What If I Am Injured and My Employer Has No Workers’ Comp?

 Posted on September 08, 2025 in Work Accidents

If you were injured at work and discover that your employer is a non-subscriber — meaning they do not have traditional workers’ compensation insurance — you are likely confused and concerned about how you will cover the costs of your injury. 

Texas is unique in allowing certain employers to opt out of the state’s workers’ compensation system. While this means you cannot file a typical workers’ comp claim, you still have options for covering your injury-related expenses. To protect your rights and pursue fair compensation, contact a Carrollton, TX personal injury lawyer for guidance.

What Is a Non-Subscriber Employer in Texas?

In most states, employers are required to carry workers’ compensation insurance. However, under Texas Labor Code § 406.002, Texas gives private employers a choice. If a company decides not to subscribe, it must provide employees with written notification of its non-subscriber status. In these cases, employers often set up their own benefit plans or rely on liability coverage, but these alternatives are not always as good as workers’ comp.

What Rights Do Injured Employees of Non-Subscriber Companies in Texas Have?

When an employer is a non-subscriber, an injured worker may pursue a personal injury lawsuit against the employer directly. This can be beneficial because non-subscriber employers lose certain defenses they might otherwise be able to use. For example, they cannot claim that the employee’s negligence caused the injury, that a co-worker was at fault, or that the worker "assumed the risk." 

When the lawsuit is directly against the employer, broader damages may also be available. You may be able to recover compensation not only for medical bills and lost wages, but also for pain and suffering, as well as other losses not typically covered by workers’ compensation.

Why You Need a Lawyer for a Work Injury Claim

Non-subscriber employers often have powerful legal teams and insurance carriers working to minimize any payouts. Without a good lawyer, employees who have never faced this situation before risk settling for far less than they deserve. 

Whether they use intimidation tactics or pretend they are sympathetic while presenting deceptive offers that do not come close to what you deserve, these companies are motivated by their bottom line and not your well-being. An attorney with experience fighting against companies to ensure workers get the compensation they need can gather evidence, interview witnesses, and build a strong case on your behalf.

Schedule a Free Consultation with an Irving, TX Non-Subscriber Work Injury Lawyer

Being injured on the job is stressful enough without having to navigate the complexities of Texas’s non-subscriber system on your own. Our firm is ready to evaluate your case, explain your rights, and fight for the compensation you deserve. 

At Jerry D. Andrews, P.C., each case is handled on a contingency basis, so you pay us nothing unless we secure compensation for you. Our staff is also fluent in Spanish, which allows us to properly serve the local Spanish-speaking community. Call 214-221-5800 to schedule a free consultation with our Carrollton, TX personal injury attorney today.