Texas Oil Field Nonsubscriber Employers — What Injured Workers Need to Know
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Texas Nonsubscriber Employers in the Oil Industry — What Workers Need to Know
The oil and gas industry drives the Texas economy — but it also leads the state in serious workplace injuries and fatalities. What many workers don’t realize is that not all oil companies carry workers’ compensation insurance.
These employers are called “nonsubscribers.” And if you’re hurt while working for one, your rights — and the way you recover compensation — are very different.
At MLF Legal PLLC, our oil field nonsubscriber claims attorneys represent injured oil-field workers throughout Texas, including those employed by nonsubscriber companies. Here’s what you need to know if this applies to you.
1. What Is a Nonsubscriber Employer?
In most states, employers must carry workers’ compensation insurance. But Texas is the only state that makes it optional.
A company that chooses not to subscribe to the state’s workers’ compensation system is called a nonsubscriber employer. Instead of filing a workers’ comp claim, injured employees must file a negligence lawsuit directly against the employer.
This system saves companies money — but it shifts the risk onto workers. If an employer’s negligence caused your injury, you can sue them directly under Texas law.
2. What Rights Do Injured Workers Have Against Nonsubscriber Employers?
If you’re hurt working for a nonsubscriber employer, you have the right to seek full compensation through a personal injury lawsuit.
This can include:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
Unlike workers’ comp, there’s no cap on damages in nonsubscriber cases — and you don’t have to rely on the limited benefits of the state system.
3. Common Negligence Claims Against Nonsubscriber Employers
To win a nonsubscriber case, you must prove that your employer was negligent — meaning they failed to provide a reasonably safe workplace.
Common examples in oil-field operations include:
- Failure to train workers properly
- Inadequate safety equipment or PPE
- Improper supervision or lack of hazard warnings
- Defective machinery or equipment
- Excessive hours or dangerous work schedules
Oil field jobs involve heavy equipment, high-pressure systems, and explosive materials. When safety shortcuts happen, the results can be catastrophic — and legally actionable.
Texas Oil-Field Nonsubscriber Injured Workers – Q&A
1. What does it mean if my Texas oil employer is a nonsubscriber?
A nonsubscriber is a Texas employer that has opted out of carrying workers’ compensation insurance. Injured oil-field workers must pursue compensation through a personal injury lawsuit instead of workers’ comp.
2. Can I sue my oil company if they don’t have workers’ comp?
Yes. If your oil-field employer is a nonsubscriber and their negligence caused your injury, you may file a personal injury lawsuit seeking full compensation, including pain and suffering.
3. How do I find out if my oil-field employer is a nonsubscriber?
A Texas oil-field injury attorney can verify your employer’s status using state databases and corporate filings. Do not rely solely on what your employer tells you.
4. What damages can I recover in a Texas nonsubscriber oil-field claim?
Damages may include full medical expenses, lost wages, future earning capacity, pain and suffering, mental anguish, and physical impairment. Unlike workers’ comp, nonsubscriber claims are not capped.
5. What types of oil-field accidents lead to nonsubscriber lawsuits?
Common accidents include equipment failures, explosions, falls, crushing incidents, toxic exposure, and transportation accidents involving rigs or work trucks.
6. What defenses can a nonsubscriber employer NOT use in Texas?
Texas nonsubscriber employers cannot claim the employee caused the injury, assumed the risk, or that a co-worker caused the accident. This strengthens injured workers’ legal claims.
7. Should I accept a quick settlement from my oil company after an injury?
No. Early settlements are often far below the true value of your claim. You should never sign waivers, releases, or statements without legal advice.
8. How long do I have to file a Texas nonsubscriber oil-field injury lawsuit?
Most Texas injury claims must be filed within two years, but acting immediately helps preserve evidence and strengthen your case.
9. Do I need a lawyer for a Texas nonsubscriber oil-field injury claim?
Yes. Nonsubscriber cases are full negligence lawsuits, not insurance claims. An experienced Texas oil-field injury lawyer significantly improves your chances of maximum compensation.
Injured at work in Texas ?
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.
4. Key Advantage: Employers Lose Key Defenses
Under Texas Labor Code § 406.033, nonsubscriber employers lose several powerful defenses in injury lawsuits.
This means they cannot claim that:
- The employee’s own negligence caused the injury,
- The employee assumed the risk of injury, or
- Another employee’s negligence caused the injury.
This gives injured oil-field workers a stronger position in court than traditional workers’ comp cases — often leading to higher settlements or verdicts.
5. What to Do If You Suspect Your Employer Is a Nonsubscriber
If you’ve been injured in an oil field accident and are unsure whether your employer carries workers’ compensation insurance, take the following steps immediately:
- Report the injury in writing as soon as possible.
- Seek medical treatment and document all symptoms.
- Do not sign any documents or releases from your employer.
- Contact an experienced Texas oil-field injury lawyer to verify your employer’s status.
At MLF Legal PLLC, we can quickly determine whether your company is a nonsubscriber and help you take the right legal path.
6. Why Legal Representation Matters
Nonsubscriber cases require fast action. Employers often move quickly to limit liability, gather statements, or offer small settlements. Having a skilled attorney on your side ensures your rights are protected from day one.
At MLF Legal PLLC, we’ve represented injured oil field nonsubscriber claims workers in Texas against powerful nonsubscriber employers. We know how to build strong negligence cases and fight for full compensation.
Contact a Texas Oil Field Injury Lawyer Today
If you were injured while working for a Texas oil field nonsubscriber employer, don’t face the legal system alone. You may be entitled to significant compensation — but the clock is ticking.
Call 214-357-1782
to schedule your free consultation with an experienced Texas oil field nonsubscriber claims lawyer at MLF Legal PLLC today.