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Non-Subscriber Workplace Injury Attorneys in Houston

Understanding Your Rights for Non-Subscriber Workplace Injuries in Houston

Normally, Texas mandates employers to carry workers’ compensation insurance for their employees. This insurance usually serves as the sole compensation for an employee injured on the job, except in cases of extreme negligence or deliberate actions leading to wrongful death.

Nonetheless, certain employers choose not to participate in the workers’ compensation system, becoming nonsubscribers. Under these circumstances, an injured worker might have the option to pursue legal action against their employer for injuries sustained due to negligence.

Non-Subscriber Employers in Houston

A growing number of large Texas employers choose not to provide workers’ compensation insurance, thus becoming nonsubscribers. When a work-related injury occurs due to negligence, an employee can sue these nonsubscriber employers for damages. The employer can’t claim defenses such as the employee’s contributory negligence, assumed risk, or a co-worker’s negligence. If the employer is slightly negligent, the employee might recover full damages.

Negligence and Unsafe Work Environments

To successfully sue a nonsubscriber employer, the employee must prove the employer’s negligence and failure to ensure a safe working environment. This includes neglecting to provide adequate tools, training, safety policies, employee monitoring, and instructions.

Employee Benefit Plans and Legal Actions

Some nonsubscribing employers might offer an employee benefit plan covering work-related injuries. However, this doesn’t alter their nonsubscriber status or prohibit lawsuits. Employees must be aware of the deadlines and procedures for reporting injuries and should keep a copy of the benefit plan. This plan might shorten the statute of limitations and propose arbitration as the resolution method. Employees should carefully consider before signing any post-injury waiver.

Workers’ Compensation Coverage

Employers offering workers’ compensation provide no-fault insurance coverage. Injured employees receive medical treatment and possibly wage loss benefits, regardless of who was at fault. Yet, in most scenarios, the presence of workers’ compensation means employees and their families cannot sue the employer, with exceptions for cases involving gross negligence or intentional wrongful death.

Third-Party Claims

If your work injury was caused by another company or its employee, you might have a claim against that third party, separate from any Texas workers’ compensation claim, subject to different deadlines.

Consulting a Nonsubscriber Attorney in Houston, Texas

If you’re injured at work, and your employer is a nonsubscriber, or if a third party caused your injury, reach out to Burwell Nebout Trial Lawyers. Our adept Houston attorneys specializing in nonsubscriber and third-party cases will guide you through your legal options and strive for the compensation you’re entitled to.

Practice Areas

Client Reviews


“I am a survivor of the March 23, 2005, BP explosion. Knowing my life had just been changed in an instant and not knowing what was to come was extremely unsettling. So when the time came to find legal representation, I chose Burwell Nebout personal injury attorneys from League City, Texas. Knowing they are from the Galveston County area made this an easy choice. Russ and Jimmy assured me they would do all things possible to help me and my family get through this most difficult time. Once again, I’d like to thank these men and their staff for their professional knowledge and guidance throughout those tough times. I know without a doubt I made the right choice.”

David Laymance
Santa Fe, Texas


“My company has faced disputes that require the litigation process to achieve resolution. I chose Russ and Jimmy to represent me not only for their ability to guide us through the process in a cost-efficient manner with the goal of resolution, but also with the comfort of knowing they have the skills and expertise to try the case.”

Will Watt
Friendswood, Texas


“Thank you for the excellent work performed by you and your staff in helping our company each step of the way in our pursuit of seeking reimbursement from BP due to our losses from the Deepwater Horizon oil spill. The presentation of the facts as well as the unknowns with each turn of the roller coaster has been greatly appreciated. I cannot thank you enough for the work you put into this nor credit you enough for the polish and professionalism in the way you did it.”

Doug Vingoe
Houston, Texas

Case Results

Automobile Accident

$19.2 million

Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdict

Record-setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

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