Non-Subscriber Work Injuries

Non-Subscriber Work Injury Attorneys

Texas is the only state that doesn't require employers to carry workers' compensation insurance, which means major employers across retail, restaurants, staffing, and logistics operate as non-subscribers.

If you were hurt on the job at one of these companies, your case works differently than a typical workers' comp claim, and it usually means you can sue directly. Our attorneys know how to navigate these cases and fight for full compensation.

Litigating Non-Subscriber Claims

Unlike other states, Texas does not require its employers to carry workers’ compensation insurance. When a company, like Walmart, opts out of the statewide workers’ comp program, they are referred to as a “non-subscriber.”

Non-subscribers tend to make their own rules and cover employees using customized insurance plans.

If you were injured on the job at Walmart, your claim will not be as straightforward as it would be with another company.

Luckily, our experienced workers’ comp attorneys at The Daspit Law Firm are experienced in non-subscriber laws and dedicated to protecting your rights.

Common Non-Subscriber Employers in Texas

Because Texas doesn't require employers to carry workers' compensation insurance, many of the state's largest employers operate as non-subscribers instead, covering employees under their own private injury benefit plans rather than the state system.

Walmart is one of the most prominent examples: as one of the world's largest retailers, Walmart employs tens of thousands of Texans across stores, warehouses, and distribution centers, and it uses its non-subscriber status to set its own rules for handling workplace injuries.

Walmart isn't alone. Major retailers, national restaurant chains, and staffing companies across Texas commonly choose the non-subscriber route for the same reason, it gives the employer more control over claims and costs than the state workers' comp system allows.

If someone slips and falls, is struck by an object, hurts themselves while lifting, or is subject to an act of violence at work, non-subscriber benefits may not cover their medical expenses, partial lost wages, or other losses the way workers' comp would.

Instead, a non-subscriber employer issues benefits on its own terms, and workers who file a claim must follow that company's specific claim guidelines carefully if they wish to recover. If you are unsure of your next steps or facing hard-to-decipher paperwork, our firm can help.

How to File a Non-Subscriber Work Injury Claim

Even though your employer is a non-subscriber, you will still have legal rights after sustaining a workplace injury. Large non-subscriber employers, including companies like Walmart, are still subject to certain regulations, and while they can decide which types of coverage to provide, they will still offer certain benefits.

Nevertheless, you must follow all of the company's rules and policies to qualify. Taking the following steps can help you adhere to the process:

• Report your accident immediately. The sooner you speak to your supervisor, the stronger your case will be.
• Follow all given instructions. When your supervisor gives you additional information, adhere to it. You may be required to see a specific doctor or file within certain time limits. If you don't do these things, you can jeopardize your claim.
• Get in touch with a lawyer. If your employer does not compensate you properly, you have every right to bring about a personal injury claim against them. Our attorneys can help you with this!

Even if your non-subscriber claim seems straightforward, you should discuss it with an attorney before signing anything. Too often, employees do not fully understand the non-subscriber system and face complications like delayed benefits.

Having an attorney can help you handle each step of your case with confidence and clarity. Our firm can help you stand up to a large employer and negotiate a better settlement with its private insurers.

FAQS Regarding Non-Subscriber Work Injuries

Can I sue if my employer has no workers' compensation in Texas?

Yes. Texas is the only state that does not require private employers to carry workers' compensation insurance, and an employer that opts out is called a non-subscriber. Non-subscribers lose the legal immunity that workers' comp normally provides, which means you can sue them directly in a personal injury lawsuit.

You also gain leverage: a non-subscriber cannot argue that you were partly at fault, cannot blame a coworker, and cannot claim you assumed the risk of the job. You only need to prove the employer was negligent in some way. Unlike workers' comp benefits, there is no cap on what you can recover. Call The Daspit Law Firm at (888) 273-1045 for a free review.

What is a non-subscriber employer?

A non-subscriber is a Texas employer that has chosen not to buy workers' compensation insurance through the state system. Many large retailers, restaurant chains, and staffing companies are non-subscribers.

Most of them run their own private injury benefit plan instead, with its own rules, its own deadlines, and its own claims administrator, and those rules are written by the employer to limit what it pays. Accepting benefits under one of those plans can require you to give up your right to sue, which is why you should have the paperwork reviewed before you sign it.

What can I recover in a non-subscriber lawsuit?

Considerably more than workers' compensation would pay. Because a non-subscriber claim is a personal injury lawsuit rather than a benefits claim, you can recover all past and future medical expenses, full lost wages, lost earning capacity, and noneconomic damages for pain, suffering, disfigurement, physical impairment, and mental anguish.

Workers' compensation pays none of those noneconomic damages and caps wage benefits. In cases of gross negligence, punitive damages may also be available, and if a worker died, the family can pursue a wrongful death claim.

Do I have to prove my employer was at fault?

Yes, but the burden is lighter than in an ordinary injury case. You must show the employer was negligent in at least some respect, such as failing to provide safe equipment, failing to train or supervise, ignoring known hazards, understaffing a dangerous task, or failing to enforce its own safety rules.

What makes non-subscriber cases different is what the employer cannot say back: Texas law strips a non-subscriber of the defenses of contributory negligence, assumption of risk, and the negligence of a fellow employee. Even a small share of employer fault can support full recovery.

How long do I have to file a non-subscriber claim in Texas?

You generally have two years from the date of the injury to file a lawsuit. Your employer's internal benefit plan will impose much shorter reporting deadlines, sometimes as short as 24 hours to report the injury and a matter of days to complete paperwork, so the practical deadlines arrive long before the legal one. Do not let the company's process run out the clock. Call us at (888) 273-1045 as soon as you are able.

What to Expect

If you file a successful workers' comp claim against your employer and its insurance company, all your accident-related medical expenses will be covered.

You may also receive compensation for lost wages if you are temporarily out of work. Sometimes, non-subscriber policies do not cover disability or death benefits, but you may be able to receive this compensation through a personal injury claim against the company.

Remember: you have rights and we are here to help protect them!

Speak With a Non-Subscriber Work Injury Lawyer Today

The Daspit Law Firm has a reputation for obtaining fair and full compensation for the injured. We also have unparalleled legal experience and offer personalized, effective service with 24/7 availability.

If you are ready to get started on your claim or need to pursue additional resources after dealing with a non-subscriber, call us at (888) 273-1045 or request a free consultation online.