When is an employee’s claim for injuries against its nonsubscriber employer occurring in the course and scope of employment a health care liability claim? According to the Supreme Court of Texas, when the employer is a health care provider.
In Texas West Oaks Hosp. v. Williams, Williams was employed by a nonsubscriber psychiatric hospital. Williams was

Texas employers have the option of purchasing workers’ compensation insurance or going as a nonsubscriber. Deciding whether to be a nonsubscriber or purchase workers’ compensation insurance requires an idea of what your anticipated workers’ compensation premium will be (usually obtained through your insurance broker) as well as understanding what legal protection a Texas employer gets by becoming