

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

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