McCathern is the largest provider of litigation defense services to non-subscribers in the State of Texas.  And one of the cornerstones of the firm’s practice is the representation of employers who have opted-out of the Texas Workers’ Compensation Act. In the decade since McCathern was founded, the firm’s lawyers have litigated and arbitrated hundreds of claims on behalf of Texas non-subscribers—from large self-insured employers to businesses whose defense is provided under a policy of employers’ liability insurance. We are in a unique position to represent non-subscribing employers, as the firm also advises insurers and employers on the drafting, adoption, and revision of workplace injury benefit plans (including those which require binding arbitration of negligence claims) under the Employee Retirement Income Security Act of 1974 (“ERISA”).

Whether you are a self-insured employer whose ERISA plan needs to be updated to comply with current regulations or an insurance carrier looking to introduce a non-subscription program in Texas, McCathern can assist you in drafting a workplace injury benefit plan that accomplishes your goals.

Even though few claims make it to verdict or award in today’s world, our vast experience in the courtroom works to your advantage from the inception of a claim. Knowing how judges, juries, and arbitrators treat claims allows us to give you insight into how to handle your claims from the first day of the injury. And should you have a claim resulting in a payout under that plan due to the fault of a third party, the firm can represent you in a subrogation or recoupment action under ERISA to mitigate that loss.