Work Injury Claims Against Non-Subscriber Employers in Texas

Non-Subscriber Employers Can Be Sued for Negligence

Texas allows some employers to opt out of workers’ compensation. If your company is a non-subscriber and you were hurt on the job, you can file a negligence lawsuit and pursue full damages. The Arnsworth Law Firm helps injured employees across Houston and statewide build strong cases, from unsafe retail stockrooms and restaurants to construction sites and distribution hubs.


We act fast to document unsafe practices, preserve evidence, and explain how non-subscriber rules limit an employer’s defenses. If your work injury involved a jobsite hazard or heavy equipment, we coordinate with our team handling construction and industrial accidents to cover every angle.

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What Is a Non-Subscriber Employer

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Opted out of Texas workers’ compensation system

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May offer an internal “occupational injury plan” that is not workers’ comp

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Must notify employees, but many workers learn only after an injury

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Still responsible for providing a reasonably safe workplace

Your Rights After a Non-Subscriber Injury

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You can sue for negligence in civil court or arbitration

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Employer cannot use certain defenses such as assumption of risk

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If the employer is even slightly at fault, liability can be significant

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You can recover full damages, not just limited comp benefits

How We Build Your Work Injury Case

Negligence at work often looks like missing safety training, poor supervision, lack of fall protection, broken ladders, unguarded machinery, or ignored OSHA guidance. We gather safety manuals, maintenance logs, witness statements, incident histories, and expert opinions to show exactly how your employer failed to protect you.


In a lawsuit you may recover medical costs, full lost wages and earning capacity, pain and suffering, and future care. If a subcontractor or equipment maker contributed to the hazard, we also pursue third-party claims and coordinate strategy with our broader practice areas to avoid gaps in recovery.

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Answers to Common Non-Subscriber Work Injury Questions

  • What if I signed an arbitration agreement or waiver?

    Many non-subscribers require arbitration. We review what you signed, challenge unfair terms when possible, and pursue full damages in the appropriate forum.

  • What if I was partly at fault?

    Texas law limits an employer’s ability to reduce responsibility in non-subscriber cases. If employer negligence existed, you may still recover despite an honest mistake on the job.

  • Can I be fired for filing a claim?

    Retaliation for reporting an injury or asserting your rights is illegal. Tell us if you are being pressured or threatened.

Put an Experienced Texas Work Injury Attorney on Your Side

Work injuries change lives. The Arnsworth Law Firm explains your rights, handles insurers, and pursues every responsible party. Start with a free consultation and get a clear plan forward today.