Types of Damages You Can Recover from a Non-Subscriber Employer in McAllen

Texas is a state known for its independence, and nowhere is that more evident than in the state’s approach to workplace injury coverage. While most states require employers to carry workers’ compensation insurance, Texas gives employers a choice: either “subscribe” to the system or opt out entirely. Those who choose not to participate are known as non-subscriber employers. 

At Anderson Alexander (A2X), we represent injured workers across McAllen and South Texas who are facing the consequences of that choice. Non-subscriber employers often make this decision to save money and maintain more control over claims. Still, the result is that injured employees are left with fewer protections and far more obstacles when seeking compensation. 

The difference between subscriber and non-subscriber claims is significant. When your employer is a subscriber, your benefits come from the state’s workers’ compensation system, typically covering medical bills and a portion of lost wages, regardless of fault. You generally cannot sue your employer directly. But when your employer is a non-subscriber, you have the right to file a civil claim directly against them for negligence. These cases can take longer and require more legal work to prove, but the potential recovery is often far greater. That’s because non-subscriber cases allow you to pursue full damages, not just the limited benefits offered by workers’ compensation. 

A2X stands firmly on the side of injured workers. We know how overwhelming it can be to face a powerful company that refuses to help after an accident, and we understand how frustrating it is to be left alone when you trusted your employer to do the right thing. Our mission is simple: to hold negligent employers accountable and to fight for every dollar you’re entitled to under Texas law. 

Why So Many Texas Employers Are Non-Subscribers 

Many Texas employers, including construction companies, oilfield contractors, and industrial firms in McAllen, choose to opt out of the state’s workers’ compensation system. They call it “freedom” or “flexibility,” but in reality, it often means they’re protecting their bottom line instead of their workers. 

By opting out, employers can design their own injury policies, decide how claims are handled, and avoid paying into the state’s insurance system. Some offer private insurance programs that appear similar to workers’ comp. Still, those plans often limit coverage, deny claims more easily, or require employees to sign away their rights in fine print. 

The trade-off for employers is that once they opt out, they lose key legal protections. Under Texas law, a non-subscriber employer cannot assert certain defenses, such as arguing that an employee’s negligence caused their own injury. That means if their unsafe practices, poor training, or defective equipment caused your accident, they can and should be held accountable. 

At A2X, we know how to use those rules to your advantage. We investigate the employer’s policies, identify where safety protocols were ignored, and build powerful cases designed to show precisely how their negligence caused your harm. 

The Damages You Can Recover from a Non-Subscriber Employer 

In a non-subscriber case, your potential recovery isn’t limited to basic medical bills or partial wages. Instead, you can pursue comprehensive damages, the full measure of your losses, both economic and personal. These are the damages that reflect what you’ve truly lost and what you need to move forward. Below are the main categories of damages you can recover, how they’re determined, and why they matter for your life and future. 

1. Medical Expenses 

Your medical costs often form the foundation of your case. These include emergency room visits, hospital stays, surgeries, physical therapy, medications, and any future care you may need. At A2X, we work with medical experts to document not only your current bills but also your ongoing needs, such as rehabilitation, assistive devices, and long-term treatment. 

Our team calculates the total medical value of your claim based on detailed records, expert evaluations, and testimony from your healthcare providers. The goal is to ensure that you’re not stuck paying for injuries that your employer’s negligence caused. 

2. Lost Wages and Loss of Future Earning Capacity 

After a serious workplace injury, many workers face weeks or months without income. In more severe cases, injuries can end a career entirely. You can recover damages for the wages you’ve already lost and for the income you’ll lose in the future if you can’t return to the same type of work. 

Our attorneys and financial experts evaluate your work history, job classification, and medical prognosis to determine a fair calculation of your lost earnings. Whether you’re a construction worker, equipment operator, or foreman, A2X fights to make sure your financial stability is restored. 

3. Pain and Suffering 

The physical pain that follows an accident can be intense and long-lasting. Texas law allows you to recover compensation for that suffering, both physical and emotional. These damages recognize that injuries don’t just affect your body; they impact your peace of mind, your independence, and your quality of life. 

Pain and suffering damages are determined based on the severity of your injury, your recovery time, and how the injury affects your daily activities. At A2X, we take the time to understand your story so that when we present your case, the court or opposing side understands precisely what you’ve endured. 

4. Physical Impairment and Disfigurement 

Some injuries change your life permanently, limiting your movement, causing chronic pain, or leaving visible scars. These are known as impairment and disfigurement damages, and they compensate you for the ways your body and abilities have been altered. 

We work with medical professionals to show how your injuries affect your ability to work, perform daily tasks, or enjoy the activities that once brought you joy. These cases are deeply personal, and we fight to make sure your suffering is recognized and valued. 

5. Mental Anguish and Emotional Distress 

The mental and emotional toll of a workplace accident can be just as severe as the physical injuries. Many workers experience anxiety, depression, or trauma after being hurt on the job, especially when their employer refuses to help. 

At A2X, we treat emotional damage with the seriousness it deserves. Our team documents the psychological impact of your accident through medical records, therapist evaluations, and your own testimony. We fight to ensure that your emotional pain is acknowledged as part of your total recovery. 

6. Loss of Consortium and Family Impact 

Your injury affects not only you but also your loved ones. Loss of consortium damages compensate your spouse or family for the companionship, support, and relationship that has been disrupted because of your injury. 

A2X takes a holistic view of every case, recognizing that your family’s pain is part of the harm caused by your employer’s negligence. We work to tell that story powerfully, so the court understands the full scope of your loss. 

7. Punitive Damages 

In cases where an employer’s behavior was reckless, deliberate, or grossly negligent, punitive damages may apply. These damages are meant to punish wrongful conduct and deter future negligence. For example, if an employer knowingly ignored safety standards, removed protective equipment, or falsified incident reports, the court may impose additional penalties. 

A2X aggressively pursues punitive damages when the facts support them. We believe employers who choose to opt out of workers’ comp should be held to an even higher standard of accountability. Our goal is also to set a standard that negligence in the workplace is not tolerated. 

How A2X Determines the Value of Your Case 

Every injury is unique, and every worker’s story is different. Our team builds your case from the ground up by investigating the incident, reviewing company safety records, consulting medical and financial experts, and preparing for trial from day one. 

We don’t rely on guesswork or formulas. We calculate damages based on hard evidence: your medical records, lost wages, testimony, and expert evaluations. We also account for how the injury has changed your life physically, emotionally, and financially. 

At A2X, our goal is to pursue the maximum possible recovery under the law. Whether your employer failed to train you properly, ignored OSHA regulations, or pressured you to work in unsafe conditions, we make sure those decisions are exposed and addressed. 

Why A2X Fights for Injured Workers in McAllen 

We fight for workers because we’ve seen what happens when employers aren’t held accountable. We’ve seen dedicated men and women injured on the job, only to be ignored, blamed, or replaced. We’ve seen families struggle to pay bills while employers protect their profits. It’s not just frustrating for you; it’s frustrating for your loved ones, your co-workers, and your entire community. When negligent employers cut corners, it puts every worker at risk. That’s why A2X takes these cases personally. We believe in holding non-subscriber employers to the same standard of responsibility that every Texas worker deserves. 

Our firm brings both local understanding and national trial experience to the fight. We know McAllen’s industries, job sites, and employers, and we know how to build strong, evidence-driven cases that make them take responsibility. At A2X, you’ll find a team that moves quickly, communicates honestly, and treats you with the respect you’ve earned. We’re relentless in pursuing justice and dedicated to protecting the rights of every worker who’s been left behind. 

Why Choose A2X And Why You Should Act Now  

Choosing the right legal team after a workplace injury can change everything. A2X doesn’t just handle cases; we take up your cause. We move fast to secure evidence, communicate with insurers, and build strong cases designed for results. We’re compassionate with our clients and aggressive with those who wronged them. 

If you’ve been hurt working for a non-subscriber employer in McAllen or South Texas, don’t wait. Evidence fades, and employers act quickly to shield themselves. The sooner you reach out, the sooner we can start protecting your rights and fighting for your recovery. 

At Anderson Alexander (A2X), we believe in fairness, dignity, and accountability for every Texas worker. We’ll investigate your case, demand answers, and fight for the full damages you deserve. Contact us today to request a consultation. Let us stand by your side and make sure your employer is finally held accountable for the harm they caused.