What Is a Non-Subscriber Employer?

After getting hurt on the job, many workers think they can notify their boss, get workers’ comp, and focus on healing. That’d be ideal, but that’s not how it goes with every employer.

If your employer has decided not to participate in workers’ comp, they’re a non-subscriber employer, and that complicates things.

Below, we’ll explain more about what a non-subscriber employer is, how working for one affects your injury claim, and what steps you can take to protect yourself.

What It Means to Be a Non-Subscriber Employer

A non-subscriber is a private Texas employer that chooses not to carry workers’ compensation insurance through the state system. This means that the company hasn’t purchased an approved policy that provides workers’ compensation benefits to employees who are injured on the job.

An employer that does carry workers’ compensation insurance is called a subscriber. Its injured employees may receive benefits for approved medical treatment and part of their lost wages without having to prove that the company caused the accident.

Non-subscribers don’t get to shrug off workplace injuries. By choosing not to carry workers’ comp, they give up certain legal protections and can be sued if their negligence caused the accident.

These rules mostly apply to private companies. Cities, counties, public schools, and other government employers in Texas generally have to provide coverage under different laws.

Why Can Texas Employers Choose Not to Carry Workers’ Compensation?

Texas generally allows private companies to decide whether they want to participate in the state’s workers’ compensation system. Some employers and government contractors may be required to carry workers’ comp coverage.

That choice isn’t supposed to catch employees by surprise. Non-subscribers must post notices in the workplace and give new hires written notice of their workers’ comp status. They’re also supposed to report their status to the Texas Division of Workers’ Compensation.

In-office notices should be placed where employees can easily see them.

How Can I Find Out Whether My Employer Is a Non-Subscriber?

Start by checking instead of assuming. An insurance card or benefit packet may look official, but it doesn’t always mean your employer has workers’ compensation coverage. Some companies use private injury plans that fall outside the Texas workers’ compensation system.

You can search the Texas Department of Insurance’s TXCOMP system to see if your employer is a subscriber. Use the employer’s name and the date of your injury because coverage can change over time. You need to know whether a policy was active on the date of your workplace accident.

It also helps to look through workplace posters, hiring paperwork, employee handbooks, and any documents you received after the accident. You can ask human resources too, but try to get the answer in writing. A verbal response won’t do you much good if the company changes their story later on.

What if You Got Injured and Your Employer Is a Non-Subscriber?

If your employer doesn’t carry workers’ comp, your case won’t follow the usual Texas workers’ compensation process. You may instead be able to file a negligence claim if the company’s unsafe actions caused your injury.

Some non-subscribers have private injury benefit plans that pay for things like approved medical treatment or a portion of your missed wages. But these plans aren’t workers’ comp, and the employer gets to set many of the rules, including which doctors you can see, which injuries qualify, how quickly you have to report the accident, and how long you have to appeal a denial.

Even if the plan pays some of your medical bills or lost wages, you may still have a negligence claim. Before signing a release, waiver, or settlement, find out whether it would stop you from suing your employer down the line.

How Is a Non-Subscriber Claim Different from Workers’ Comp?

Under regular workers’ compensation, an employee usually doesn’t have to prove that the employer caused the accident. The main dispute centers around two things: (1) whether the injury happened while you were performing job duties and (2) what benefits should be paid.

A non-subscriber case is tougher. You generally have to show that your employer was negligent and that its unsafe conduct caused or contributed to your injury.

The tradeoff is that you may be able to recover more for your injury. Workers’ comp only pays certain benefits set by law. A negligence claim may cover both your financial losses and the personal toll of the injury.

Just don’t expect the employer to pay without pushing back. These cases often involve more digging, harder fights, and stricter deadlines.

What Defenses Are Non-Subscriber Employers Barred from Using?

Texas law blocks non-subscribers from blaming the injury on a coworker, claiming you accepted the risks of the job, or arguing that you were partly at fault. But they can still deny negligence and challenge your losses. They can also dispute whether your injury was indeed work-related.

What Compensation May Be Available in a Non-Subscriber Case?

You may be able to recover medical expenses, lost wages, reduced earning ability, pain, mental anguish, impairment, and disfigurement. Regular workers’ comp covers a much narrower range of losses.

Punitive damages may also be available in cases involving fraud, malice, or gross negligence. And if the injury is fatal, certain family members may have wrongful death claims, and the estate may have a separate claim.

How Long Do I Have to Bring a Non-Subscriber Claim?

Different deadlines can apply depending on what you’re trying to do. Your employer’s private benefit plan may require you to report the injury right away, see an approved doctor, or appeal a denial within a short time.

You generally have two years to file a Texas personal injury or wrongful death lawsuit, though some exceptions can change that deadline.

Evidence doesn’t stay put forever. Footage gets deleted, broken equipment gets fixed, and witnesses forget details. So, act quickly to lock down the proof before it’s gone forever.

Learn more about what to do after getting hurt at a non-subscriber job.

When Should I Contact a Non-Subscriber Injury Lawyer?

Contact a lawyer if your injury is serious, treatment is denied, your employer disputes what happened, or you can’t return to work. You should also get legal advice before signing documents or accepting a settlement.

A lawyer can review the benefit plan, preserve evidence, and investigate negligence. They can also calculate what your case may be worth and deal with the employer or insurer on your behalf.

Contact Grossman Law Offices Today

Non-subscriber claims are often more complicated than regular workers’ comp cases. But there’s good news: you don’t have to handle yours alone.

Grossman Law Offices has spent more than 35 years handling serious workplace injury cases, including claims against non-subscriber employers. We’ll investigate what happened, protect key evidence, and explain your options clearly.

We’re available 24/7, consultations are free, and you don’t pay unless you win.

Contact us today to discuss your next step.