This article continues our discussion on handling workplace injury cases against “non-subscriber” Texas employers. Our last article provided an overview of topics which this series will be addressing. It also stressed the need to contact an attorney immediately if you or a loved one have been injured on the job. It is important to contact counsel quickly as one only has a limited amount of time in which they can take action against their employer. In this article, we will be discussing how our state’s laws apply to injured workers as a general matter. If you need assistance then contact our office today to speak with a Fort Worth lawyer.
Injured Texas workers may sue non-subscribing employers directly
Texas is unique from other states in that it does not require employers to participate in the traditional workers’ compensation system. If an employer opts to not be part of the system then they will be considered a “non-subscriber.” If one is injured on the job, while working for such an employer, then they may bring a traditional personal injury case against them as opposed to relying on the workers’ comp system. Importantly, Texas’ laws attempt to discourage employers from opting out of workers’ comp by providing several additional benefits to the workers. These benefits include the fact that, unlike in other personal injury cases, an employer cannot claim comparative fault. This means that a worker may recover one hundred percent of their damages even if they were partially, or mostly, at fault for the accident. A Plaintiff may also wish to bring a claim against a potential third-party in such situations.
The foregoing can be explained through an example. Suppose Joe Employee is a restaurant worker who is severely burned in a grease fire. The fire was caused by a grease back up, which in turn was caused by the establishment failing to properly maintain components of the drainage system. Under this scenario, Joe would be entitled to bring a lawsuit against his non-subscribing employer for negligence. If it is shown that the grease trap was not properly designed, then he may be able to sue the manufacturer of the device as well. The restaurant will not be able to argue that Joe was partially responsible for starting the fire, as they would in a traditional personal injury case. If Joe can show that the employer was responsible for the injury then he may be entitled to compensation for past and future lost wages as well as past and future pain and suffering. It must be remembered that how any jury will decide a case is always going to depend on the specifics of the situation.
As of this writing, there are many major employers in the state of Texas who do not subscribe to the workers’ compensation system. These “non-subscription” statuses may include a single location for a company while others may be company wide. Just a few examples of such employers include:
- Chili’s restaurant
- Academy Sports + Outdoors
- Advance Stores Company (Advance Auto Parts)
- Best Buy
- Dollar Tree
- Domino’s Pizza
- Family Dollar
- Jack In The Box
- Lowes
- McDonalds
- O’Reilly Auto Parts
- Target
- Tres Habaneros
- Whataburger
If you have been injured by any such employers then contact our office today to speak with a DFW injury lawyer.
Recent changes in Texas law may complicate the handling of non-subscriber cases
In 2025, Texas’ Supreme Court decided the case of IN RE EAST TEXAS MEDICAL CENTER ATHENS, 712 S.W.3d 88 (Tex. 2025). In this decision, the Court held that non-subscribing employers are not foreclosed from designating an entity as a “responsible third party.” This means that if a company can show that a third-party was responsible for the harm, then the employer may escape liability. This escape of liability may be proportional to harm caused by third-party or it may be absolute in some instances. This has the practical effect of allowing an employer to “pin the blame” on entities which may be unknown, bankrupt, and not named in the lawsuit for a variety of reasons. This decision likely makes the need to have experienced and qualified representation more important for accident victims.
Contact Noteboom – The Law Firm today if you have been in a workplace accident involving a non-subscribing employer. Our firm is dedicated to protecting the rights of individuals over those of corporations and we focus exclusively on the areas of personal injury law. We will give your matter the attention it deserves. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.