Dallas-Fort Worth Work Injury Attorney Warren Armstrong Discusses the Pros and Cons of Going to Trial in a Non-Subscriber Work Injury Case
Most non-subscriber work injury claims are settled out of court. However, you may need to go to trial if your employer is not willing to make a fair settlement offer.
Since going to trial does involve an element of risk, this is not an easy decision to make. At Armstrong Law, we can help you determine whether settlement or court is best for your specific claim. Dallas-Fort Worth work injury attorney Warren Armstrong has extensive experience handling Texas non-subscriber work injury cases and will help you navigate the process with confidence.
What Is a Non-Subscriber?
A non-subscriber is an employer who doesn’t have workers’ compensation insurance. Some of the largest employers in Texas, including Wal-Mart, Kroger, and Amazon, are non-subscribers. If you are injured at the workplace and your employer is a non-subscriber, a work injury lawyer can help you write your claim and get a fair value for it.
Luckily, Texas law is generous. Even in non-subscriber cases, if the injured party can prove that the employer was just 1% at fault, they are entitled to compensation for 100% of the damages that occurred.
Your employer may be liable for your injury due to the following reasons.
- Bad training
- Unsafe working conditions
- Unsafe machinery, tools, and equipment
- Poor safety gear
- Coworker negligence
- Inadequate safety policies
How a Non-Subscriber Work Injury Case Works
Regardless of how your injury occurred, a non-subscriber work injury case in Texas follows the same basic process.
- Initial demand letter. Your lawyer will craft an initial demand letter. This letter entails the damages that you had, including lost wages, medical bills, and emotional distress. It informs the defendants of the basis of the lawsuit and the amount of damages.
- File a complaint in court. Next, your lawyer will file the complaint in court to make the suit official.
- The defendant files an answer. This is where you will find out if they will give you your full claim or give a counter offer. Typically, the first offer will be low.
- Discovery. Your lawyer and the defendant will exchange information and collect evidence.
- Pretrial hearing. Before going to trial, both sides will attend a pretrial hearing. They will briefly make their cases in front of a judge to determine if the case warrants going to trial.
- Negotiations. Both sides will attempt to negotiate a settlement to avoid having to proceed to trial.
- Trial. If a settlement agreement cannot be made during the process, the case will go to trial.
Benefits of Settling Your Work Injury Claim Out of Court
In general, insurance companies want to avoid going to court because it is costly and risky for them. They have to pay court fees and may end up having to pay the full claim anyway. In an effort to decrease the overall amount they have to spend, most insurance companies will do everything they can to settle the case outside of court.
If a non-subscriber work injury claim is settled out of court, the plaintiff (you) will release their legal claims in exchange for money from the defendant (your employer or their insurance company).
There are several potential advantages to settling a Texas non-subscriber work injury claim out of court:
- Faster resolution. Court proceedings can be lengthy, often taking months or years. Settling out of court typically resolves the matter much more quickly.
- Lower costs. Litigation can be expensive, with attorney fees, court costs, and other expenses. Settling out of court usually reduces these costs significantly.
- Guaranteed compensation. Going to trial carries risks - you might win more, but you could also lose the case entirely. A settlement guarantees some level of compensation.
- Privacy. Court cases become public record, while settlements can include confidentiality agreements to keep the details private.
- Less stress. Legal proceedings can be emotionally draining. Settling out of court can reduce stress and allow the injured worker to focus on recovery.
- Flexibility in terms. Settlements can include non-monetary terms that might be beneficial to the injured worker, such as continued employment or retraining opportunities.
- Preservation of employer relationship. For workers who wish to maintain a positive relationship with their employer, settling out of court can be less adversarial.
- Avoiding an appeal. Even if you win in court, the employer could appeal, further extending the process. Settlements typically end the matter conclusively.
- Control over outcome. In a trial, the decision is in the hands of a judge or jury. With a settlement, both parties have more control over the final terms.
Benefits of Going to Court
You may be inclined to go to court if the defendant refuses to pay your claim or refuses to pay your fair compensation for your damages.
Some of the advantages of going to trial include:
- Potential for higher compensation. A jury might award significantly more than what an employer offers in a settlement, especially if negligence is clearly demonstrated.
- Public accountability. Court proceedings create a public record, which can pressure employers to improve workplace safety and may benefit other workers.
- Jury sympathy. Juries may be more sympathetic to an injured worker than to a corporate entity.
- Legal precedent. Your case could set a precedent that helps other injured workers in similar situations.
- Full discovery process. Court proceedings allow for a more thorough investigation and evidence gathering, potentially uncovering important information.
- Legal protections. Court proceedings come with specific rules and protections for all parties involved.
- Appeal rights. If you're unsatisfied with the outcome, you typically have the right to appeal a court decision.
- Subpoena power. Courts can compel witnesses to testify and require the production of documents.
- Judicial oversight. A judge can ensure fairness in the proceedings and rule on legal issues as they arise.