What are your rights if your employer is a non-subscriber for workers’ comp?

No one should have to worry about losing their income because they become ill or injured because of their job. Sadly, some people wind up in exactly that situation. Workers’ compensation is a critical stopgap between those who are injured are will because of their work and the financial consequences that result from their medical condition.


Unlike most other states, Texas allows employers to opt out of carrying workers’ compensation insurance. Some of them carry non-subscriber insurance. These are alternative policies intended to replace workers’ compensation. Others will decide to cover costs on their own.

What are your rights as an injured worker if your employer doesn’t have standard workers’ compensation insurance?

You have the right to report your injury and have your employer report it

A company that doesn’t carry workers’ comp insurance still has to report workplace accidents and illnesses if they result in at least one day of lost time by the employee involved. You have the right to report your injury to your employer. Companies still have a legal obligation to report employee injuries to state authorities within 24 hours even if they forgo standard workers’ comp insurance.

You have a right to compensation for your losses

Even if your employer doesn’t have this insurance, you still have the right to file a claim for medical benefits and disability compensation for lost wages.

One of the big differences will be who pays the claim. In some cases, an insurance company that provides alternative insurance will be the one that pays out benefits. Other times, it may be your employer who pays your costs directly.

Advocating for yourself and negotiating for appropriate levels of compensation can be even more difficult in workplace injury or illness claims without standard workers’ comp insurance. Those in need of benefits will need to maintain careful records and advocate for themselves at every step of the process. An experienced attorney can help you.

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