Learn How a Dallas-Fort Worth Work Injury Attorney Can Help After You’ve Been Hurt Working for a Non-Subscriber Employer
In Texas, employees are not required to have workers' compensation insurance. However, this does not mean that you can not receive compensation for damages due to work-related injury.
If you work for a non-subscriber employer such as Amazon, Wal-Mart, Home Depot, Costco, Target, Lowes, Kroger, or Fiesta, a work injury attorney can help you file a claim for compensation. At Armstrong Law, Dallas-Fort Worth work injury attorney Warren Armstrong helps injured workers receive compensation for their medical expenses, lost wages, and pain and suffering.
Understanding Non-Subscriber Work Injury
A non-subscriber work injury is an injury or illness that occurs at work under an employer who has opted out of workers’ compensation. Any company that opts out of workers’ compensation is known as a non-subscriber employer.
You will know if your employer is a non-subscriber employer because they are required to post a written notice. It may also be written in your contract or the employee handbook.
In the state of Texas, 25% of employers are non-subscribers. However, even in non-subscriber cases, the employer is required to provide compensation for injured workers. A non-subscriber work injury claim is a type of personal injury case.
To receive compensation in a non-subscriber work injury case, you may go to court and prove that your employer is at least 1% at fault for your injuries. This is different than a typical personal injury lawsuit where a plaintiff can recover damages only if they are less than 51% at fault.
Here are some common reasons why your employer would be held legally responsible for your work injury:
- Inadequate staff. If your employer fails to hire the appropriate number of staff members, they may be responsible for injuries that occur due to the lack of proper staffing. For example, if a construction crew is rushed due to being short-staffed on tight deadlines, more mistakes may occur.
- Insufficient training. Failing to provide sufficient training can lead to workplace injuries. If an employer allows a staff member to operate heavy machinery, like a forklift, that they are unqualified to operate, they may injure someone. If this happens, the employer can be held accountable.
- Improper supervision. If an accident occurs because employees weren’t being supervised by a trained manager, this can be evidence of fault.
- Failure to provide safe machinery and tools. If an employer doesn’t provide safe equipment, machinery, and tools and an injury occurs because of this, the employer is responsible. For example, if a saw blade falls off and cuts you due to lack of maintenance, it’s the employer's fault, not yours.
- Failure to provide Personal Protective Equipment (PPE). If an employer fails to provide PPE, this could lead to an injury. Reasonable personal safety gear, such as safety glasses, hard hats, and masks, should be provided by the employer to prevent work injuries.
How to Receive Compensation from a Non-Subscriber Employer
If you’ve been hurt while working for a non-subscriber employer, here’s what you should do to protect yourself:
- Seek medical treatment. If your employer does not subscribe to Texas workers’ compensation, you can see the doctor of your choice. You should see a doctor regardless of how serious you think your injury is. Do not wait to see if your condition improves on its own.
- Report the injury to your employer. In order to receive compensation, it’s important to report your injury to your employer as soon as possible. File a formal report and keep a copy for your records.
- Contact a work injury attorney. You should contact a work injury attorney immediately after reporting the injury to your employer. A work injury attorney will help you collect evidence and strengthen your case against your employer.
- Collect evidence from your workplace. Make a list of witnesses, take photos of the injury environment, and access any video evidence that is available to you. Your lawyer will be able to use this evidence to make your case.
- Keep records of medical and rehabilitation appointments. Keep all of your medical records, including ER or urgent care visits, follow-up doctor visits, and physical therapy appointments.
What Armstrong Law Can Do to Help
At Armstrong Law, we help employees who have been injured while working for employers who have opted out of the Texas workers' compensation system. When you choose our firm to handle your case, we will:
- Explain your legal rights. We’ll inform you about your rights and options under Texas non-subscriber law.
- Investigate your claim. We will gather evidence, interview witnesses, and review medical records to build a strong case.
- Calculate damages. We help determine appropriate compensation for your injury, including compensation for any related future expenses.
- Attempt to negotiate a settlement. We work to secure fair compensation for our clients through negotiations with the employer or their insurance company.
- Litigate cases as necessary. If a settlement can't be reached, we will represent you in court.
- Address retaliation concerns. If you’re worried your employer might try to discipline or fire you for filing a claim, we can help protect you from this type of retaliation.
What Types of Compensation You Can Receive
In work injury cases involving a Texas non-subscriber employer, damages include any losses associated with the accident. Compensatory damages include the following.
- Medical treatment. Any costs you had to pay due to medical treatment, such as medical bills, insurance premiums, or pain medication costs are compensatory damages. The cost of future medical treatment related to your injury is also included.
- Lost income. This includes lost wages due to the inability to work while recovering from your injury and any applicable loss of future earning potential.
- Pain and suffering. Physical pain and emotional suffering that you’ve experienced can qualify you to receive compensation.