What You Should Do When Injured While Working for a Non-Subscribing Employer
If you have been injured on the job and your employer does not carry workers’ compensation insurance, consulting with a non-subscriber work injury attorney is one of the most important steps you can take to protect your rights. The distinction between subscribing and non-subscribing employers carries significant legal consequences for injured workers, and understanding this difference could mean the difference between receiving limited benefits or recovering full compensation for your losses.
When an employer chooses not to subscribe to workers’ compensation coverage, injured employees have the right to pursue a lawsuit in regular court rather than being limited to workers’ comp benefits. A non-subscriber work injury attorney can help you navigate this process and understand your options. The law actually penalizes employers who opt out of workers’ compensation by exposing them to much higher liability when accidents occur. This is a deliberate policy choice designed to encourage employers to carry proper insurance coverage.
The Key Difference Between Subscribing and Non-Subscribing Employers
Subscribing employers who carry workers’ compensation insurance receive legal protection from lawsuits filed by injured employees. Workers injured on the job at these companies can only recover benefits outlined by the workers’ compensation statute, which typically includes medical expenses and a portion of lost wages. The trade-off is that employees cannot sue their employer for additional damages.
Non-subscribing employers, by contrast, do not receive this legal immunity. Injured workers can sue them in court without restriction and recover all available damages, including compensatory economic losses, non-economic damages, and in some cases, punitive damages. This creates significant financial exposure for employers who choose not to carry coverage.
Damages Available in Non-Subscriber Cases
The damages you can claim when injured by a non-subscribing employer are far more comprehensive than what workers’ compensation provides. These include lost earning capacity due to long-term disability, all medical expenses related to your injury, lost wages from time spent hospitalized or recovering, property damage, physical pain and suffering, emotional or mental distress caused by the injury, and other compensatory damages. Workers’ compensation typically does not cover many of these categories, which is why the distinction matters so much.
Why Some Employers Choose Not to Subscribe
Workers’ compensation insurance can be expensive, particularly for companies operating in inherently dangerous industries like construction, demolition, manufacturing, or oil and gas work. To reduce overhead costs, many employers in high-risk fields elect to forgo coverage entirely. Some may carry a less expensive private insurance policy instead, betting that accidents will not occur or that they can manage claims informally.
This strategy saves money until an accident actually happens. When a serious injury occurs, the liability and potential recovery amounts can be substantial because the law intentionally exposes non-subscribers to extensive liability. For companies in accident-prone fields, avoiding workers’ compensation coverage is a risky gamble that can result in devastating financial consequences.
Employers May Lie About Coverage
One of the most common problems injured workers face is that non-subscribing employers often claim they carry workers’ compensation insurance when they do not. Some employers will even make small cash payments to injured workers, framing them as workers’ comp settlements to avoid the much larger liability they would face in a lawsuit. If you accept these payments while believing your employer is properly covered, it becomes extremely difficult to pursue the full value of your claim later.
This deception happens regularly because the financial incentive is enormous. An employer facing potential liability of hundreds of thousands or even millions of dollars has strong motivation to convince an injured worker that they are covered and to settle the claim for a fraction of its true value. Only about half of Texas employers carry workers’ compensation coverage, so it is entirely possible that your employer is not covered despite what they may tell you.
How to Verify Your Employer’s Coverage Status
Determining on your own whether your employer actually carries workers’ compensation insurance can be challenging. Employers who want to hide their non-subscriber status have every reason to make verification difficult. This is where experienced legal representation becomes invaluable. The attorneys at Carabin Shaw understand exactly where to look and how to find whether your employer is truly carrying coverage or making false claims.
Do not simply accept your employer’s word that they carry workers’ compensation. Do not sign any settlement agreements or accept any payments without first having an attorney review the situation. Once you accept a settlement payment, your options for pursuing additional compensation become severely limited.
Why You Need a Non-Subscriber Work Injury Attorney
If your employer was a non-subscriber at the time of your injury, you are likely entitled to far more compensation than you would receive under a workers’ comp policy. You may also be entitled to far more than whatever settlement offer your employer has attempted to provide. The tactics used by non-subscribing employers and their insurance adjusters can be aggressive and deceptive.
An experienced attorney knows how to respond to these tactics and how to dig up the truth about your employer’s coverage status. Our attorneys understand the tricks that employers, their legal representatives, and insurance adjusters may use to prevent you from receiving the full value of your claim. We know how to investigate your employer’s actual insurance status, document your damages, and build a strong case for maximum compensation.
If you have been injured while working for an employer you believe may not carry workers’ compensation insurance, do not delay in seeking legal counsel. Contact Carabin Shaw or another qualified firm to discuss your situation. Our attorneys can help you understand your rights, verify your employer’s coverage status, and pursue the compensation you deserve. More information about our workers compensation representation is available through our office.
