What You Can Recover in a Texas Non-Subscriber Lawsuit That Workers’ Compensation Doesn’t Cover
If you were injured on the job and your employer is a Texas non-subscriber, you may be entitled to a much broader range of compensation than what is typically allowed in a standard workers’ compensation claim.
Unlike traditional workers’ comp, which limits the types and amounts of benefits you can receive, non-subscriber cases allow injured workers to file a personal injury lawsuit directly against the employer—often resulting in greater compensation if negligence can be proven.
At Sandoval Law Firm, we help Texas workers understand the full extent of their legal options and pursue the damages they are truly entitled to under the law.
Types of Damages You Can Potentially Recover in a Non-Subscriber Lawsuit
If you file a lawsuit against your non-subscriber employer in Texas, you may be able to recover:
1. Pain and Suffering
Workers’ compensation does not compensate injured employees for physical pain or emotional distress. In a non-subscriber lawsuit, you can pursue damages for the pain you’ve endured due to your injury.
2. Mental Anguish and Emotional Distress
Injuries don’t just cause physical harm—they can lead to anxiety, depression, PTSD, and long-term emotional trauma. These damages are available in non-subscriber claims but are not part of workers’ compensation benefits.
3. Loss of Enjoyment of Life
If your injury prevents you from enjoying activities you once loved—such as sports, hobbies, or spending time with family—you may be eligible to recover damages for this loss.
4. Loss of Consortium
A spouse of an injured worker may claim damages for the loss of companionship and relationship strain that results from a serious workplace injury.
5. Punitive Damages
If your employer’s conduct was grossly negligent or showed a willful disregard for your safety, the court may award punitive damages. This is never available under workers’ compensation.
6. Full Lost Wages and Future Earning Capacity
While workers’ comp only pays a percentage of your wages, a non-subscriber lawsuit can allow you to claim 100% of lost wages and future income if your injury affects your ability to work long-term.
Your Injury. Your Rights. Your Justice.
Call us today at (346) 347-7777 or fill out our online form to schedule your free case evaluation.