In most states, workers’ compensation is mandatory. Texas is the only state in the country that allows private employers to “opt out” of the state-regulated workers’ compensation system. These employers are known as non-subscribers.
If you were injured while working for a non-subscriber, you might feel like you have fewer protections. The opposite is often true, but employers and their insurers act fast to limit exposure.
Winocour Law steps in as a dedicated ally for injured Texas workers. Our firm has extensive experience litigating non‑subscriber cases, exposing unsafe practices, and holding employers accountable when their negligence causes serious harm. We guide clients through the complexities of these claims and pursue the maximum compensation available for their recovery and their future.
Why Choose Winocour Law for Your Non-Subscriber Work Injury Case
Non-subscriber cases are aggressively defended by corporate legal teams who know the law inside out. You need attorneys who do too. Jonathan Winocour and Mike C. Miller bring complementary trial experience and decades of combined work injury litigation to every case Winocour Law handles.
Founder & Principal Attorney
A fourth-generation Texas attorney with over two decades of high-stakes litigation experience, recognized as a Top 100 Trial Lawyer by The National Trial Lawyers.
Relevant Experience
- Catastrophic injury and traumatic brain injury cases
- Wrongful death claims involving commercial vehicles and workplace incidents
- $5M Fair Labor Standards Act settlement against employer
- $3.8M settlement in commercial vehicle injury case
- $4M settlement in window fall case
Of Counsel
A Board Certified Personal Injury Trial Lawyer with over 40 years of litigation experience and an AV Preeminent rating from Martindale-Hubbell.
Relevant Experience
- Federal railroad injury cases under the Federal Employers Liability Act (FELA)
- Oilfield accident cases involving equipment failures and explosions
- Industrial slip-and-fall injuries inside storage tanks and refineries
- Pipeline explosion injury claims
- Workplace crush injuries at industrial plants
- Multiple million-dollar verdicts and settlements in workplace injury cases
What Is a Texas Non-Subscriber Work Injury Claim?
A non-subscriber claim is a personal injury lawsuit filed by an employee against an employer who does not carry state-regulated workers’ compensation insurance. Roughly 25% of Texas employers fall into this category, including some of the largest companies in the state.
Many Texas employers opt out of workers’ compensation to gain more control over costs and medical providers. But opting out comes with a major trade‑off: they lose the legal protections that workers’ comp normally provides.
If their negligence contributed to your injury in any way, they can be held liable for the full value of the harm, including pain, impairment, and long-term financial losses. In other words, while you do not receive the automatic, capped benefits of workers’ comp, you gain the right to pursue a full civil injury claim with far broader compensation.
What Legal Advantages Do Injured Workers Have Against Non-Subscriber Employers?
When an employer opts out of workers’ compensation, they give up several legal protections that would normally shield them in an injury lawsuit.
Under Texas Labor Code § 406.033, a non‑subscriber is barred from using several defenses that employers typically rely on, including:
- Contributory Negligence: They can’t blame you. If the employer is even 1% responsible, they are liable for the whole claim.
- Assumption of Risk: They can’t say you “knew the job was dangerous.”
- Fellow Servant Rule: They can’t blame a coworker’s mistake to avoid paying you.
What Must Be Proven in a Texas Non-Subscriber Case?
To win your case, our non-subscriber work injury lawyers must demonstrate that your employer’s negligence played a role in your injury.
Common examples of employer negligence include:
- Failure to Train: Sending an employee to operate heavy machinery or handle hazardous chemicals without proper instruction
- Unsafe Equipment: Requiring the use of broken ladders, dull saws, or vehicles with known mechanical issues
- Inadequate Staffing: Forcing a single worker to perform a task that safely requires two people, leading to overexertion or accidents
- Lack of PPE: Failing to provide personal protection equipment (PPE), like safety goggles, hard hats, or fall protection
What Damages Can You Recover in a Non-Subscriber Case?
One of the primary reasons to hire a non-subscriber work injury attorney is the disparity in potential compensation. Workers’ compensation usually pays only a portion of lost wages and limits your choice of doctors. In a non-subscriber lawsuit, our bodily injury lawyers can seek:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of household services
Wrongful Death and Survival Claims in Non-Subscriber Cases
If a workplace accident results in a fatality, the family of the deceased worker may pursue a wrongful death claim. Additionally, a “survival action” allows the estate to recover the damages the worker suffered between the time of the injury and their death. Because non-subscribers lack the “exclusive remedy” protection of workers’ comp, these families are often able to recover significantly higher settlements to secure their financial future.
Common Types of Catastrophic Workplace Injuries
Non‑subscriber cases often involve severe, preventable injuries, including:
- Spinal cord injuries
- Crush injuries
- Amputations
- Severe burns
- Electrocution
- Fall from height Injuries
- Machinery and equipment failures
- Toxic exposure injuries
What to Do Immediately After a Workplace Injury With a Non-Subscriber Employer
The moments following an injury are critical. Non-subscriber cases are complex and aggressively defended by corporate legal teams. To protect your claim:
- Get medical care from your own doctor, not the company clinic.
- Report the injury in writing and keep a copy.
- Don’t give recorded statements or sign anything.
- Document the scene and save photos/evidence.
- Get witness names before memories fade.
- Follow medical restrictions exactly.
- Call a Texas non‑subscriber work injury attorney early to protect your claim.
Frequently Asked Questions About Non-Subscriber Work Injury Claims in Texas
Is it illegal for an employer to be a non-subscriber?
No, it is legal in Texas. However, they must notify the state and their employees of their status. If they fail to notify you, there may be additional legal repercussions.
Will I get fired for filing a claim?
Texas law prohibits employers from retaliating against employees for pursuing a work injury claim. If you face harassment or termination, our Dallas employment lawyers can pursue a retaliation claim alongside your injury case.
Can I still sue if my employer is paying my medical bills right now?
Yes. Many non-subscribers pay initial medical bills to keep you from calling a lawyer. This does not mean they are providing the full compensation you are entitled to for long-term impairment or pain and suffering.
How long do I have to file?
Generally two years, but deadlines vary in wrongful death and survival cases.
Schedule a Confidential Consultation at No Cost to You
We are committed to building strong cases and securing recoveries for non-subscriber work injury clients throughout Texas. Contact Winocour Law today to speak with a non-subscriber work injury attorney who will fight for the justice your family deserves.