Texas Non Subscriber Claims Work Injuries Without Workers Compensation
Texas is the only state that allows most private employers to opt out of the workers compensation system. Employers who choose not to carry workers compensation insurance are called non subscribers.
When a non subscriber employer does not carry workers compensation, injured employees are not limited to the workers compensation system. Instead, they may be able to bring a personal injury claim directly against the employer.
According to the Texas Department of Insurance Division of Workers Compensation, employers who opt out must notify employees in writing and report workplace injuries to the state.
How Non Subscriber Claims Are Different From Workers Compensation
Workers compensation is a no fault system. Employees typically receive limited benefits regardless of who caused the injury, but they cannot sue the employer.
Non subscriber claims work very differently.
Key differences include:
- The injured worker may file a lawsuit against the employer
- The employer can be held financially responsible for damages
- Pain and suffering may be recoverable
- The employer loses certain legal defenses
If an employer is a non subscriber, they generally cannot argue that the employee was partly at fault or that a coworker caused the injury. This rule often shifts the legal balance in favor of the injured worker.
Common Work Injuries In Non Subscriber Cases
Non subscriber claims often arise in high risk industries across Texas, including construction, oil and gas, warehousing, manufacturing, and transportation.
Common injuries include:
- Falls from heights or scaffolding
- Crush injuries involving heavy equipment
- Electrocution and burn injuries
- Machinery and amputations
- Back and spinal injuries
- Head injuries and traumatic brain injuries
Many of these incidents involve safety failures, lack of training, or missing protective equipment.
What An Injured Worker Must Prove
Unlike workers compensation, non subscriber claims require proof of employer negligence.
An injured worker generally must show:
- The employer owed a duty to provide a reasonably safe workplace
- The employer failed to meet that duty
- The failure contributed to the injury
- The injury caused measurable damages
Evidence may include safety records, incident reports, witness statements, training logs, and expert testimony.
Types Of Compensation That May Be Available
Non subscriber claims may allow recovery for a broader range of damages than workers compensation.
These may include:
- Medical expenses
- Lost income and reduced earning capacity
- Physical pain and mental anguish
- Physical impairment or disfigurement
- Future medical care
Each case depends on its specific facts, injuries, and evidence.
Important Deadlines In Texas Non Subscriber Claims
Texas law applies strict deadlines to workplace injury claims.
Key time limits may include:
- Prompt notice to the employer after the injury
- A statute of limitations that is often two years from the date of injury
Delays can make evidence harder to obtain and may affect legal rights.
How Non Subscriber Claims Affect Families
Severe work injuries can affect entire families. When a workplace injury results in death, surviving family members may have potential claims related to the loss.
In these situations, learning about options under Texas wrongful death law can be important. More information is available on the Austin practice page for a wrongful death lawyer at
Steps To Take After A Work Injury With A Non Subscriber Employer
After a work injury, individuals often consider the following steps:
- Seek immediate medical care
- Report the injury in writing
- Preserve evidence such as photos and names of witnesses
- Keep copies of all medical and employment records
- Avoid giving recorded statements without understanding the purpose
These actions can help protect accurate documentation of what occurred.
External Resources For Texas Workers
For additional general information, these resources may be helpful:
- Texas Department of Insurance Division of Workers Compensation
- Occupational Safety and Health Administration Texas resources
These sites provide educational material about workplace safety and employer responsibilities.
Frequently Asked Questions
Can my employer fire me for filing a non subscriber claim
Texas law includes protections against certain forms of retaliation, but each situation is fact specific.
Do non subscriber employers still have insurance
Some non subscribers carry occupational injury benefit plans or liability coverage, while others do not.
Is every Texas employer allowed to opt out of workers compensation
Most private employers may opt out, but many government employers are required to carry coverage.
Does a non subscriber claim guarantee compensation
Outcomes depend on evidence, legal standards, and the specific circumstances of the injury.
About the Author
Aaron B Mickens
For over 25 years, Aaron has fought for justice on behalf of Austin's injured. He is committed to standing up to insurance companies and winning for clients across Central Texas.
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