Non-Subscriber Litigation

Texas is unique in that employers are able to opt out of the workers' compensation system. These companies, known as non-subscribers, can establish their own occupational injury program; however, they can be sued by their employees for on-the-job injuries. Non-subscriber liability is a unique area of law requiring knowledgeable legal counsel. Our firm represents non-subscribing employers in Texas regarding work injury litigation. We specialize in early evaluation of nonsubscriber claims and defenses, and have experience defending employers before juries and arbitrators against these claims.

Unlike workers' compensation insurance coverage, such programs typically have specific policy limits on medical benefits for each covered employee and the alternative insurance may not cover the entire amount due to the injured worker. In addition, alternative coverages usually have shorter maximum payment periods than those provided by Texas workers' compensation laws.

Most importantly, many alternative coverages may not provide coverage for judgments for pain and suffering, punitive damages and attorneys’ fees. Thus, the non-subscriber employer could be on the hook for more than what the alternative coverage provides. Because your company’s own assets could be at risk, hiring experienced, aggressive but cost-conscious counsel is critical. We will assist not only in determining what will be covered by the alternative insurance, but also aggressively defending those claims that are not covered by alternative coverage to protect your business.