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Texas allows employers to opt out of the workers compensation system with those 
employers who do not purchase workers compensation insurance being called 
nonsubscribers. However those employers known as nonsubscribers are exposed to 
legal liability in the event of employee injury. The employee must demonstrate 
that employer negligence caused the injury; if the employer does not subscribe 
to workers compensation the employer loses their common law defense of 
contributory negligence assumption of the risk and the fellow employee 
doctrine. If successful the employee can recover their full common law damages 
which are more generous than workers compensation benefits.In   of Texas 
employers were nonsubscribers while in  the percentage was estimated to be %. 
The industry advocacy group Texas Association of Business Nonsubscription 
claims that nonsubscribing employers have had greater satisfaction ratings and 
reduced expenses when compared to employers enrolled in the workers 
compensation system. A research survey by Texass Research and Oversight Council 
on Workers Compensation found that % of nonsubscribing employers and % of 
subscribing employers—a majority in both cases—were satisfied with their 
experiences in the system and that satisfaction with nonsubscription increased 
with the size of the firm; but it stated that further research was needed to 
gauge satisfaction among employees and to determine the adequacy of 
compensation under nonsubscription compared to subscription. In recent years 
the Texas Supreme Court has been limiting employer duties to maintain employee 
safety limiting the remedies received by injured workers.

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