Getting hurt on the job is hard enough — but when your employer refuses to cover your injury, it can definitely start feeling like the system’s rigged against you. This is especially true if you work for a Dallas-Fort Worth company that doesn’t carry workers’ comp insurance. If your non-subscriber employer disputes your claim, don’t panic. Start by gathering evidence, putting your complaint in writing, and getting a detailed medical evaluation. If they still deny you, there are way to fight back — and you don’t have to do it alone.
Warren Armstrong knows exactly how unfair these battles can be. As a Dallas-Fort Worth work injury lawyer, he’s helped countless employees stand up to non-subscriber employers who try to deny valid claims against them. Whether it’s pushing back on a bad denial or appealing for the benefits you deserve, having someone who’s been through this before can make all the difference when you’re fighting back.
Common Reasons Non-Subscriber Employers Dispute Work Injury Claims
Under Texas Labor Code § 406.002, Texas employers are allowed to opt out of workers’ compensation. These employers are known a
s ‘non-subscribers,’ and can unfortunately make it very difficult to file a work injury claim without it eventually being disputed. When a non-subscriber employer disputes your work injury claim, they may cite various reasons for the denial, such as:
Claiming Your Injury Happened Outside of Work
Many employers will try to argue that an injury occurred outside the scope of your employment. They may claim you were engaging in horseplay, violating safety protocols, or participating in non-work activities when you got hurt.
Questioning the Severity of Your Injury
Other employers may acknowledge that an incident did occur within the scope of your employment, but try to dispute just how severe your injuries actually are. They might even argue that your injuries are exaggerated or that your limitations aren’t as significant as you claim to gain the upperhand in a lawsuit.
Asserting a Pre-Existing Condition
If you have a pre-existing medical condition, your employer may try to blame your current symptoms on that condition rather than your work-related injury. As part of this tactic, some employers may demand extensive medical records to find any hint of a prior problem in order to benefit their case against you.
Disputing Your Employment Status
In some cases, employers try to avoid liability by claiming you weren't technically an employee. They might argue that you were an independent contractor or that your injury occurred before or after your official employment period.
Critical Steps to Take When Your Dallas-Fort Worth Employer Disputes Your Claim
If your non-subscriber employer has disputed your work injury claim, it's crucial to take swift action to protect your rights. Consider these important steps:
Notify Your Employer in Writing
Get everything in writing, even if they try to dissuade you from doing so. If you initially reported your injury verbally, still follow up with a written notification that includes key details like the date, time, location, and circumstances of your injury. Be sure to keep a copy of this notification for your records.
Gather Supporting Documentation
Start compiling evidence that supports your claim, such as accident reports, witness statements, photographs of the injury site, and your initial medical records. Keep detailed notes of any conversations you have with your employer or their insurance company about your claim.
Get a Thorough Medical Evaluation
See a doctor who has experience evaluating and treating work-related injuries. Be sure to inform them that your injury is job-related, follow their treatment recommendations closely, and request copies of your medical records. This might be critical later in proving that you have followed medical advice closely, and also provides you with written evidence of your injury.
File an Appeal
If your employer has a formal appeals process for disputed claims, submit your appeal in writing along with any supporting evidence. Be sure to meet all deadlines and follow the proper procedures to protect your rights.
Consult a Knowledgeable Work Injury Lawyer
Appealing a disputed claim can be a daunting and certainly overwhelming process, especially when you're trying to focus on your physical recovery. An experienced work injury attorney can handle all the legal details of your claim and fight for the benefits you rightfully deserve.
The Importance of Legal Representation for Disputed Claims
When you're dealing with a disputed claim, having a skilled work injury lawyer on your side can make all the difference. Your attorney can:
Investigate Your Claim Thoroughly
A knowledgeable lawyer will gather extensive evidence to support your claim, interview witnesses, and consult with medical experts to build the strongest possible case on your behalf.
Negotiate With Your Employer and Their Insurer
Your attorney can handle all communications with your employer and their insurance company, working to negotiate a fair settlement that meets your current and future needs.
Represent You in Legal Proceedings
If necessary, your lawyer can file a lawsuit on your behalf and advocate for your rights in court. They can present compelling arguments, cross-examine witnesses, and fight for the maximum compensation available.
Provide Valuable Guidance and Support
Throughout the process, your attorney will offer informed advice on your legal rights, help you make important decisions about your claim, and provide much-needed support during a challenging time.
When choosing a Dallas work injury lawyer, look for an attorney with significant experience handling non-subscriber claims and a proven track record of success in disputed cases. Ask about their approach to client communication, and choose a lawyer who will be accessible and responsive to your needs.
