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Texas Non-Subscriber Work Injuries

Many of Texas's largest employers—like Wal-Mart, Home Depot, Sears, and Target—do not carry, or "subscribe to," workers comp insurance.

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Texas Non-Subscriber Work Injuries

What is a non-subscriber?

Many of Texas’s largest employers—like Wal-Mart, Home Depot, Sears, and Target—do not carry, or “subscribe to,” workers comp insurance. These companies are known as non-subscribers, and cases where workers are injured while working for non-subscribers are known as non-subscriber cases. Some non-subscribers carry other insurance that is like work comp, but in fact is not.

Contributory Negligence

In most personal injury claims, the defendant (the person or company who is being sued because they caused the injury) is allowed to attempt to blame the plaintiff (the injured person who filed the lawsuit). At the end of a jury trial, the jury puts a percentage of fault on both the plaintiff and the defendant. Importantly, any amount of blame placed on the plaintiff will reduce his or her recovery.

For example, if the jury assess damages at $100,000 and assigns 10% of the fault to the plaintiff and 90% of the fault to the defendant, the defendant will be ordered to pay the plaintiff $90,000; the plaintiff’s recovery was reduced by 10% due to his or her own fault in causing the injury.

How non-subscriber cases are different

However, if you are injured at work while working for a non-subscriber, Texas law is very generous: the employer is not allowed to try to blame the worker for their own injuries. In fact, if the employer is found to be just 1% at fault in causing the injury, the employer is on the hook for 100% of the damages. 

The most common ways in which employers are found liable for their workers’ injuries is bad training, poor safety gear, and inadequate safety policies. Again, if the non-subscriber is found just 1% at fault, they must pay 100% of the injured worker’s damages, including lost wages, medical bills, pain and suffering, disfigurement, and physical impairment.

If you or a loved one has been injured in an accident regardless of where you live, we will be happy to evaluate your potential case through a free consultation.

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This is why it is so crucial for injured workers to contact a personal injury attorney. Don't trust your boss when she says you're covered by work comp. A qualified personal injury attorney will be able to verify subscriber status.

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Our Team is Here to Help

Below is a list of some of the most-frequently-asked questions by our clients and prospective clients. If you still have any questions, feel free to contact us.

  • I was hurt at work and my employer does not have workers’ compensation, can I make a claim for injuries?

    In Texas employers are not required to carry workers’ compensation. However, if an employer does not have workers’ compensation and an employee gets injured at work, then a claim can be made against the employer for the employer’s negligence, if any, that caused the injury. Our firm handles quite a few of these claims against employers who do not carry workers’ compensation. These claims are known as “non-subscriber” work injury claims. Because there is no limit on the damages in a non-subscriber case, there can sometimes be a substantial recovery. We have recovered in excess of a million dollars for many different clients with non-subscriber cases.

  • I was injured at work and my employer has workers’ compensation. Can I still make a claim for injuries?

    If you are hurt at work and your employer has workers’ compensation you cannot make a claim against your employer for the injuries. However there may be claims against a “third-party.” For example, if you are driving a vehicle for your employer and you are hit by somebody else, then you can make a claim against the other driver since they are not your employer but instead are a “third-party.” Also, for example, in the oil field if you were working for a drilling company, and another company was on location such as a casing crew who caused your injuries, then you could make a “third-party” claim against the casing company that caused your injuries.

  • My employer has or might have Worker’s Compensation (Work Comp) Insurance. How does that affect my claim?

    If your employer truly does carry workers comp insurance at the time of your injury, then you are barred from suing your employer; you must go through the Workers Compensation Commission to recover damages for your injuries. However, we have had dozens or more clients come to us under the impression that their employer carried work comp insurance, and when we checked it, the employer in fact did not. The only way to be sure is to seek the counsel of a personal injury attorney. At Glasheen, Valles & Inderman, we will perform this check for free before a contract is ever signed.

    Even if your employer does carry workers compensation insurance, you might still have what is called a third-party claim. This refers to if your injury was caused by a person or company other than your employer or a co-worker. This is especially common in oil field cases where there may be three, four, or more different companies represented at a drilling site. In these cases, the fact that your employer carries work comp does not affect your claim against third parties, and seeking the services of a personal injury attorney is highly advised.

  • What is my claim worth?

    Personal injury claims are usually resolved by either settlement or by a jury. When a case is settled, it is the client’s decision of whether or not to accept a settlement offer. The lawyer will advise the client as to the potential value of the claim. Lawyers evaluate the potential value of a claim by predicting what a jury would do based on experience with similar claims.A jury can consider all sorts of damages in a personal injury case including medical expenses in the past and in the future, loss of earnings in the past and in the future as a result of the injury, physical pain and mental anguish in the past and in the future, compensation for impairment – that is loss of use, and disfigurement damages. The jury has discretion in awarding the sums. We can give you advice on the value of your claim based on our experience with some of our claims and similar jury results.

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