Texas Non Subscriber Employers: What Injured Workers Need to Know
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Texas Is the Only State Where This Happens
Texas is the only state in the country where employers can choose not to carry workers’ compensation insurance. These companies are known as non‑subscriber employers, and if you’re injured while working for one, your rights — and your potential compensation — look very different from a traditional workers’ comp claim.
Many injured workers don’t realize that non‑subscriber employer cases can actually provide far greater compensation than workers’ comp. But, they’re also more complex, more aggressively defended, and more time‑sensitive.
This guide breaks down exactly what a non‑subscriber employer is, what rights you have, and how to protect yourself after a workplace injury.
What Is a Non Subscriber Employer in Texas?
A non‑subscriber employer is a company that chooses not to participate in the Texas workers’ compensation system. Instead of paying into the state system, they take on the risk of workplace injuries themselves.
Why employers opt out:
- Lower insurance costs
- More control over claims
- Ability to choose their own injury policies
Why this matters to you:
If you’re injured while working for a non‑subscriber, you cannot file a workers’ comp claim — but you can file a personal injury lawsuit directly against your employer.
And that opens the door to damages that workers’ comp never provides. This means it is so important to talk to a work injury lawyer as soon as possible.
Frequently Asked Questions About Texas Nonsubscriber Employers
A company that chooses not to carry Texas workers’ comp insurance.
Yes. You can file a personal injury lawsuit for full damages. It is important to discuss these claims with a work injury lawyer, like MLF Legal.
Medical bills, lost wages, pain and suffering, and more.
Their defenses are limited — they cannot blame co‑workers or claim you assumed the risk.
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.
Your Rights Against a Non Subscriber Employer
When an employer opts out of workers’ comp, they lose several legal protections. This is where your leverage comes in.
✅ You can sue your employer for negligence
Workers’ comp normally shields employers from lawsuits. Non‑subscribers do not get that protection.
✅ You can recover full damages
Unlike workers’ comp, which limits benefits, a lawsuit allows you to recover:
- Full medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Punitive damages (in cases of gross negligence)
✅ Employers have limited defenses
Texas law restricts what non‑subscriber employers can argue. They generally cannot claim:
- You assumed the risk
- A co‑worker caused your injury
- You were partially at fault (comparative negligence is limited)
This makes non‑subscriber cases powerful — but employers fight them aggressively.
Common Non Subscriber Employers in Texas
Non‑subscriber employers are more common than most workers realize. They include:
- Retail chains
- Restaurants
- Construction companies
- Warehouses and distribution centers
- Manufacturing plants
- Oilfield service companies
- Transportation and delivery companies
If you’re unsure whether your employer is a non‑subscriber, you can check through the Texas Department of Insurance or ask an attorney to verify.
How Non Subscriber Employers Try to Protect Themselves
Because non‑subscriber cases can lead to large verdicts, employers often take steps to limit their exposure.
Common tactics include:
- Pressuring workers not to report injuries
- Sending injured employees to “company doctors”
- Offering quick, low‑value settlements
- Blaming the worker for the accident
- Retaliating or threatening job loss
- Delaying or denying medical care
If any of this sounds familiar, it’s a red flag and you should consult with a work injury lawyer immediately.
Examples of Non Subscriber Negligence
Non‑subscriber cases often involve unsafe working conditions, inadequate training, or ignored safety rules.
Common scenarios:
- Falls from ladders or scaffolding
- Forklift or heavy equipment accidents
- Slip‑and‑fall hazards
- Overexertion or lifting injuries
- Machinery malfunctions
- Chemical or burn injuries
- Lack of protective equipment
If employer negligence contributed to your injury, you may have a strong case.
What to Do If You’re Injured Working for a Non Subscriber
✅ 1. Report the injury immediately
Document it in writing and keep a copy.
✅ 2. Get medical treatment right away
You can usually choose your own doctor.
✅ 3. Don’t sign anything
Non‑subscribers often push injured workers to sign waivers or releases.
✅ 4. Don’t give a recorded statement
Insurance adjusters will use your words against you.
✅ 5. Contact a workplace injury lawyer
These cases move fast — and employers act quickly to protect themselves.
At MLF Legal, we’ve handled countless non‑subscriber cases and know exactly how to build strong claims.
Conclusion: Non Subscriber Cases Are High Value — But High Risk Without a Work Injury Lawyer
If your employer doesn’t carry workers’ comp, you may have a powerful claim — but only if you act quickly and strategically. Non‑subscriber employers fight hard to avoid liability. You deserve someone who fights harder.
📞 Injured working for a Texas non‑subscriber employer?
You may be entitled to full compensation.
Contact MLF Legal today for a free consultation.
You pay nothing unless we win.
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