Employer Liability and Non-Subscriber Work Injuries in Texas

Posted June 23, 2025 | Personal Injury Blog

In many parts of the country, workers’ compensation insurance is there to help you pick up the pieces if you get injured at work. However, Texas stands apart from most states by allowing most private employers to opt out of the workers’ compensation system. These employers are known as “non-subscribers.” 

Non-subscribers take on considerable legal risk by not subscribing to workers’ compensation insurance. If you have been injured at work and your employer is a non-subscriber, this post will help you understand your legal rights and how a personal injury lawyer can help you recover your losses.

The Risks of Non-Subscriber Status in Texas

Opting out of subscribing to workers’ compensation insurance may seem like a great way for a business to save cash. However, this could be shortsighted. 

According to the Texas Department of Insurance, “If you have workers’ compensation insurance, you’re protected from most lawsuits by injured employees.” However, if employers choose not to get workers’ compensation insurance, they lose that protection. 

Your right to sue non-subscriber employers

If you got sick or injured at work, and your employer is a non-subscriber, you are free to sue him or her for compensation. In general, your employer cannot try to shift the blame onto you. 

With only a few exceptions, listed as follows, non-subscriber employers are prohibited from arguing the following in court:

• Your negligence contributed to the injury
• You knew about the risk and accepted it
• You were injured by another employee’s negligence

Do not fall for employer pressure

Whatever your employer tries to make you believe, Texas employees have the right to sue non-subscriber employers for fair compensation after getting injured. However, it takes the skills and experience of a tenacious personal injury lawyer to ensure you get the best chance of receiving what you deserve.

Proving Employer Liability in Non-Subscriber Work Injury Cases

To recover compensation in a non-subscriber work injury case, a personal injury attorney must prove that the employer was negligent. 

To do this, your lawyer will investigate the specific circumstances of your case and gather evidence to prove the following 4 points:

1. Duty of care: Your employer had a duty of care toward you. All Texas employers, whether they are subscribers or not, must follow the Texas Occupational Safety Act. This requires that workplaces are reasonably safe and that employers implement safeguards to protect the health and safety of their workers.

1. Breach of duty of care: A crucial piece in the puzzle, your attorney must prove that the employer negligently failed to provide a reasonably safe workplace.

1. Causation: The breach of the duty of care must be proven to be the direct cause of your injuries.

1. Damages: Your injuries caused you losses, potentially both economic and non-economic, for which you are entitled to compensation. 

Once your work injury lawyer has built a strong case for liability and damages, he or she can start fighting for a fair settlement.

Settling non-subscriber injury claims

Texas non-subscriber employers understand the legal risks of not purchasing workers’ compensation insurance. To counteract these risks, employers often require new employees to sign an agreement that any employment disputes will be settled through binding arbitration. 

Arbitration is a process outside the court system in which an arbitrator hears the case and makes a final decision. While this may seem to work to your disadvantage, there can be benefits. 

For one, the arbitrator is usually a retired judge with an in-depth knowledge of Texas law and years of experience handling similar cases. Also, you may get faster results by going through arbitration.

Potential damages in a non-subscriber work injury case

Whether you file a lawsuit or use arbitration, you will be entitled to damages if your case is successful. Every case is unique, and your compensation will depend on the severity of your injuries and whether you are expected to make a full recovery. 

You may be entitled to the following:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Mental anguish
• Disfigurement

Working with an experienced Texas personal injury lawyer gives you the best chance of securing a fair settlement. However, which law firm should you choose?

Fielding Law – The Clear Choice for Texas Non-Subscriber Work Injury Claims

Workplace injuries can turn your world upside-down. Non-subscriber employers may look to protect themselves rather than prioritize your recovery. That is why you need the aggressive, client-focused advocacy of a Fielding Law personal injury attorney.

Our lawyers have a track record of securing outstanding results for our clients. There is no fee to pay us unless we win, allowing you to pursue your claim for compensation with zero risk. We comprehensively investigate each case to give our clients the best chance of financial recovery.

Do not let your non-subscriber employer let you down when you need help the most. Hold them accountable by calling (877) 880-4090 or contacting us online for a free consultation today.