A Texas non-subscriber claim generally involves an employer that has elected not to participate in the traditional Texas workers’ compensation system. Many non-subscriber employers provide employees with a private occupational injury benefit plan instead.
These cases should not be confused with ordinary workers’ compensation claims. Depending on the circumstances, an injured employee may have the right to pursue a negligence claim against a non-subscriber employer.
Issues such as unsafe lifting requirements, inadequate staffing, defective equipment, insufficient training, dangerous procedures, or failure to maintain a reasonably safe workplace can become important in determining whether employer negligence contributed to an accident.
