Texas Labor Code 406.033: Why Non-Subscriber Employers Lose Their Defenses

In Texas, not every employer has to carry workers’ comp insurance. Some choose to “opt out” and become what are called non-subscribers. While this may seem like it saves money, it also comes with serious legal risks. If a worker is hurt on the job, a Texas workplace injury lawyer can explain how these cases work and why non-subscriber employers may have fewer legal defenses.

Texas Labor Code 406.033 is a key law that affects these situations. It limits what employers can argue if an injured employee files a claim against them.

What are non-subscriber employers?

Non-subscriber employers are companies that do not carry workers’ compensation insurance. Texas is one of the few states that allows this. Instead of using the workers’ compensation scheme, these employers handle injury claims outside of that system.

This means that if you are hurt while working for a non-subscriber, you may be able to file a personal injury claim against your employer. These claims are handled in civil court, not through the workers’ compensation system.

What does Texas Labor Code 406.033 say?

Texas Labor Code 406.033 limits the defenses that non-subscriber employers can use when an injured employee files a claim. In a typical injury case, an employer might try to argue that the worker was partly at fault or assumed the risks of the job.

However, this law removes some of those common defenses. This makes it easier for injured workers to bring claims and seek compensation for their injuries.

What defenses do non-subscribers lose?

Under Texas Labor Code 406.033, non-subscriber employers relinquish several key defenses that are often used in workplace injury cases. This changes how these cases are handled and can give injured workers a stronger position.

• The employer cannot rely on the legal defense of contributory negligence to reduce or avoid liability.
• The employer cannot claim the worker accepted the risks of the job.
• The employer cannot avoid liability by claiming a coworker caused the injury under the fellow servant rule.

Because of these limits, employers may be held responsible even in situations where they would otherwise be protected from lawsuits under the workers’ compensation system.

Does the worker still have to prove negligence?

Yes, the worker still has to show that the employer was careless in some way. This means showing that the employer didn’t make the workplace safe or did something that caused the injury.

Even though the employer has fewer defenses, the worker still has to prove that the injury wasn’t just an accident. Evidence like safety violations, a lack of training, or dangerous conditions can help back up a claim.

A Texas workplace injury lawyer can help you get this evidence and explain how the law applies to your case.

Why does this law matter for injured workers?

This law is important because it gives workers who are hurt more choices. If your employer doesn’t subscribe, you can get more than just workers’ compensation benefits. Instead, you might be able to get money for things like medical bills, lost wages, and other losses.

These cases can still be complicated, though. Employers might try to say that they weren’t careless or that something else caused the injury.

If you know how Texas Labor Code 406.033 works, you can make better choices about your case and what to do next.

When should you talk to a Texas workplace injury lawyer?

If you were hurt on the job and your employer does not carry workers’ compensation insurance, it is important to get legal advice as soon as possible. These cases can involve strict rules and deadlines.

A Texas workplace injury lawyer can review your case, explain your rights, and help you understand whether you may have a claim under Texas Labor Code 406.033. They can also deal with the employer and insurance issues, so you can focus on your recovery.

If you have been injured at work, contact The Law Office of Sandy McCorquodale, P.C. at (833) 712-4472 or fill out our online contact form to discuss your situation. A Texas workplace injury lawyer can help you understand your options and take the next steps forward.