A Texas Non-Subscriber Employer is a company that does not subscribe or carry TEXAS WORKERS’ COMPENSATION INSURANCE. A person who suffered a workplace injury needs to be diligent in determining the status of his employer as a Worker’s Compensation carrier or a Non-Subscriber. You can count on the employer, the insurance companies and even the treating physicians referring to your case as a “Worker’s Comp” case even though it is a Non-Subscriber case, as per Texas law. The doctors will even fill out the Department of Worker’s Compensation forms from the Texas Department of Insurance.
That’s because the difference only really matters to the injured worker or employee but, you should understand that Texas Non-Subscriber insurance is not the same as the workers compensation coverage nor is it a replacement for it. In fact, the rights you have under each type of coverage are very different. For example, in a non-subscriber case, you can sue your employer. In a Workers’ Comp case, generally you can’t sue the employer no matter how negligent he is. A non-subscriber attorney can quickly investigate coverage for you.