How to Tell if Your Employer Is a Nonsubscriber in Texas
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Why It Matters Whether Your Employer Carries Workers’ Comp
Texas is the only state that allows private employers to opt out of workers’ compensation insurance. These employers are called nonsubscribers, and the difference is huge:
- If your employer carries workers’ comp, you generally cannot sue them.
- If your employer is a nonsubscriber, you can sue them for negligence — and they lose key legal defenses.
Knowing your employer’s status is critical after a construction accident. At MLF Legal, our construction accident lawyers help injured workers determine if they are dealing with a nonsubscriber employer and what legal options they have.
What Is a Nonsubscriber Employer in Texas?
A nonsubscriber is a company who chooses not to participate in the Texas workers’ compensation system. Instead of providing workers’ comp benefits, they may offer:
- Private occupational injury plans
- ERISA plans
- Short‑term disability
- No coverage at all
These alternatives do not provide the same protections as workers’ comp — and they do not prevent lawsuits.
How to Tell If Your Employer Is a Nonsubscriber
Here are the most reliable ways to find out:
1. Your Employer Must Tell You — in Writing
Texas law requires nonsubscriber employers to:
- Notify employees in writing
- Post notices in common areas
- Provide written notice at hiring
If you never received a workers’ comp notice, your employer may be a nonsubscriber.
Frequently Asked Questions About How To Tell If Your Employer Is A Nonsubscriber In Texas
Check your hiring paperwork, pay stubs, posted notices, or ask HR directly. Employers must disclose their status.
You may sue them for negligence, and they lose key defenses under Texas law.
Yes. Occupational injury plans and ERISA plans are not workers’ comp.
Yes. Nonsubscriber employers can be sued for unsafe conditions, lack of training, or defective equipment.
The Texas Department of Insurance maintains a public database of nonsubscriber employers.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
2. Check Your Pay Stub or HR Documents
Workers’ comp subscribers often list:
- “Workers’ Compensation Insurance”
- Carrier name
- Policy number
If you see references to:
- “Occupational injury plan”
- “ERISA plan”
- “Work injury benefit plan”
- “On‑the‑job injury program”
…your employer is likely a nonsubscriber.
3. Ask HR Directly
You can ask:
“Does our company carry Texas workers’ compensation insurance?”
They must answer truthfully. If they say:
- “We have our own injury plan”
- “We don’t use the state system”
- “We have private coverage”
…that means they are a nonsubscriber employer.
4. Check the Texas Department of Insurance (TDI) Database
TDI maintains a public list of employers who report their nonsubscriber status.
If your employer appears on that list, they do not carry workers’ comp.
5. Look at How Your Injury Was Handled
If your employer:
- Sends you to a company doctor
- Requires you to sign forms before treatment
- Offers limited benefits
- Denies coverage for certain injuries
- Requires arbitration
…these are all signs of a nonsubscriber injury plan, not workers’ comp.
Why Employers Choose to Be Nonsubscribers
Many Texas construction companies opt out because:
- Workers’ comp premiums are expensive
- They want more control over injury claims
- They want to limit benefits
- They want to require arbitration
But opting out comes with a major consequence:
✅ Nonsubscriber employers can be sued for negligence
✅ They lose key defenses, including:
- Assumption of risk
- Coworker negligence
- Comparative fault
This makes nonsubscriber cases powerful for injured workers. 1% negligence equals 100% liability!
What to Do If Your Employer Is a Nonsubscriber
- Do not sign anything without legal review
- Get medical treatment from a doctor you trust
- Document unsafe conditions
- Preserve evidence
- Contact a construction injury lawyer
Nonsubscriber employers often try to limit claims — early legal help is essential.
Speak With a Texas Construction Injury Lawyer Today
If you suspect your employer is a nonsubscriber, you may have the right to sue for full compensation. In these types of claims, you can assert damages that you can’t get in a regular workers’ compensation claim. So, it’s important to talk to a construction injury lawyer who knows workers’ compensation as well, like the lawyers at MLF Legal.
📞 Call MLF Legal at 214‑357‑1782
💻 Or fill out our online form for a free consultation
We only get paid if we win your case.
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.