Non-subscriber (Texas)

A non-subscriber is a Texas employer that has chosen not to carry statutory workers' compensation coverage, forgoing the exclusive-remedy tort defence in exchange for benefit-plan flexibility.

Type
Insurance-election status
Texas Department of Insurance
Applies to
Texas workers' compensation
Texas Department of Insurance
Primary reference
Texas Labor Code chapter 406 https://statutes.capitol.texas.gov
Texas Statutes

Last verified by Priya Shah.

Sourced facts
Type
Insurance-election status
Texas Department of Insurance https://www.tdi.texas.gov · Verified 2026-07-01
Applies to
Texas workers' compensation
Texas Department of Insurance · Verified 2026-07-01
Primary reference
Texas Labor Code chapter 406 https://statutes.capitol.texas.gov
Texas Statutes · Verified 2026-07-01
Origin
Texas Labor Code chapter 406
Texas Statutes · Verified 2026-07-01
Common confusion
Unique to Texas jurisdiction
US Department of Labor · Verified 2026-07-01

A non-subscriber is a Texas employer that has chosen not to carry statutory workers' compensation coverage. Texas is the only US jurisdiction where private workers'-comp coverage is elective, and a non-subscriber forgoes the exclusive-remedy defence against workplace-injury tort claims in exchange for freedom to design its own occupational-injury benefit plan.\n\nMost PEO master policies presume subscriber status, so a client migrating into a PEO usually gains workers'-comp coverage on the PEO's carrier at signup. A non-subscriber client wanting to retain that posture must confirm in writing that the PEO's arrangement supports it. See who is liable under co-employment for the underlying doctrine, ABC test for the classification analysis that determines who counts as an employee, and how PEPM fees are quoted for the pricing convention. The help pages and workers'-comp hub publish related detail.\n\n## What this doesn't cover\n\nThis entry is Texas-specific; every other US state mandates workers'-comp coverage under differing thresholds, and non-subscriber status has no analogue outside Texas.

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Where this term is applied

2 reference pages use this term with sourced figures attached.

Related terms

Author: Michael Ross · Reviewed by Priya Shah on 2026-07-01