Can I Be Fired for Reporting a Non-Subscriber Work Injury?

 Posted on December 07, 2025 in Work Accidents

Getting hurt at work is stressful enough without worrying about losing your job. If you work for a non-subscriber employer in Dallas and need to report a workplace injury, you might feel caught between protecting your health and protecting your paycheck.

The short answer is that no, your employer cannot legally fire you for reporting a work injury. Retaliation for reporting a workplace injury is illegal in Texas, even though the state allows at-will employment.

If you are injured at work in 2026, you deserve the help of an experienced Dallas County personal injury attorney who handles non-subscriber workplace injury cases. You risk nothing by talking to us and exploring your options.

What Does It Mean When an Employer Is a Non-Subscriber?

In most states, employers must carry workers' compensation insurance through a state program. In fact, according to the Texas Department of Insurance, Texas is the only state that allows business owners not to have workers’ compensation. Most employers carry workers' compensation insurance, but some opt out entirely. These employers are called non-subscribers.

Non-subscriber employers purchase private insurance plans or choose to self-insure against workplace injuries. While this gives employers more flexibility, it also changes the legal landscape significantly. Employees who work for subscribers can only pursue benefits through the workers' compensation system. Employees who work for non-subscribers can file personal injury lawsuits if their employer's negligence caused their injury.

Why Would a Non-Subscriber Employer Not Want You to Report a Work Injury?

When employers participate in the workers' compensation system, they have protection from most negligence lawsuits. Employees get workers’ compensation benefits, but they generally can’t sue their employer, even if the employer was at fault.

Non-subscriber employers lose this protection. If an employee gets injured because the employer didn’t maintain safe working conditions, provided inadequate training, or violated safety regulations, the employee can file a personal injury lawsuit. 

This increased liability and the potential for substantial damages may lead some employers to pressure injured workers not to report their injuries. However, employers should never make that request. Retaliating against workers who do report injuries is illegal.

What Counts as Retaliation for Reporting a Work Injury?

Texas employers cannot fire you in retaliation for reporting a workplace injury. While Texas is an at-will employment state, firing someone because they reported a work injury can violate Texas law. Retaliation might look like:

• Cutting your hours or demoting you without a valid cause

• Pressuring you to quit or not report your injury

• Threatening, harassing, or firing you after reporting your injury

• Changing your schedule or job duties to make it more difficult

• Giving you undeserved negative performance reviews

Proving that your employer’s actions are retaliatory against you for reporting your work injury can be challenging. We can help.

How Can You Protect Your Rights Against Employer Retaliation?

If you are hurt at work, you need to protect your rights, even if you have a good relationship with your employer. First, get medical attention. Your health comes first, and medical records will document your condition and link it to your workplace accident.

Report your injury at your workplace. Many employers have specific procedures for reporting workplace injuries, and following these procedures creates an official record. 

Document everything related to your injury, plus your employer's response. Take photographs of your injuries, the accident scene, and any unsafe conditions that contributed to your accident. Keep copies of everything – bills, communication with your employer, medical records, etc. 

Pay attention to how your employer treats you after you report your injury. Write down any changes in your job duties, schedule, performance reviews, or the way supervisors and coworkers interact with you. This documentation will be critical evidence if you need to prove retaliation.

How is the Texas Workers’ Comp Claims Process Different if my Employer is a Non-Subscriber?

Getting compensation for your workplace injury can be somewhat more difficult with a non-subscriber employer. You will most likely need help from a qualified attorney, as the process can be difficult to navigate and may require litigation. However, if your litigation is successful, there are a few distinct advantages of working for a non-subscriber. 

Some key differences include: 

• Procedure: With workers’ compensation, if your claim is initially denied, you use an administrative appeal. While not necessarily easy, administrative appeals are simpler than the lawsuit you will need to file if your non-subscriber employer denies you compensation. 

• Fault: In a workers’ compensation claim, it doesn’t matter who was technically at fault so long as the injury happened at work. To get compensation from a non-subscriber, you will need to prove that your employer was at fault. 

• Long-term damages: Workers’ compensation only covers medical bills and about 70 percent of your lost short-term wages in most cases. But if you win a lawsuit against a non-subscriber, you could be compensated for any lost earning capacity due to lasting disability after a workplace injury. 

• Types of damages: In a workers’ compensation claim, there is no compensation available for pain and suffering, nor are punitive damages available even if your employer was grossly negligent or reckless about worker safety. If your employer is a non-subscriber, however, those types of compensation are on the table. 

As you can see, there are advantages and disadvantages of working for both types of employers.

Non-Subscribers Can’t Use Certain Defenses to Avoid Paying Injured Employees

Texas Labor Code §406.033 restricts the reasons that non-subscriber employers can use to avoid paying workplace injury lawsuits. These limitations give injured workers significant advantages. 

Assumption of Risk

Texas law prohibits non-subscribers from using assumption of risk as a defense.

Contributory Negligence

Non-subscribers can’t use the old common-law defense of contributory negligence to completely avoid liability. However, your compensation may still be reduced under Texas comparative negligence rules if you are found partially responsible.

Pre-Injury Liability Waivers

Pre-injury liability waivers are generally unenforceable in non-subscriber injury cases. If your employer asked you to sign a document waiving your right to sue for workplace injuries, that waiver likely cannot be enforced. 

Fellow Servant Doctrine

The fellow servant doctrine attempts to shift blame to a coworker rather than the employer. Your employer cannot avoid responsibility by arguing that another employee caused your injury.

Contact a Dallas Work Injury Attorney

Reporting a workplace injury should never cost you your job. If you were hurt on the job and your employer is a non-subscriber, you need experienced help from a Dallas County workers’ compensation attorney for non-subscriber employers. Contact Jerry D. Andrews, P.C. at 214-221-5800 to schedule your free consultation and learn how we can help you with your non-subscriber work injury claim.