In Texas, employers are not required to participate in the state’s workers’ compensation system. Instead, they may choose to be non-subscribers, which means they do not provide workers’ compensation coverage regulated by the state. Injured workers employed by non-subscribers may have the right to file a lawsuit against them for workplace injuries.
Once you determine whether your employer is a non-subscriber, you will have a better understanding of your rights as a worker. You’ll also have a better understanding of your options in the wake of a work-related accident.
What Is Texas’s Non-Subscriber Law?
Texas allows employers to opt out of the state’s workers’ comp system. In other states, workers’ comp is mandatory. Employers that are non-subscribers are not protected by workers’ compensation laws, which means that employees can hold them directly liable for any injuries that occur in the workplace. In Texas, workers can sue their employers for injuries. Another important thing every Texas worker should know is that non-subscribers are not required to disclose their status openly. As a result, workers need to take specific steps to determine if an employer has opted out of the workers’ comp system.
If your employer is a non-subscriber, you may have the right to file a lawsuit against them for negligence. Unlike in traditional workers’ compensation cases, you may be able to recover full damages, including medical expenses, disability, future earnings loss, and pain and suffering.
Check the Texas Department of Insurance Database
The Texas Department of Insurance (TDI) database maintains records of employers in the state that participate in the state’s workers’ compensation system. If you are curious about your own workplace, you can visit the TDI website or contact the organization directly to verify if your employer participates. Employers not listed in the database may be non-subscribers.
If you find that your employer is a non-subscriber, you may have concerns, but you still have legal recourse if you become injured on the job. If your employer is found to be even partially at fault, they may be liable for damages.
Ask Your Employer Directly
You may find it most helpful to contact your employer’s Human Resources department directly to discuss workers’ compensation coverage. Even if the company is a non-subscriber, it may offer an alternative injury plan. Keep in mind that these types of plans do not provide the same legal protections as a state-regulated plan.
If you aren’t sure who to contact to learn more, you may also find it helpful to know that subscribing employers are required to post notices informing workers of their rights. Non-subscribers are not required to post these notices. You may also find additional information in your onboarding documents or benefits statements.
Contact Our Texas Attorney If You Were Hurt by a Non-Subscriber Employer
If you have been injured in a workplace incident, you have options. Even if you are unable to determine if your employer is a subscriber, a personal injury attorney can provide additional information. In fact, legal professionals can investigate whether an employer is a non-subscriber and which legal options are available to help you seek compensation.
If you have been the victim of a workplace injury, you may be eligible to receive compensation to cover the unexpected expenses. Contact us today to discuss your options.
