How do I know if my employer is a non-subscriber?

Your employer should notify employees whether it has workers’ compensation coverage. You may see a posted workplace notice, receive written notice when hired, or confirm coverage through Texas workers’ compensation coverage through the Department of Insurance Division of Worker’s Compensation’s Coverage Verification tool.

Can I sue my employer if it does not have workers’ compensation insurance?

A lawsuit may be possible in some non-subscriber cases, but the worker generally must prove negligence by the employer or someone acting within the scope of employment. The facts of the injury, the available evidence, and any documents signed after the injury can all determine whether an injured worker has a claim against a non-subscriber.

Is a non-subscriber benefit plan the same as workers’ compensation?

No. A private workplace injury benefit plan may provide certain benefits, but it is not the same as Texas workers’ compensation coverage. The plan documents should be reviewed carefully because they may contain limits, deadlines, or other requirements.

What should I do after being injured while working for a non-subscriber?

Seek medical attention, report the injury, preserve any evidence you can, and keep copies of paperwork related to the accident and your medical care. Be careful about signing releases, waivers, or other documents before you understand how they could affect your options.

Does the employer have to pay damages just because it is a non-subscriber?

No. Non-subscriber status does not automatically make the employer liable. The injured worker must prove negligence and damages. However, Texas law limits certain defenses that non-subscriber employers may otherwise try to use.

Workers' Compensation Archives

July 2, 2026 by Bailey & Galyen

Workers’ Compensation

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