When an employee is injured on the job in Texas, the legal process differs significantly depending on whether their employer participates in the state’s workers’ compensation system. For non-subscriber employers—those who have opted out of workers’ comp—injured workers must pursue compensation through personal injury claims. This is where non-subscriber representation becomes essential.
At Armstrong Personal Injury Law, Dallas work injury lawyer Warren Armstrong specializes exclusively in non-subscriber representation, helping injured employees secure fair compensation for medical expenses, lost wages, and pain and suffering. Unlike traditional workers’ compensation claims, non-subscriber cases require proving employer negligence, making skilled legal guidance crucial.
Understanding Non-Subscriber Workplace Injury Claims
Texas is the only state where private employers can opt out of the workers’ compensation system without facing penalties. Instead, many non-subscribing employers carry private occupational injury benefit plans, which often provide limited coverage compared to workers’ comp.
In a non-subscriber case, injured workers must file a personal injury lawsuit to recover damages. This means proving:
- Duty of care. The employer had a legal obligation to maintain a safe workplace.
- Breach of duty. The employer failed to uphold safety standards.
- Causation. The employer’s negligence directly caused the injury.
- Damages. The worker suffered measurable harm, such as medical bills or lost income.
Without non-subscriber representation, injured employees may struggle to meet these legal requirements. A skilled attorney helps gather evidence, negotiate with insurers, and, if necessary, litigate the case in court.
How a Personal Injury Lawyer Assists in Non-Subscriber Cases
Navigating a non-subscriber claim involves multiple steps, each requiring legal expertise. Warren Armstrong provides comprehensive non-subscriber representation, ensuring injured workers receive the compensation they deserve.
1. Investigating the Workplace Accident
Before filing a claim, an attorney must thoroughly investigate the incident. This includes:
- Reviewing accident reports. Workplace injury attorneys obtain official incident records, witness statements, and safety violation histories.
- Examining workplace conditions. Was faulty equipment involved? Were safety protocols ignored?
- Consulting experts. Engineers, OSHA specialists, or medical professionals may be brought in to validate claims.
Without a proper investigation, insurers may deny liability. A Dallas work injury lawyer ensures no critical detail is overlooked.
2. Gathering and Preserving Evidence
Strong evidence is the foundation of any successful non-subscriber claim. Key pieces include:
- Medical records. Documentation from doctors, physical therapists, and specialists proves injury severity and treatment costs.
- Surveillance footage. If available, video evidence can show how the accident occurred.
- Employment records. Pay stubs and work schedules help calculate lost wages.
- Expert testimony. Safety professionals can testify about employer negligence.
A lawyer ensures all evidence is properly collected and preserved, preventing disputes over liability.
3. Negotiating with Insurance Companies
Non-subscriber employers often have liability insurance, but insurers frequently minimize payouts. An attorney handles negotiations by:
- Reviewing settlement offers. Initial offers are usually insufficient to cover long-term expenses.
- Countering lowball proposals. A skilled negotiator pushes for fair compensation based on medical costs, lost wages, and pain and suffering.
- Preventing bad-faith tactics. Insurers may delay claims or request unnecessary documentation—legal representation prevents these strategies.
Without non-subscriber representation, injured workers risk accepting inadequate settlements.
4. Filing a Lawsuit if Necessary
If negotiations fail, litigation may be required. A personal injury lawyer prepares for trial by:
- Drafting legal pleadings. Properly filed documents initiate the lawsuit.
- Conducting depositions. Witnesses, medical experts, and employer representatives provide sworn testimony.
- Presenting the case in court. A compelling argument increases the chances of a favorable verdict.
While many cases settle out of court, having a lawyer ready to litigate strengthens an injured worker’s position.
Common Challenges in Non-Subscriber Cases
Non-subscriber claims present unique obstacles that require legal expertise to overcome.
Employer Disputes Over Fault
While employers often blame workers for their injuries, Texas law bars recovery if the worker is deemed more than 50% at fault. A skilled attorney can challenge these accusations by exposing unsafe working conditions, inadequate training, or equipment failures—proving the employer’s share of liability and protecting the worker’s right to compensation
Inadequate Insurance Coverage
Unlike workers' compensation, private insurance policies often cap payouts—leaving injured workers undercompensated. An experienced attorney reviews the policy limits, identifies gaps in coverage, and determines if a lawsuit against third parties (like contractors or manufacturers) is necessary to recover full damages.
Retaliation Concerns
Employees sometimes fear reporting injuries due to potential retaliation. Texas law prohibits employers from firing or demoting workers for filing injury claims. Legal counsel ensures workers’ rights are protected.
Why Choose Warren Armstrong for Non-Subscriber Representation?
Warren Armstrong focuses exclusively on non-subscriber representation, offering in-depth knowledge of Texas labor laws and employer liability. His approach includes:
- Free case evaluations. Determining case viability without financial risk.
- Contingency fee basis. No fees unless compensation is secured.
- Personalized legal strategies. Every workplace injury case is unique.
For injured workers in Dallas and beyond, having an experienced advocate levels the playing field against employers and insurers.
