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We won a verdict for a single plaintiff in an action against a multi-national pharmaceutical company.
We won a jury verdict for a client who suffered head trauma and permanent scarring in an ATV rollover case in South Texas.
Won a settlement against a Fortune 500 pipeline company for burn victims of a plant explosion in South Texas.
Won settlement for family who lost loved one in trucking crash.
In Texas, injured workers whose employers have opted out of the workers’ compensation system face a distinct legal path that requires evidence, strategy, and an attorney prepared to hold the employer accountable. For anyone hurt on the job and searching for a Pep Boys non-subscriber lawyer, understanding Texas law and what a claim requires is the essential first step.
Kherkher Garcia LLP’s Texas non-subscriber work injury attorneys help injured workers understand and protect their rights. Our work is focused on thorough case preparation and direct advocacy.
Auto service work is physically demanding. Technicians and service staff spend their shifts around equipment that can be dangerous. They also work in postures that strain the body and in environments where a single lapse in safety protocol can cause lasting harm. When an injury occurs, there may be pressure to minimize it, return to work quickly, or accept whatever the employer offers.
Texas law gives injured workers a different option when their employers are non-subscribers. Key facts every Pep Boys employee should understand:
The financial and emotional toll of a serious injury compounds quickly. Lost income, mounting medical bills, and uncertainty about returning to the same trade create pressure that reaches far beyond the workplace.
The decision to opt out of workers’ compensation insurance does not eliminate an employer’s legal responsibility. It does change how the process works for injured employees. Employers that forgo coverage are classified as non-subscribers under Texas law. In these cases, injury claims do not fall under workers’ compensation, but a different process for injury claims.
What makes non-subscriber claims different:
For Pep Boys employees, this distinction matters. A workplace injury that might otherwise be processed as a limited benefit claim becomes a direct accountability case under Texas non-subscriber law.

Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
Under Texas Labor Code § 406.004, an employer that elects not to obtain workers’ compensation coverage must notify the Texas Division of Workers’ Compensation in writing. That election strips the employer of key legal protections it would otherwise hold. Texas Labor Code § 406.033 goes further. When Pep Boys operates as a non-subscriber:
The injured worker must still prove employer negligence, but the employer loses its most significant legal defenses. For injured Pep Boys employees, this means a claim proceeds on the merits of what actually happened, and how the injury affects them.
Auto service environments present a unique set of physical hazards. The work involves sustained effort, exposure to equipment and chemicals, and conditions that can cause both acute injuries and long-term damage. Common incidents at Pep Boys locations include:
Repetitive motion and ergonomic strain are among the most underreported injury sources in auto service. According to the OSHA Ergonomics Risk Factor Guidelines, musculoskeletal disorders (MSDs) develop through sustained exposure to:
Falls carry equally serious consequences. Under OSHA Fall Protection Standards, employers must guard elevated work areas, provide fall protection around open-sided platforms, and protect workers from falls onto dangerous machinery. Service bays with vehicle lifts and fluid-slicked floors create conditions where these standards apply directly. When an employer fails to meet them, that failure becomes central to the negligence claim.
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The steps taken immediately after a workplace injury are practical actions that protect the value of the claim and reduce the risk of disputes. At Kherkher Garcia LLP, our team has the knowledge and resources needed to get the facts and build a strong case. But early action by the injured worker is essential:
Non-subscriber employers often use internal injury management systems that impose tight deadlines or limit access to independent medical providers. These systems are not neutral, and accepting their terms without legal review can limit recovery.
Non-subscriber claims allow injured workers to pursue the financial and personal impact of a workplace injury, not just the limited benefits workers’ compensation provides. Potential recovery includes:
Workers’ compensation operates on a fixed benefit schedule with defined limits on what an injured worker can recover. A non-subscriber claim removes that ceiling. There is no statutory cap on damages, and the employer cannot invoke the contributory negligence or assumption of risk defenses that would otherwise reduce or bar recovery entirely. For a Pep Boys technician who can no longer meet the physical demands of auto service work, that distinction is the difference between partial reimbursement and a claim that reflects the full consequences of the injury.
Winning a non-subscriber case requires more than documenting an injury. It requires a clear factual record connecting the employer’s conduct to the harm the worker suffered. At Kherkher Garcia LLP, our team knows how to carefully gather and preserve evidence to support that connection. Our approach includes:
The strength of a non-subscriber claim depends on the quality of evidence assembled and the legal team advocating for the injured worker. Critical categories include:
Each piece of evidence supports a specific element of the negligence claim. Together, they build a case prepared for success from the outset, creating real pressure on corporate defendants to address their responsibility.
A workplace injury at an auto service location can disrupt every part of life – physically, financially, and emotionally. If your employer does not subscribe to workers’ compensation insurance, Kherkher Garcia LLP is ready to evaluate your situation and explain your legal options under Texas non-subscriber law. Call us at 713-333-1030 today to speak with a Pep Boys non-subscriber lawyer and schedule your free consultation. There is no cost to get answers.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.