If you’ve been injured on the job in Texas, you might assume workers’ compensation will cover your medical bills and lost wages. But in Texas, not all employers participate in the state’s workers’ compensation system. Those who don’t are known as non-subscriber employers, and filing a claim against them is not as straightforward as a workers’ comp claim.
Unlike traditional workers’ comp claims, pursuing compensation from a non-subscriber typically requires that you prove negligence. That’s why it’s critical to understand your rights—and why hiring a trusted DFW work injury attorney can make all the difference.
What Is a Non-Subscriber Employer in Texas?
Texas is the only state that allows employers to opt out of the state-regulated workers’ compensation system. Companies that do are called non-subscribers. While this saves the employer money, it puts injured workers at a disadvantage.
Industries such as construction, hospitality, and retail often have a high rate of non-subscriber workplace injury claims in Texas, and employees may not even realize they’re unprotected until after an accident.
If you’re hurt while working for a non-subscriber employer, you won’t be able to turn to the workers’ compensation laws for relief. Instead, you may need to file a personal injury lawsuit to recover damages.
Risks and Legal Challenges Faced by Injured Workers
Because they are not subject to the state workers’ compensation system, non-subscriber employers are not required to follow workers’ compensation practices. As a result, workers often:
- Have no potential rights to medical care or wage replacement as provided by workers’ comp law
- Recover damages only upon proof of employer negligence
- May face retaliation or pressure to avoid reporting injuries
- Can be subject to unfair or delayed internal claim investigations
These legal challenges are why seeking remedies outside of the Texas workers’ comp system can be riskier for employees. You’re no longer dealing with an administrative claim—you’re filing a personal injury lawsuit against your employer, with all the requirements and complications involved in the litigation process.
Your Rights After a Non-Subscriber Injury
Despite the challenges, injured employees of non-subscribers still have strong rights under Texas law. If your injury was caused by the employer’s negligence—even in part—you may file a personal injury lawsuit and seek damages for the following:
- Unreimbursed medical expenses
- Lost wages and income, both past and for any future period of disability
- Physical and emotional pain and suffering
- Loss of enjoyment of life
- Loss of companionship and consortium
A Texas non-subscriber claim is likely to be based on a legal theory of negligence. Accordingly, the principle of comparative negligence applies to such claims, which means that your recovery can be reduced to the extent you shared fault for causing your injuries, and you may not recover anything if you were more than 50% at fault.
Why You Need a DFW Work Injury Attorney
If you’ve suffered a non-subscriber workplace injury in Texas, the process for pursuing a legal claim is far more complex than a workers’ comp claim. You must prove your employer’s negligence, which requires that you gather and preserve evidence, and you will often face aggressive defense attorneys or insurance companies.
A skilled work injury attorney can:
- Investigate your case and gather strong evidence
- Negotiate with your employer or their insurer
- Represent you in court if necessary
- Ensure you’re not pressured into an unfair settlement
Legal representation is especially crucial in non-subscriber claims, where every detail—from incident reports to witness statements—can influence your outcome.
Read Also: Michael Galyen on Non-Subscriber Job-Related Injuries
Let Bailey & Galyen Fight for Your Rights
At the law offices of Bailey & Galyen, we’ve helped countless injured Texans recover what they deserve—including those affected by non-subscriber workplace injuries.
Our experienced work injury attorneys understand how to hold negligent employers accountable and will fight for your full compensation.
For a free initial consultation, contact us online or call one of our convenient Texas offices. Our phones are answered 24 hours a day, seven days a week—because your recovery can’t wait. Se habla español.
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