Can You Sue for Pain and Suffering If Your Employer in Laredo Is a Non-Subscriber?

In Texas, many injured workers are surprised to learn that not every employer is required to carry workers’ compensation insurance. Under state law, employers who opt out of the workers’ compensation system are known as “non-subscribers.” While this can create confusion after an on-the-job injury, it also opens the door to a right that workers in most other states do not have: the right to sue your employer directly for negligence and seek full compensation, including pain and suffering. 

   

At Anderson Alexander (A2X), we believe that hardworking Texans deserve protection, respect, and accountability. We regularly represent construction, oilfield, and industrial workers in Laredo who have been hurt on the job and left without fair support. Too often, non-subscriber employers take advantage of the very system that gives them flexibility, leaving injured employees to bear the financial and emotional burden alone. Our mission is to ensure that doesn’t happen to you. 

 

What Is a Non-Subscriber Employer in Texas?

A non-subscriber employer is a company that chooses not to participate in Texas’s workers’ compensation insurance program. Texas is the only state in the country that allows private employers to opt out of workers’ comp coverage. These employers are not required to pay into the state system or provide standard workers’ comp benefits. Still, in exchange, they lose many of the legal protections that subscribing employers enjoy. 

   

This means if your employer in Laredo does not carry workers’ comp coverage and their negligence caused your injury, you have the right to file a personal injury lawsuit directly against them. This is a significant difference from traditional workers’ comp cases, which generally prohibit lawsuits against employers and do not allow recovery for pain and suffering or other non-economic damages. 

   

At A2X, we see many injured workers who initially think they have no options, only to discover they have a powerful claim against a non-subscriber employer. 

 

Understanding Texas’s “Opt-Out” System 

Texas’s opt-out system was designed to give employers more flexibility in managing workplace injury claims. Instead of contributing to the state’s workers’ compensation system, non-subscribers often create their own internal benefit plans or rely on private insurance to handle injury claims. 

   

However, this flexibility often benefits the employer far more than the worker. Many non-subscriber plans limit medical coverage, restrict which doctors you can see, or require arbitration instead of allowing a lawsuit. Others provide minimal benefits (or none at all), forcing employees to shoulder the costs of their recovery. 

   

In Laredo, this is especially common among construction companies, oilfield operators, trucking carriers, and industrial employers. These companies often opt out to save money on insurance premiums and limit their financial exposure, but when an accident happens, it’s the worker who suffers most. 

   

At A2X, we’ve seen how some employers use this system to avoid accountability. They may deny responsibility, pressure employees not to report accidents, or offer small settlements that don’t come close to covering the full extent of your injuries. That’s why the law gives you the right to fight back, and we’re here to help you do it. 

 

Can You Sue for Pain and Suffering in a Non-Subscriber Case?

Yes, you can. In fact, one of the most significant advantages of filing a claim against a non-subscriber employer in Texas is that you can pursue damages for pain and suffering, something not available under traditional workers’ compensation. 

   

If your employer’s negligence caused your injury, you can seek compensation for both economic and non-economic damages: 

   

  • Economic Damages: Medical expenses, lost wages, future lost earnings, rehabilitation costs, and other financial losses related to your injury. 
  • Non-Economic Damages: Pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and the mental toll of your injury. 

   

These damages can be especially significant if your injuries are severe or life-altering, such as spinal injuries, traumatic brain injuries, or burns. However, because non-subscriber cases require proof of employer negligence, they are often more complex and contested than traditional claims. That’s where A2X’s experience and determination truly make a difference. 

 

What Must Be Proven in a Non-Subscriber Claim

In a non-subscriber lawsuit, the burden is on the injured worker (with our team's assistance) to prove that the employer’s negligence caused the injury. We must establish four key elements: 

   

  • Duty of Care: The employer had a legal obligation to provide a reasonably safe workplace. 
  • Breach of Duty: The employer failed to uphold that duty, for example, by not providing proper training, failing to maintain equipment, or ignoring safety standards. 
  • Causation: The employer’s breach directly caused your injury. 
  • Damages: You suffered measurable harm, financial, physical, and emotional, as a result. 

   

Because Texas law prohibits non-subscriber employers from using certain defenses (like claiming the worker was partially at fault), these cases can be extreme when appropriately handled. However, employers and their insurers will still fight aggressively to minimize liability, making it essential to have a legal team capable of gathering evidence, interviewing witnesses, and demonstrating negligence with precision. 

   

At A2X, we know how to build these cases from the ground up, leveraging our understanding of Texas workplace law, industrial operations, and the tactics employers use to avoid accountability. 

 

Common Examples of Non-Subscriber Employer Negligence in Laredo

Every workplace is different, but we often see the same dangerous behaviors and conditions that lead to preventable injuries across Laredo’s high-risk industries. Typical forms of employer negligence include: 

   

  • Lack of proper safety training for workers operating heavy machinery or working at heights. 
  • Failure to provide safety gear, such as harnesses, gloves, hard hats, or flame-resistant clothing. 
  • Ignoring OSHA standards and cutting corners on safety to meet deadlines. 
  • Poor equipment maintenance leads to malfunctioning tools or vehicles. 
  • Understaffing or excessive work hours result in fatigue-related accidents. 
  • Failure to supervise contractors or subcontractors who create unsafe site conditions. 
  • Not addressing known hazards like exposed wires, slick surfaces, or unstable scaffolding. 

   

These conditions are not “just part of the job.” They’re the result of decisions, and when those decisions cause injuries, the employer must be held accountable. 

 

What Compensation Can You Recover in a Non-Subscriber Case?

Because non-subscriber cases operate outside of the workers’ comp system, the compensation available can be much more substantial. Workers can seek damages for: 

   

  • Current and future medical expenses 
  • Lost wages and lost earning capacity 
  • Physical pain and emotional suffering 
  • Permanent disability or disfigurement 
  • Loss of enjoyment of life 
  • Funeral expenses in wrongful death cases 

   

While these settlements are often larger than what workers’ comp would provide, they are harder to secure because employers fight to avoid liability. A2X stands out by handling these cases aggressively from day one by conducting deep investigations, identifying every responsible party, and building persuasive, evidence-based arguments that withstand scrutiny. 

   

Our attorneys are experienced in navigating Texas’s complex non-subscriber landscape and have the resources to take on large employers, insurance companies, and their legal teams. We don’t settle for less than what our clients truly deserve. 

 

Get Started Today 

If you were injured while working for a non-subscriber employer in Laredo, you have rights, but those rights don’t protect themselves. Texas law gives you a limited window to act. In most cases, you have two years from the date of the injury to file a lawsuit. Waiting too long can mean losing your ability to recover compensation altogether. 

   

At Anderson Alexander (A2X), we are proud to stand beside the workers who power Laredo’s industries, from construction crews to oilfield hands, truck drivers, warehouse employees, and industrial technicians. We know how hard you work, and we understand how devastating it is to be injured because your employer didn’t take safety seriously. If your employer in Laredo has opted out of workers’ comp and you were hurt on the job, you may be entitled to significant compensation for pain and suffering and other damages. Don’t let an employer’s negligence or insurance tactics stop you from getting the recovery you deserve. 

   

Contact A2X today to schedule a consultation and learn how we can help you hold your employer accountable and secure justice after a workplace injury.