Injured on the Job? We Can Help!
Being injured while on the job can be devastating. Physical injuries, medical bills, and time away from work while in recovery—it can all feel overwhelming and complicated to navigate.
Unfortunately, dealing with the aftermath of your Texas workplace injury can be even more complex.
Texas is one of the few states that does not require employers to provide workers’ compensation insurance to its employees. If you were recently injured at work, you might wonder if your employer carries workers’ comp insurance and what to do if they don’t.
At The Zimmerman Law Firm, our work injury lawyers are happy to answer any questions and guide you through the recovery process. Contact us today to get started.100% Free Consultation
Texas Non-Subscriber Law
Under Texas law, an employer can carry workers’ compensation insurance. If the employer decides to subscribe, the injured employee must file a workers’ comp claim through that worker’s comp insurance.
However, unique to Texas, an employer can choose to be a non-subscriber.
Typically, if an employer is a non-subscriber, it is either self-insured or carries some other form of insurance to cover employee injuries.
Employers Without Workers’ Compensation Insurance
- Hobby Lobby
- Home Depot
- Baylor, Scott & White Health
- Pappas Restaurants
- JB Hunt
- Wells Fargo
- Whole Foods
- Intercontinental and other major airlines
- McLane Trucking Company
- Tractor Supply
- Sanderson Farms
- Dollar General
- Quality Care Nursing Home
- Landscape Tree & Nursery
- Quality Parts Supply
- Central Freight
- More …
How Do I Know If My Employer Carries Worker’s Compensation Insurance?
Texas law requires employers to post information about their workers’ comp insurance in an open high-traffic area in the workplace which all employees have access to, such as the breakroom.
If the employer subscribes to a state-approved workers’ compensation plan, the posted notice must include the insurance carrier’s name, address, and contact information.
If the employer does not carry state-approved workers’ comp insurance, a notice must be posted in an area accessible to all employees.
The notice should provide the type of benefits plan in place and the contact information of that carrier.
What If My Employer Does Not Subscribe To Workers’ Comp Insurance?
Although not required by law, many Texas employers still choose to subscribe to a workers’ comp insurance plan because it can be more cost-effective than defending a lawsuit.
However, some employers elect not to subscribe to workers’ comp insurance. Often, a Texas non-subscriber who does not carry a state-approved plan is otherwise self-insured.
Sometimes, employers choose to maintain other forms of insurance to cover the cost of employee work injuries.
However, these plans usually provide less protection and benefits for injured employees and employers.
How Do I Prove My Case Against My Non-Subscribing Employer?
If you are pursuing a claim for injuries against your non-subscribing employer, you will generally have to prove a negligence claim.
There are several different negligence theories in which you may assert a claim, including:
- Failing to provide a safe work environment,
- Failing to provide adequate safety equipment,
- Failing to provide proper training, and
- Failing to supervise or assist sufficiently.
The specific negligence claim you assert will depend on the facts and circumstances surrounding your injury. An attorney can help facilitate your road to compensation.
Non-Subscriber Claim FAQs
What do I do if I’m injured and my company is a non-subscriber?
Anytime you are injured on the job, it’s important to document everything about the accident. This is even more important when you work for a non-subscriber company. Write down everything you can about the accident such as: what you were doing, if other workers were present and what they were doing, and how the accident occurred. It is also important to note whether you were given the proper training and equipment to safely perform your job duties. If it is possible, take photos.
What is a non-subscriber claim?
“Non-subscribers” are companies that opt out of the Texas Workers’ Compensation program, which is administered through the Texas Department of Insurance. About 44% of all Texas employers and 53% of Texas manufacturers are non-subscribers.
Why do employers elect to be non-subscribers?
For an employer, being a non-subscriber is often less expensive and allows for more control over how injured employees will be compensated. Employers can also decide which doctors can be used by a worker who is injured. Doctors who are picked by your employer may be more likely to minimize your injuries so the company can deny you benefits.
Is my work injury worth anything if my employer is a non-subscriber?
It is completely normal to wonder how much your case might be worth, especially if you’ve been injured on the job and your employer doesn’t have workers’ compensation coverage. Unlike the workers’ comp cases, there is no formula that determines what your injury benefits should be. With each case and each injury being different, each case is worth a different amount.
I’ve been hurt on the job, and know my worker is a non-subscriber. If they don’t have insurance, do I still have a case?
Your non-subscriber employer can be sued even if they have no insurance policy whatsoever. When a business is negligent, the punishment is always monetary. A corporation can’t be put in jail, for instance. So, when you’re hurt due to unsafe work conditions your non-subscriber employer created, failed to rectify or failed to inform you about, compensation would come directly from their assets.
Texas Non-Subscriber Workers’ Compensation Attorneys For Employees
Whether your employer is a Texas non-subscriber or carries workers’ comp insurance, you need strong representation if you are injured on the job.
We have protected employees’ rights for over six decades at The Zimmerman Law Firm. We will assess your case and determine your avenue for recovery.
Contact us to schedule a no-obligation consultation with one of our experienced Texas workplace injury lawyers.