Shoulder Injury $150,000
Workplace Injury: Unsafe Workplace/Flooring
Our Dallas-Fort Worth Work Accident Lawyer Can Help You Recover Compensation if You've Been Injured Working for a Non-Subscriber
Our Experienced Dallas-Fort Worth Work Accident Lawyer Will Advocate for Your Rights
Whether it's a construction site mishap, a warehouse ladder accident, or an office-related incident, workplace injuries can occur in any setting, leaving you with physical, emotional, and financial burdens. If you have a non-subscriber employer, working with an experienced work accident lawyer in Dallas-Fort Worth is crucial for obtaining rightful compensation.
Without workers’ compensation, your claim can be complex—but we’re here to guide you every step of the way. We’ll work to prove employer negligence, assess the full impact of your injuries, and pursue damages for medical expenses, lost income, pain and suffering, and more. Our firm is committed to standing up for workers’ rights and ensuring that you’re not left shouldering the burden alone.
If you’ve suffered a workplace injury and your employer is a non-subscriber, don’t wait to take action. At Armstrong Law, we aim to advocate for your health, well-being, and the compensation you deserve. We’ll evaluate your case, explain your legal options, and fight for the justice you deserve.
For a free consultation, please reach out to our Dallas office at 214-932-1288. We are here to support you through this difficult time and advocate for your rights.
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What Does it Mean to Be a Non-Subscriber Employer?
In Texas, businesses are not required to carry workers' compensation insurance, meaning some employers choose to opt out of the state-regulated system. These companies are known as non-subscribers because they do not “subscribe” to the Texas workers’ compensation program. Instead, they may offer alternative workplace injury benefits or self-insure.
Many of Texas’s largest employers are non-subscribers. This means that if an employee is injured on the job, they do not automatically receive benefits under the Texas workers’ compensation system. Instead, the employer may have a private injury benefit plan, or the injured worker may need to pursue legal action to recover damages. Cases involving workplace injuries at non-subscriber companies are known as non-subscriber cases and often involve different legal considerations than standard workers’ compensation claims.
Major Non-Subscriber Employers in Texas
Many of Texas's largest employers operate as non-subscribers, including:
- Walmart - Retail locations statewide
- Amazon - Warehouses and fulfillment centers
- Home Depot - Retail and distribution centers
- Costco - Warehouse club locations
- Target - Retail stores and distribution
- Lowe's - Home improvement stores
- Kroger - Grocery store chain
- Fiesta - Regional grocery chain
- O'Reilly Auto Parts - Automotive retail
- AutoZone - Auto parts stores
- Dollar General - Discount retail
Employers who opt out of workers’ compensation must clearly inform employees about their non-subscriber status and explain what alternative benefits, if any, they offer. This is usually done through written policies, employee handbooks, and acknowledgment forms signed at the time of hiring.
One key difference between workers' compensation and non-subscriber cases is liability. Unlike employers who carry workers’ compensation (which limits lawsuits against them), non-subscriber employers can be sued for workplace injuries. If an employee can prove that the company’s negligence contributed to their injury, they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more.
Because of these legal complexities, injured workers at non-subscriber companies should carefully review their rights and consider seeking legal advice to determine the best course of action.
Our Client Success Stories
Broken Pallet Jack - Fractured Ankle $200,000
Workplace Injury: Defective Equipment
Knee Injury $425,000
Workplace Injury:
Unsafe Work Area, Debris on Floor
Cervical Spine and Shoulder Injuries - $305,000.00
Workplace Injury: Improperly Stacked Product
Shoulder Injury $180,000.00
Workplace Injury:
Failure to Train, Lifting
Crush Injury/Complex Regional Pain Syndrome (CRPS) - $750,000
Workplace Injury:
Industrial Cart Falling on Worker
Hand/Wrist Injury $137,500
Workplace Injury:
Improperly Stacked Product
Shoulder Injury $225,000.00
Workplace Injury: Improper Lighting Conditions
Lumbar Spine Surgery $850,000.00
Workplace Injury:
Failure to Train, Lifting
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Steps to Take if You’re Injured at Work and Your Employer is a Non-Subscriber
If you’ve been injured at work, you may be entitled to compensation. To protect your rights and maximize your potential recovery, follow these essential steps:
Seek medical care. Prioritize your health by getting proper medical treatment for your injury. Keep records of your diagnosis, treatments, and medical expenses, as these documents can serve as crucial evidence.
Report the injury. Inform your employer about the incident as soon as possible and follow their reporting procedures to create an official record.
Gather evidence. Collect important details, including witness contact information and photos of the accident scene. Write down everything you remember about the incident while it’s still fresh in your mind.
Confirm your employer’s status. Determine whether your employer carries workers’ compensation insurance or operates as a non-subscriber, as this will affect your legal options.
Consult a work injury attorney. Getting advice from a work injury lawyer in Dallas, TX, can provide you with the guidance you need to protect your rights and pursue fair compensation.
Table of Contents
- What Happens If I’m Injured While Working for a Non-Subscriber Employer in Dallas-Fort Worth?
- What Damages Can I Recover in a Non-Subscriber Work Injury Claim?
- What’s the Difference Between a Non-Subscriber Work Injury and a Third-Party Injury Claim?
- How Non-Subscriber Cases Differ from Workers' Compensation
- Key Legal Advantages in Non-Subscriber Cases
- Critical Time Limits: Two-Year Statute of Limitations
- Frequently Asked Questions
- Why Choose Our Dallas-Fort Worth Workplace Injury Lawyer for Help With Your Claim
- Contact Our Dallas-Fort Worth Work Accident Lawyer
What Happens If I’m Injured While Working for a Non-Subscriber Employer in Dallas-Fort Worth?
Non-subscriber employer injury cases are different from other types of personal injury claims. In a typical personal injury case in Dallas-Fort Worth, your percentage of fault reduces your ability to recover damages. In a non-subscriber work injury case in Dallas, and throughout the state of Texas, the employer is not allowed to try to blame the worker for their injuries.
If your employer is found to be just 1% at fault in causing your injury, your employer is on the hook for 100% of your damages. The most common ways in which employers are found liable for their workers’ injuries include:
- Insufficient or improper training. This includes failure to provide comprehensive safety instruction and inadequate equipment operation guidance
- Hazardous work environments. Such as poorly maintained facilities, inadequate lighting, or poor ventilation
- Defective or improperly maintained equipment. This includes outdated or malfunctioning machinery, lack of regular inspections, and failure to replace worn-out tools
- Substandard or missing personal protective equipment (PPE). This includes failure to provide appropriate safety gear, supplying low-quality items, or not enforcing the use of required safety equipment
- Negligence of supervisors or co-workers. This includes failure to address reported safety concerns and improper supervision of high-risk tasks
- Violation of occupational safety regulations. This includes non-compliance with OSHA standards, failure to report workplace incidents, and ignoring mandated safety inspections
- Improper handling of hazardous materials. Such as insufficient training on chemical handling, lack of proper storage facilities, and failure to provide necessary containment equipment
What Damages Can I Recover in a Non-Subscriber Work Injury Claim?
According to our Dallas-Fort Worth workplace injury lawyer, potential damages your non-subscriber can be held liable for include:
- Current lost income. This includes inability to work, future lost earning capacity, and lost benefits such as health insurance and retirement contributions.
- Medical expenses. Including bills for emergency rooms and hospitals, surgical expenses, ongoing treatment and therapy costs, and prescription medication expenses.
- Pain and suffering compensation. Can be for physical pain endured due to the injury as well as emotional distress and mental anguish.
- Disfigurement compensation. Scarring, visible physical deformities, and costs of cosmetic procedures to address disfigurement.
- Physical compensation can be for permanent disability or loss of function, reduced mobility or dexterity, chronic pain or discomfort, and the costs of home modifications to accommodate impairment.
- Additional potential damages, such as punitive damages in cases of gross negligence.
What’s the Difference Between a Non-Subscriber Work Injury and a Third-Party Injury Claim?
In many workplace accidents, there are third parties such as product manufacturers, vendors, suppliers, clients, contractors, or subcontractors who are responsible for any injuries that their employees may cause. If you are injured at a workplace by some other third party’s employee, you may be able to bring a personal injury claim against that company with the assistance of a Texas workplace accident lawyer.
These personal injury claims against responsible parties other than your employer are called third-party claims. It is important to move quickly if you think you may have a third-party claim since evidence is often lost and witnesses’ memories fade as time passes.
How Non-Subscriber Cases Differ from Workers' Compensation
| Aspect | Workers' Compensation | Non-Subscriber Case |
|---|---|---|
| Fault | No-fault system | Must prove employer negligence |
| Compensation | Limited benefits | Full damages including pain & suffering |
| Process | Administrative hearing | Civil lawsuit in court |
| Time Limit | One year to file claim | Two years to file lawsuit |
| Medical Costs | Covered by workers' comp | May need health insurance initially |
Key Legal Advantages in Non-Subscriber Cases
1% Rule: Employer Liability
If your non-subscriber employer is found even 1% at fault for your injury, they are liable for 100% of your damages. This is a significant advantage over typical personal injury cases where fault is proportional.
Employer Loses Key Defenses
Non-subscriber employers lose crucial legal protections, including:
- Contributory negligence defense
- Assumption of risk defense
- Co-employee negligence defense
- Immunity from employee lawsuits
Common Ways Employers Are Found Negligent
- Failing to provide proper safety training
- Maintaining unsafe work conditions
- Not following OSHA safety regulations
- Inadequate supervision or oversight
- Defective or poorly maintained equipment
- Failure to implement safety policies
- Rushing work without proper safety measures
Critical Time Limits: Two-Year Statute of Limitations
You have exactly two years from the date of your injury to file a non-subscriber work injury claim in Texas. This deadline is strictly enforced by courts, with very limited exceptions.
Important Exceptions
- If your employer requires arbitration agreements, shorter deadlines may apply
- Discovery rule may apply if the injury wasn't immediately apparent
- Occupational illnesses may have different timing rules
Frequently Asked Questions
Can I be fired for filing a non-subscriber claim?
Texas law generally allows at-will employment, but firing someone for filing a legitimate work injury claim may constitute wrongful termination. Consult with an attorney about your specific situation.
What if I was partially at fault for my injury?
In non-subscriber cases, if your employer is found even 1% at fault, they're liable for 100% of damages. Your own fault doesn't reduce the employer's liability in the same way it would in other personal injury cases.
Do I need to use my health insurance for medical treatment?
Initially, you may need to rely on your health insurance since non-subscriber employers don't automatically pay medical expenses. However, you can recover these costs through your lawsuit.
Can I settle my case out of court?
Yes, many non-subscriber cases are resolved through settlement negotiations. An experienced attorney can evaluate whether a settlement offer is fair or if going to trial would be more beneficial.
Why Choose Our Dallas-Fort Worth Workplace Injury Lawyer for Help With Your Claim
If you are injured while working for a non-subscriber employer, our work accident lawyer in Dallas-Forth Worth can help you by:
- Evaluating the specifics of your case to determine the best course of action for your non-subscriber work injury claim and possible third-party personal injury claim.
- Negotiating with insurance companies or employers to secure fair compensation for your injuries.
- Providing legal representation if your case goes to trial, is particularly important for non-subscriber cases where litigation is more likely.
Contact Our Dallas-Fort Worth Work Accident Lawyer
Our DFW work accident lawyer at Armstrong Law is committed to building strong cases and securing recoveries for non-subscriber work injury clients in the Dallas-Fort Worth area. Ready to take the next step?
Complete our contact form by clicking the button above to request a free initial consultation. For immediate assistance, call us at (866) 932-1288. You pay nothing unless we win your case.