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If you’ve been hurt working at Sanderson Farms and started looking into your options, you’ve probably come across the term “Sanderson Farms non-subscriber”. Texas is the only state that lets employers opt out of workers’ compensation entirely, and Sanderson Farms has historically done exactly that.
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For workers inside their processing facilities, that decision carries real legal consequences; it affects what benefits you’re entitled to, what you can sue for, and what rights you might be giving up without realizing it.
Before you sign anything or accept a settlement offer, you need to understand how non-subscriber status works and what it means for your claim. At The Law Offices of Aaron Allison, we help injured workers in Texas navigate these cases and fight for the compensation they actually deserve.
Texas is the only state that allows private employers to opt out of the workers’ compensation system. Employers that choose not to carry workers’ comp are called non-subscribers. The Texas Department of Insurance confirms that Texas private employers can decide whether to carry workers’ comp coverage, and employers who decline coverage are classified as non-subscribers.
When a company like Sanderson Farms is a non-subscriber, it does not provide traditional workers’ compensation benefits. Instead, injured employees must pursue recovery through a personal injury claim, subject to Texas law.
Non-subscriber status significantly changes the legal landscape after a injury. While workers’ compensation limits benefits but guarantees coverage, non-subscriber cases involve proving fault — but also remove major employer defenses.
In Texas, a non-subscriber employer generally cannot argue that:
These restrictions come directly from Texas labor law and have been reinforced through decades of court decisions. That said, injured workers still must show that employer negligence played a role in the injury.
“Workers’ compensation cases aren’t just about benefits—they’re about holding employers accountable for workplace safety.”
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Aaron Allison, Attorney
Founding Attorney
When an injury occurs at a non-subscriber workplace, employees may have the right to file a negligence lawsuit rather than a workers’ compensation claim.
Your rights may include the ability to pursue compensation for:
Unlike workers’ compensation, non-subscriber claims are not capped in the same way. But they do require evidence, documentation, and careful handling early on. The Texas Workforce Commission provides guidance on employer responsibilities and injury reporting
Poultry processing facilities are physically demanding environments. High line speeds, sharp tools, repetitive motions, and wet floors create consistent injury risks.
Common injuries reported in meat and poultry processing operations include:
These injuries are often preventable, which is where negligence analysis becomes central in non-subscriber claims.
Texas workplace injury claims are handled differently depending on whether an employer participates in the workers’ compensation system or operates as a non-subscriber. Each option follows a distinct legal framework that affects fault, available damages, and an employee’s ability to pursue a claim.
Under Texas Labor Code § 406.031 – Liability for Compensation, a workers’ compensation insurance carrier is responsible for paying benefits for covered injuries without regard to fault, as long as the injury occurs in the course and scope of employment. This no-fault structure generally limits available damages and restricts an employee’s ability to pursue a civil lawsuit against the employer.
Non-subscriber claims require proof of employer negligence but allow broader compensation. Key differences include:
Because these distinctions can significantly affect a claim’s value and viability, injured workers often choose to review their options with an attorney familiar with Texas non-subscriber cases.
In Texas non-subscriber cases, compensation depends on the evidence and how the injury affects the worker’s health and ability to earn a living. Recovery is not automatic and may require proof of employer negligence and damages. Depending on the facts, damages may include:
The value of a claim may vary based on injury severity and the circumstances of the incident.
Worker’s Compensation & Personal Injury Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
Non-subscriber cases are not traditional workers’ compensation claims. They may involve strict deadlines, procedural requirements, and legal issues that affect recovery. The Law Offices of Aaron Allison represent injured workers in Texas non-subscriber claims, including cases involving Sanderson Farms. Call 512-474-8346 to discuss your situation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
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