Odessa Non-Subscriber Employers: What Injured Workers Need to Know 

If you’ve been injured on the job in Odessa and found out your employer doesn’t carry workers’ compensation, you’re not out of options. Texas is one of the only states that allows employers to opt out of the state’s workers’ compensation system. These companies are referred to as non-subscriber employers, and they are far more prevalent than most workers realize, particularly in high-risk industries such as oil and gas, construction, logistics, and field services. 

At Anderson Alexander (A2X), we regularly assist injured workers in Odessa in navigating the complex and often unfair world of non-subscriber claims. If your employer has chosen not to carry workers’ comp coverage, they’ve taken on a significant legal risk, and they may be directly liable for the harm you’ve suffered. Here’s what that means for you, and how we can help. 

What Is a Non-Subscriber Employer? 

In Texas, most states require businesses to carry workers’ compensation coverage. But in Texas, it’s optional. Companies that opt out of this system are referred to as non-subscribers. That means: 

• They do not participate in the state-run workers' comp system. 
• They cannot claim the legal protections that come with it. 
• They may offer their own injury benefit plans, but these plans are not the same as workers’ comp. 
• If you’re injured, you may be able to sue them directly in civil court. 

In theory, non-subscriber employers are supposed to create their own injury coverage programs, but in practice, many workers are left confused, undercompensated, or denied benefits altogether. 

Worse, many employees don’t even know their employer is a non-subscriber until after they’ve been injured and told their medical bills won’t be fully covered. 

How Common Are Non-Subscriber Employers in Odessa? 

Very. In fact, the oilfield industry, which drives a considerable portion of Odessa’s economy, is one of the biggest users of non-subscriber status. Many oilfield service companies, drilling contractors, and logistics providers in the Permian Basin have opted out of Texas workers’ comp. 

Why? Because it saves them money and gives them more control over what benefits, if any, they provide injured workers. But this also means they can be sued directly for workplace injuries. And unlike traditional workers' comp, which limits what an injured worker can recover, a personal injury claim against a non-subscriber employer can open the door to full compensation. That’s where we come in. 

What Happens After a Work Injury with a Non-Subscriber Employer? 

If you're injured while working for a non-subscriber employer, here's what typically happens: 

• You report the injury to your supervisor or safety manager. 
• You’re directed to the company’s private insurance plan (if available). 
• You discover that their plan doesn’t fully cover your medical bills, lost wages, or long-term damage. 
• You’re often pressured to return to work early, accept minimal care, or sign waivers. 
• You realize you’re on your own, unless you take legal action and contact our team. 

Under Texas law, if your non-subscriber employer was even 1% negligent, they can be held liable for 100% of your injury-related damages. That includes:

• Unsafe working conditions 
• Inadequate training 
• Poor maintenance of tools or equipment 
• Lack of safety protocols 
• Hiring unqualified workers 
• Failing to provide proper PPE or supervision 

Unlike workers' comp claims, where you're generally limited to medical expenses and partial wage replacement, a non-subscriber lawsuit allows you to seek full compensation for: 

• Medical costs (now and in the future) 
• Lost wages and reduced earning capacity 
• Pain and suffering 
• Mental and emotional anguish 
• Permanent disability or disfigurement 
• Loss of quality of life 

And unlike traditional lawsuits, your employer cannot claim that you were partially at fault for your injury. If they were even slightly negligent, that’s enough to pursue a claim. 

At A2X, We Know How to Take on Non-Subscribers 

We’ve handled numerous non-subscriber cases, particularly in the oilfield, construction, and industrial sectors in Odessa, and we know how to prove employer negligence and advocate for the compensation you’re truly entitled to. 

Here’s what working with us looks like: 

• We investigate your injury from day one. This involves reviewing and documenting records, including equipment logs, witness statements, training records, and other relevant materials. 
• We review the company’s injury benefit plan and assess where it failed to meet its obligations. 
• We gather expert opinions from medical and safety professionals to support your claim. 
• We help you understand your rights, your options, and what a fair outcome looks like. 
• We take the case to court if that’s what it takes. We don’t just settle and move on. We are looking for full and fair compensation for you.   

If a workplace injury has disrupted your life, we are here with trusted, legal advocacy that prioritizes your future above all else. 

What to Do If You’re Injured Working for a Non-Subscriber 

If you were injured on the job and suspect your employer is a non-subscriber, time is critical. These companies are quick to bury evidence, rush you into “benefit plans,” or pressure you into signing documents that limit your rights. 

Here’s what you should do immediately: 

• Seek medical attention immediately and keep all records of any treatments, visits, and associated charges. 
• Report the injury to your employer, but do not sign any waivers or settlements. 
• Ask whether they carry Texas workers’ comp. (If they say “no” or offer a private plan, they’re likely a non-subscriber.) 
• Contact A2X as soon as possible. 

Even if you think your injury was minor, don’t assume it will stay that way. Many workplace injuries worsen over time, and once you waive your rights, there’s no turning back. We know all their tactics to lowball you on settlements, and we won’t let that happen. 

Don’t Let a Non-Subscriber Employer Avoid Accountability  

Choosing to opt out of workers’ compensation is a business decision made to keep costs down, and it comes with consequences when that is the intention. If your employer puts you in harm’s way without adequate training, safety, or supervision, they should be held accountable. You don’t have to accept a lowball injury plan or fight them alone. 

At A2X, we know how these employers operate, and we’re not afraid to challenge them. We’re here to help injured workers in Odessa understand their rights, take action, and rebuild their lives with strength and dignity. 

You’ve given your labor, your time, and your trust. Now that you’re injured, it’s time your employer faced the consequences of cutting corners. Contact A2X today to schedule a consultation. Let’s determine whether your employer is a non-subscriber, and if so, let’s hold them accountable.