Nonsubscriber Liability

Texas is unique in that employers are able to opt out of the workers' compensation system. These companies, known as nonsubscribers, can establish their own occupational injury program; however, they can be sued by their employees for on-the-job injuries. Nonsubscriber liability is a unique area of law requiring knowledgeable legal counsel. From our office in Dallas, Nowak & Stauch, LLP, represents nonsubscribing employers throughout Texas in work injury litigation. We concentrate much of our practice on this field of law and have experience defending employers before juries and arbitrators against these claims.

Dallas/Fort Worth Area Employer Defense Attorneys Providing Strategic Representation

Nonsubscriber liability claims differ from workers' compensation claims in a number of important respects. For example, nonsubscribers are limited in the types of defenses they can assert against an employee. Employers are barred from arguing the contributory negligence of the employee. Thus, it is imperative to have seasoned attorneys who understand the nuances of nonsubscriber law and have mastered its application in litigation throughout Texas.

At Nowak & Stauch, LLP, our Dallas nonsubscriber liability attorneys have successfully defended nonsubscribers by proving:

  • The employee was the sole proximate cause of the accident
  • The employer owed no duty to the employee
  • The employee was injured while performing routine work
  • The employer could not have foreseen the accident
  • The employee failed to follow safety training and warnings
  • The employer had no knowledge of the dangerous condition
  • The employee was injured by the negligence of a third party

We examine each case from every angle in order to develop the best possible strategy in our defense. Our lawyers have successfully represented employers by negotiating much-needed settlements, as well as litigating before juries, judges and arbitrators.

Contact Nowak & Stauch, LLP

Call 214-272-0169 or complete our firm's contact form to schedule a consultation.