If you work for anyone outside of the state or federal government, you have about a 1 in 4 chance that you work for a Texas Non-Subscriber Employer. The industries with highest Non-Subscriber rates include healthcare, educational services, wholesale and retail, trade, transportation, arts, entertainment, accommodation and food services. If you work for the usual large grocery chains, retailers, hotels and restaurants, your employer could be a Non-Subscriber. No matter the size of company or the industry, Texas is the only state where private sector employers can step outside of Workers Compensation system for coverage and elect “Non-Subscriber” status. In 2018, the Texas Division of Workers’ Compensation estimated that the percentage of private sector employers that are Non-Subscribers rose from 22 percent to 28 percent (an estimated 105,608 private, year-round employers in 2018 were Texas Non-Subscribers).
If you are researching whether your employer could be a Texas Non-Subscriber, you very likely have heard from someone that your employer’s insurance is not Workers’ Compensation but, it may cover treatment and wages after a work injury. If you have been receiving some medical attention and you’ve been speaking with an insurance agent along the way, your employer likely has Texas Workers’ Compensation, or is a Texas NON-SUBSCRIBER. Although most Texas Non-Subscriber employers are small employers, about 1 out of every 5 large employers in Texas (employers with 500 or more employees) does not participate in the Workers’ Compensation System because they believe they can “most effectively mange costs and ensure that their employees receive appropriate benefits as Texas Non-Subscribers.”
One of the most vital differences between an injured worker’s rights under Worker’s 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 Worker’s 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 lose the protection of statutory limits on liability under the Labor Code which include arguing that you were partially responsible for workers’ compensation coverage your injury.
If you’ve been injured working for a Texas Non-Subscriber, don’t assume that your employer, the insurance adjuster or the doctors are going to help you get the best treatment you need. Often times, their actions are motivated by delay and are focused on protecting the company. The longer you wait, the harder it will be on you and your family down the road.
If you would like to know more about the types of Non-Subscriber cases Sandoval Law Firm, PLLC handles, call Texas Work Injury Attorney Hector L. Sandoval at (346) 347-7777 or visit us on the web at https://sandovalpllc.com/. We fight to protect the rights of injured workers and their families!