A non-subscriber is an employer that chooses not to carry workers’ compensation insurance. While that removes automatic benefits, it also exposes the employer to direct negligence lawsuits.
Contact The Biggs Firm
No worker should expect to suffer an injury while working. All employers in Texas must provide safe workplaces free from harm and health hazards to their workers. Authorities such as the Occupational Safety and Health Administration (OSHA) regulate workplaces and enforce rules to prevent occupational injuries. Unfortunately, not all employers in Texas take these rules seriously.
If you need to file a work injury lawsuit, I can help you bring your claim and fight for fair compensation in and out of the courtroom. I am attorney Brent A. Biggs, and I founded The Biggs Firm to help injured people in Odessa and Midland, as well as across West Texas, get their deserved compensation. My staff and I will help your family through the steps it may take to obtain the financial relief you need to move forward. You can schedule your free consultation now by calling our Odessa office at 432-201-3524.
Clients often choose my firm because:
Workplaces in Texas may not be the safest environments for employees – especially when employers cut corners to save time or boost productivity. According to the state Department of Insurance, in 2016, workers in Texas suffered 185,299 nonfatal workplace injuries.
Workers can suffer many severe injuries in unsafe workplaces in West Texas, including:
The largest Texas industries are construction, extraction, management, oil production, trucking, farming, banking and tourism. No matter your industry or the nature of your injuries, if your accident occurred at work, you can discuss the possibility of a work injury claim and lawsuit with me.
Texas is the only state that does not make purchasing workers’ compensation insurance mandatory for employers. It is possible, therefore, that your employer does not offer workers’ compensation benefits. This failure by your employer does not always mean you have no other outlet for financial recovery. You could still have grounds for a civil lawsuit based on negligence against your employer, a product manufacturer or another party (third-party claim).
A personal injury claim could pay for your economic and noneconomic damages if I can prove the defendant’s negligence. The reward in a civil lawsuit may be higher. You may be able to recover the costs of your medical bills, 100 percent of lost wages, pain and suffering, mental anguish and other losses.
Texas allows employers to opt out of the workers’ compensation system. These companies are called non-subscribers. When an employer chooses not to carry workers’ compensation coverage, it loses important legal defenses. A non-subscriber generally cannot argue that you assumed the risk of the job or that a co-worker caused your injury. The employer also cannot shift blame onto you to avoid responsibility. That changes the balance of power in a lawsuit.
As a former oilfield worker myself, I know the difference between an honest accident and cutting corners. When companies put production ahead of safety, they should be held accountable.
Even if your employer carries workers’ compensation, that does not always prevent a lawsuit. Many serious injuries in Odessa, Midland and across West Texas involve multiple companies working side by side.
You may have a claim against:
These third-party claims can be filed in addition to a workers’ compensation claim. They often allow for broader recovery because they are based on negligence rather than limited statutory benefits.
Workers’ compensation benefits are limited. In a civil lawsuit against a non-subscriber or third party, you may pursue:
The difference in potential recovery can be substantial, especially in catastrophic injury cases.
Below are answers to common questions about work injury claims in Odessa, Midland and throughout West Texas.
A non-subscriber is an employer that chooses not to carry workers’ compensation insurance. While that removes automatic benefits, it also exposes the employer to direct negligence lawsuits.
In many non-subscriber cases, the employer cannot rely on traditional comparative fault defenses. Even if you share some responsibility, you may still recover compensation.
Generally, you have two years from the date of injury to file a personal injury lawsuit. Acting quickly helps preserve evidence and protect your rights.
One of the most critical steps to take after suffering a personal injury on the job in West Texas is consulting with an attorney. During a free consultation with me, you can determine whether you have grounds for a workers’ compensation claim or personal injury lawsuit. My decades of experience in this practice area makes me uniquely suited to help injured workers in Texas.
Call me today at 432-201-3524 or send the firm a message to schedule your free, no-obligation meeting.
Last updated on February 18, 2026
You must act quickly if you are hurt or are facing litigation. Once you contact me, I will immediately begin protecting your rights, including preserving crucial evidence, reaching out to witnesses and taking the necessary steps to hold the negligent parties accountable.
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