Question 1

What Is a Non-Subscriber Employer in Texas?

Accepted Answer

A non-subscriber employer is a company that has opted out of the Texas workers’ compensation program. Texas is the only state in the U.S. where employers are not required to carry workers’ compensation insurance in case of on-the-job injuries.

Only those employers connected to the state government must provide workers’ compensation in Texas. These employers include

Law enforcement entities,
Public schools and universities,
Government agencies,
Some healthcare institutions, and
Contractors for state-funded construction projects.
By contrast, all private companies can enroll in the traditional, state-regulated workers’ comp program or find alternative ways of providing financial support to injured employees.

Question 2

What Compensation Can You Recover in a Non-Subscriber Work Injury Claim?

Accepted Answer

Non-subscriber personal injury claims allow employees to potentially recover compensation for numerous physical, emotional, and financial losses from a workplace accident. Employees with successful claims may be able to recover compensation for:

Current medical expenses—hospital bills, doctors’ visits, surgeries, and other costs of treating the injury;
Future medical expenses—estimated future costs of treating the injury, such as physical therapy, medication, assistive devices, and home alterations;
Lost income—wages and employment benefits missed while recovering from the injury;
Reduced earning capacity—lost future wages due to permanent or debilitating injuries; and
Pain and suffering—emotional and psychological challenges caused by the injury.
Depending on the situation, employees with non-subscriber personal injury claims may be able to recover significantly more damages through a lawsuit than from workers’ compensation or an employer’s private insurance option.

This is because personal injury suits often include compensation for intangible noneconomic losses, such as pain and suffering, emotional distress, and disfigurement. However, the type of damages you can recover can vary depending on the circumstances of your case, particularly the severity of your injuries and your long-term chances of full recovery.

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Navigating Non-Subscriber Workers’ Compensation Claims in Texas: Your Guide to Seeking Justice After Workplace Injuries