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Texas Non-Subscriber Insurance

Insurance isn’t everything. But the peace of mind it can give you is.



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Spotlight on: Texas Non-Subscriber Insurance

Even if you’re not required to carry workers’ compensation insurance by law or if workers’ compensation insurance doesn’t seem like a good fit for your Texas business, it’s still advisable to obtain some coverage to limit your liability.

If that’s the case, you may enjoy the benefit of alternative non-subscriber insurance options.

How does Texas workers’ compensation work?

Who is exempt from workers’ compensation insurance in Texas?

Unlike other states, businesses in Texas have the option to opt out of workers’ compensation insurance entirely.

Other options for coverage include purchasing a policy from an insurance company or the state-administered fund, along with self-funded options that require prior approval.

However, before deciding to opt out of workers’ comp coverage, it’s important to consider the potential risks and what alternative coverages are available to provide protection to your employees and your business operations.

Workers’ Compensation Insurance Alternatives

If you work for a business that subscribes to workers’ compensation in Texas, those benefits are your only available remedy in the aftermath of a qualifying workplace injury.

A Texas employer who opts out of the workers’ compensation system, known as a “non-subscriber,” can be sued for negligence by an injured employee. Non-subscribers are required to file an annual DWC-5 and DWC-7 report when an employee suffers a personal injury resulting in lost time. That said, the non-subscription route can save employers a considerable amount of money in certain situations.

That’s because opting out of carrying workers comp insurance waives all common law legal defenses available to employers subject to workers’ compensation laws.

These defenses include:

  • Comparative Negligence
  • Doctrine of Inherent Risk
  • Fellow Employee

Workers’ Compensation Insurance vs. Non-Subscriber

While the Texas Department of Insurance does not recognize these benefits as true substitutes for workers’ compensation insurance coverage, these programs can offer added flexibility for Texas employers.

When combined with a strong risk mitigation strategy, a non-subscriber policy can help employers with medical costs, lost time wages and death and dismemberment claims for covered occupational injuries up to the policy limit.

Some other examples of potential benefits include:

  • Flexibility to customize care plans for injured employees
  • Flexibility to customize disability pay after a covered work injury

Some alternative coverages do not provide protection against supplementary costs an employer may incur, such as attorney fees.

It’s important to work with a non-subscriber insurance specialist when considering this coverage.

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Work with a broker who offers alternative options.

Planning coverage for the countless risks you face as an employer can be overwhelming.

Higginbotham is here to educate you on your options and help you make an informed decision. Our team of insurance and risk management specialists helps alleviate potential threats and protect your business with commercial insurance policies tailored to your organization’s needs.

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The Higginbotham Difference: Unique Coverage for Your Unique Needs

Texas employers have a variety of alternative options to workers’ comp. The question is, which one is right for you?

That’s where our experience comes in. With your priorities in mind, we get to work. Our prices are competitive and our industry relationships allow us to go above and beyond—whether it’s responding to short-term non-subscriber needs or delivering long-term value.

Because you deserve an insurance broker who works as hard as you do.

To learn more about how our values-based approach drives value for your business, click here.

Higginbotham is more than just another insurance company. They are a trusted solutions-driven partner highly dedicated to helping their clients find the right options for their individual needs.

Carrie B.
Program Manager, Engineering Industry

Is the non-subscriber route the right choice for your business?

If you’re a Texas employer who’s considering non-subscriber alternatives to workers’ comp, you’re not alone.

According to a report by Insurance Journal , around 22% of all Texas businesses were listed as non-subscribers to the workers’ compensation system.

While there are cases in which it would be better to go with a traditional workers’ compensation program, many companies find the benefits of non-subscription outweigh the risks.

However, this route requires a strong employer commitment to risk mitigation and workplace safety protocols.

Non-Subscriber Risk Management

For employers who want to opt out of carrying workers’ comp for employees, Higginbotham has solutions to limit your liability.

We can design a policy tailored to your needs and unique risk exposure.

There are two types of non-subscriber policies that a Texas employer can select in lieu of workers’ compensation coverage:

  • Standalone Employee Benefits
  • Benefits with Coverage for Lawsuits

While most insurance brokers will happily sell you an insurance policy, we set ourselves apart by delivering year-round value with our Day Two Services® that support your risk management efforts 365 days a year.

At Higginbotham, you get subject matter specialists in compliance, arbitration plans, safety program design, employment law, claims advocacy, loss control, contract review and more.

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Not sure where to start? Talk to someone who wants to listen.

A great plan starts with a conversation. Let’s talk about what you need.

Talk to an Texas Non-Subscriber Specialist
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