Bruce Kaye Criminal Defense Attorney Dallas, TX, Personal Injury, Entertainment Law


“What’s in a name? That which we call a rose by any other name would smell as sweet.” —Shakespeare

Some people call it “non-subscriber” workplace injuries. Others call it “self-insured” workplace injuries. Others still call it “no workman’s comp” injuries. It really does not matter what you call it. The bottom line is this: if you have been injured at a workplace that does not have coverage for you under the Texas Workman’s Compensation plan but does have coverage for you under some other kind of insurance policy, your injury is called a Non-Subscriber Injury.


For 25 years, I’ve been helping people just like you. People who are caught in the maze, the trap, the hamster wheel of trying to get help when you are injured at a workplace in Texas that does not cover your injuries under Texas Workman’s Compensation.


And Oh, What a Wicked World it is!

For instance, everyone knows that if you are injured on the job and the employer has coverage under Texas Workman’s Compensation, you cannot be fired for being injured and unable to work. Guess what? This does not apply to you because an employer who has coverage for you outside of Texas Workman’s Compensation plan may fire you for any reason at any time.

Yes, even if you are injured and under a doctor’s order, your employer may (and usually does) fire you on the spot! Is that fair? Of course it isn’t! But that is just one of the many landmines you must be aware of when trying to seek help for your injury.

"How Can I Win?" You Might Ask Yourself.

In order to prevail, you need a few things. First, your damages have to be serious. Your medical bills have to be pretty big. Your medical diagnosis has to be pretty bad. Finally, you must be able to show that the accident was caused by your employer’s negligence (something they did that caused the accident).

You see, when your employer chose not to get you coverage under the Texas Workman’s Compensation plan, he waived all of the defenses he has at trial (such as contributory negligence which is a fancy way of saying that if you played any role in causing the accident, the employer is only responsible for the damages his actions caused and not yours) except one:

If you are the sole cause of your accident, then the employer can walk away without paying you a cent (if the jury believes your employer). However, if the employer is responsible for your injuries due to their negligence (even just 1 percent negligence), then the jury cannot let them off the hook and they are responsible for 100 percent of your damages.

Bottom Line is This:

If you were 100 percent responsible for your accident, then you lose – if your employer is responsible for even only 1 percent of the accident, you can hold them accountable for all your damages. Like all injuries in Texas, you only have two (2) years to file your lawsuit for any injury you sustained at your Non Subscriber worksite. Don’t wait until it’s too late to do anything.

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