If you’re a Dallas-Fort Worth worker employed by a non-subscriber company, getting hurt on the job can throw your life into chaos. Suddenly, you’re left wondering how you’ll cover your medical bills or make ends meet while you’re out of work. That’s why claim maximinzation is so important to make sure you’re getting every bit of compensation you’re entitled to.
Warren Armstrong, a seasoned work injury attorney at Armstrong Personal Injury Law, has spent years fighting for injured workers like you across DFW. He knows the ins and outs of Texas non-subscriber law and is here to offer the support and guidance you need during this tough time.
Keep reading to discover the key dos and don’ts for getting the most out of your non-subscriber work injury claim in the Dallas-Fort Worth area.
Do: Report Your Injury to Your Employer Immediately
One of the most critical steps in claim maximization is promptly notifying your employer about your work injury. Delays in reporting can lead to doubts about the validity and severity of your injury.
Inform your supervisor right away, even if you think the injury is minor. Request an incident report to document key details like:
- The date, time, and location the injury occurred
- The specific body parts affected
- Any witnesses to the incident
- The work duties you were performing when injured
Don't: Give a Recorded Statement Without Consulting an Attorney
Your employer's insurance company may reach out and request a recorded statement about your injury. Politely decline this request until you've had a chance to speak with an experienced work injury lawyer.
Insurance adjusters are trained to ask questions in a way that minimizes the extent of your injuries and damages. Even an innocent misstep in how you phrase your answers could jeopardize your claim maximization efforts. Attorney Warren Armstrong can help you understand your rights and coach you on how to effectively communicate about your injury.
Do: Seek Medical Treatment and Follow Your Doctor's Orders
If you need emergency treatment for your work injury, go to the nearest hospital ER or urgent care clinic. For non-emergency situations, ask your employer if they have a designated doctor you must see.
Regardless of where you seek treatment, it's essential that you attend all appointments and carefully follow your doctor's treatment plan. Keep copies of your medical records and bills, as this documentation is key evidence in your claim maximization efforts.
Don't: Try to Tough It Out and Skip Medical Care
“Toughing it out” helps neither you nor your non-subscriber injury claim in the long run. Skipping medical treatment is not the way to go if you want to seek claim maximization. The time after a work injury is not the time for stoicism — take care of your health, and keep all medical records for future claim purposes.
Without medical records backing up your assertion that you were hurt on the job, the insurance company will argue there is no proof to support your injury claim. Lack of documentation makes claim maximization nearly impossible. Listen to your body and get care for your work injury.
Do: Keep Detailed Notes About How Your Injury Impacts Your Life
The key to claim maximization is demonstrating how your work injury has affected all aspects of your life. Keep a journal where you write down your daily pain levels, physical limitations, and emotional state.
Be as specific as possible in documenting details like:
- Activities you can no longer do because of your injury
- Help you need from family for routine tasks like driving, cooking, or bathing
- Milestones and events you miss out on due to your injury
- The overall impact the injury has had on your quality of life
Don't: Discuss Your Claim on Social Media
In today's digital world, it's become second nature to share the details of our lives on social media. However, it's best to avoid posting about your work injury or non-subscriber claim online.
The insurance company will look for any evidence they can find to deny or devalue your claim. A single photo of you out with friends or an inspirational post about overcoming challenges could be twisted and used to argue your injuries aren't that serious.
Do: Understand How Non-Subscriber Work Injury Claims Differ From Workers' Comp
Under Texas law, an employer that opts out of providing workers’ compensation is considered a ‘non-subscriber.’ Claims under non-subscriber employers have special rules and strict deadlines to follow, so it’s imperative for you to understand the key differences between workers’ comp claims and non-subscriber ones.
To succeed in your non-subscriber claim maximization efforts, you must prove your employer's negligence caused your injury. This could involve showing they failed to provide proper training, maintaining a dangerous work environment, or not addressing known safety hazards.
Don't: Accept a Settlement Offer Without Understanding Your Rights
After reporting your non-subscriber injury, you may receive a settlement offer from your employer's insurance company. While it can be tempting to accept a quick payout, settling too soon will likely lead to claim minimization rather than maximization.
Early offers are often "lowball" amounts that don't account for the full extent of your injuries and damages. Once you accept an offer, you waive your right to pursue additional compensation for your work injury. It's wise to at least consult with a DFW work injury lawyer before settling your claim.
Do: Hire an Experienced Dallas-Fort Worth Work Injury Attorney to Fight for Your Rights
Claim maximization is challenging when you're up against an insurance company with vast resources focused on protecting their bottom line. Fortunately, you don't have to fight this battle alone.
Dallas-Fort Worth attorney Warren Armstrong understands the ins and outs of non-subscriber work injury law — it comes with nearly two decades of experience. He can investigate your case, gather evidence, handle communication with the insurance company, and tenaciously advocate for the maximum compensation you deserve.
