After a workplace injury in Texas, one of the most important questions you can answer is whether your employer participates in Texas’s workers’ compensation system or is a non-subscriber. While that may sound like a minor detail, it can determine how your injury claim is handled and what legal options may be available.
What Is a Texas Non-Subscriber?
Texas is the only state that gives most private employers the option to participate in the state’s workers’ compensation system or opt out entirely. Companies that choose not to carry coverage are known as “non-subscribers.”
Why does that matter? If your employer subscribes to Texas workers’ compensation, your medical benefits and wage replacement generally come through that system, but your ability to sue your employer is limited. If your employer is a non-subscriber, you may be able to pursue a personal injury lawsuit instead.
How do I Know if My Employer is a Non-Subscriber in Texas?
In many cases, the answer can be found in paperwork you’ve received from your employer or in records maintained by the state. You should begin your search by:
- Reviewing your onboarding paperwork, employee handbook, benefits packet, or pay stub. Texas employers that opt out are generally required to give written notice of their non-subscriber status, so it’s often hiding in plain sight.
- Asking your HR department directly. Ask whether the company carries workers’ compensation directly and try to get the answer in writing if you can.
- Searching the Texas Department of Insurance employer database. TDI’s Division of Workers’ Compensation offers a “coverage verification search” at tdi.texas.gov. Some employers also file a DWC Form-005, which reports their coverage election. Check the coverage dates against the date of your injury.
If you’re still unsure, an experienced attorney can confirm your employer’s status and explain what it means.
Understanding a Texas Non-Subscriber Claim
If you learn your employer is a non-subscriber, your next question is usually, “What happens now?” Unlike a workers’ compensation claim, a non-subscriber case is a personal injury lawsuit. That means you’ll need to prove that the employer’s negligence caused your injury.
To do that, you’ll generally need to establish four things:
- Duty: Your employer owed you a reasonably safe workplace.
- Breach: The employer failed to provide one.
- Causation: That failure caused your injury.
- Damages: You suffered losses as a result.
If you can prove those elements, you may be able to recover compensation for medical expenses, lost wages, diminished earning capacity, pain and suffering, mental anguish, and physical impairment. In cases involving especially reckless conduct, punitive damages may also be available.
A few other factors can also affect your claim. Some employers offer voluntary occupational injury benefit plans, while others require employees to sign arbitration agreements. It’s also important to confirm that your employer provided any required non-subscriber notice under Texas law.
Most personal injury lawsuits involving non-subscriber employers must be filed within two years of the injury. While Texas law recognizes limited exceptions that may toll – or pause – the statute of limitations in certain circumstances, those exceptions are relatively uncommon and depend on the facts of the case.
Because evidence can disappear and witnesses’ memories fade, it’s generally best to speak with an attorney sooner rather than later.
What to Do After a Workplace Injury
Whether your employer participates in Texas workers’ compensation or is a non-subscriber, the steps you take immediately after a workplace injury can affect your health and your legal rights. While determining your employer’s status is important, your first priority should always be getting the medical care you need.
Seek medical treatment as soon as possible, and keep copies of your medical records, bills, prescriptions, and receipts. Report the injury to your employer in writing, even if you’ve already told a supervisor. That way, there’s a record of when the accident was reported.
If you can, photograph the accident scene, any hazardous conditions, the equipment involved, and your injuries. You should also collect the names and contact information of any witnesses. Be sure to save any emails, text messages, incident reports, surveillance footage, or other records related to the accident.
Preserving this information can make it easier to establish what happened if a claim is filed later.
Where Grossman Law Offices Comes In
Determining that your employer is a non-subscriber is only the beginning. The next step is figuring out if the employer’s negligence actually contributed to your injury and if the evidence supports a claim. That’s where experienced legal representation becomes valuable.
At Grossman Law Offices, we’ve represented injured workers across Texas in workplace injury cases for decades. Our team takes the time to investigate the accident, gather evidence, interview witnesses, and prepare every case as though it may go to trial, while keeping you informed at each step.
We offer free consultations and qualifying cases are handled on a contingency-fee basis. That means you owe nothing in attorney’s fees unless we recover compensation for you.
Preguntas frecuentes
How is a non-subscriber claim different from a workers’ comp claim?
Workers’ comp pays set benefits regardless of fault, but you generally can’t sue your employer. A non-subscriber claim is a lawsuit. That means you must prove negligence, but the potential recovery is broader.
Can an employer hide its non-subscriber status?
Not really, at least not legally. Employers are subject to reporting and notice requirements, and public records will usually confirm their participation in the state system.
How long does a non-subscriber case usually take?
It depends on the severity of the injury, the complexity of the investigation, and on whether the case settles or goes to trial.
What damages can I recover in a non-subscriber lawsuit?
Depending on the circumstances, you may be able to recover compensation for medical bills, lost wages, reduced earning capacity, pain and suffering, and other damages. In cases involving gross negligence, punitive damages may also be available.
Speak With a Texas Attorney Today
The sooner you understand your employer’s status and your legal options, the sooner you can make informed decisions about your case. Contact us today for a free case evaluation by phone, online, or at our Dallas office.
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