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Workplace Injuries
Houston Workplace Injury Lawyer (Non-Subscriber Employers)
You got hurt doing your job. Normal enough, that's supposed to be what workers' comp is for. Except Texas is one of the only states in the country where an employer can legally skip workers' comp altogether.
If yours did, you're not stuck with whatever your employer decides to offer you. You can actually sue them, and Texas law makes that easier than most people realize.
*This page is general information about Texas non-subscriber law, not legal advice for your specific situation.
What Does "Non-Subscriber" Mean in Texas?
In most states, workers' comp is mandatory. In Texas, it's optional for private employers. A company that opts out is called a non-subscriber.
If your employer is a non-subscriber and you're hurt on the job, you're not limited to workers' comp benefits. You can file a lawsuit directly against your employer for your medical bills, lost wages, and pain and suffering, damages a workers' comp claim usually wouldn't cover at all.
Why Non-Subscriber Cases Work Differently in Your Favor
Texas law strips non-subscriber employers of several defenses they'd normally have in an injury lawsuit. They generally can't argue you were partly careless, that you knew the job was risky when you took it, or that a coworker caused the accident instead of them.
That's a meaningful shift. It's also exactly why non-subscriber employers fight so hard, and why you want someone who's handled these before.
Workplace Injuries We Handle
Falls from heights, scaffolding, and ladders
Equipment and machinery accidents
Warehouse and forklift injuries
Construction site accidents
Repetitive strain and overexertion injuries
Why Houston Workers Choose McKinnon Law
Non-subscriber cases live in a gray area a lot of firms don't spend much time in. We do. Our job is to take what's actually a complicated corner of Texas labor law and explain it to you in plain English, then go build the case.
Talk to a Houston Workplace Injury Attorney, Free
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If your employer is a non-subscriber, you may be able to sue them directly for your injuries instead of filing a workers' comp claim.
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You can check with the Texas Department of Insurance, or we can look into it for you during a free consultation.
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Texas law prohibits retaliation against employees for pursuing a valid injury claim. If you believe you were retaliated against, tell us during your consultation.
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Potentially medical expenses, lost wages, and pain and suffering, more than a typical workers' comp claim would cover, depending on your case.
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Generally two years from the date of the injury under Texas law, though certain circumstances can affect this timeline. Confirm your specific deadline with an attorney.
Frequently Asked Questions
Have other questions? Get in touch with us!