One of the most vital differences between an injured worker’s rights under Workers’ Compensation and under a Non-Subscriber policy is that if your employer has Workers’ Compensation, even if your employer was negligent in causing your injury, you cannot sue your employer. Your exclusive rights are found under Texas Workers’ Compensation law.
On the other hand, if your employer has elected Texas Non-Subscriber status, you have a right to file a lawsuit against your employer if your injury resulted from failing to provide with a reasonably safe workplace. Also, employers who choose to not obtain workers’ compensation coverage lose the protection of statutory limits on liability under the Labor Code which include arguing that you were partially responsible for your injury.
Wage Benefits and medical treatment are provided under both types of coverage but in a non-subscriber case, you are very likely to face an uphill battle if there is some argument about whether the company was responsible for causing your injury.