Contact Our Experienced Dallas Work Injury Lawyer for Help With Your Claim
Texas is the only state that allows private employers to opt out of carrying mandatory workers’ compensation insurance. This leaves many workers vulnerable if they get injured on the job.
However, as an experienced Dallas work injury lawyer, Warren Armstrong helps injured employees pursue legal action and recover damages when their employers lack proper coverage. Learn about non-subscribers and filing injury claims in Texas, then contact Armstrong Law to discuss your next steps.
The Non-Subscriber Problem in Texas
Under Texas law, businesses can choose not to provide workers’ comp and instead create their own plans to cover work injuries. These companies are known as non-subscribers.
Without workers’ compensation:
- Employees who get injured on the job can’t get benefits like lost wage reimbursement or long-term medical care, which are guaranteed under work comp.
- Workers who get injured on the job must prove their employer was legally liable and negligent in civil court to recover damages. This can be very difficult.
- Employers face higher risks and costs of lawsuits but avoid paying work comp insurance premiums.
Getting Benefits for Injured Workers From Non-Subscribers
When you are injured on the job, and your employer has workers’ compensation coverage, the employer can only be sued if the injury results in death and the employer was grossly negligent in causing the employee’s death. These are limited cases.
If your employer, however, has not subscribed to workers’ compensation coverage (non-subscriber), you can sue your employer – no matter the extent of your injury (or death) – and seek the compensation you may be entitled to because of your workplace injury. You may be able to get compensation for:
- Lost wages while you are recovering from an injury
- Medical costs associated with your injury
- Pain and suffering
- Physical disfigurement
- Mental anguish
- Physical impairment
- Any costs you incurred as a result of your injury
The other factor one must consider is, that even if you were partially at fault for an accident that caused your injury, your employer is prohibited from asserting certain common-law defenses, including:
- The injured employee’s negligence caused the injury.
- the negligence of fellow employees caused the injury.
- the injured employee knew of the danger and voluntarily accepted it.
Thus, if your employer is found to be in any way responsible for your injury, then they must pay you for the losses you have suffered and other court-ordered or agreed-upon benefits.
The best way to determine what your rights are and what benefits you may be able to collect is to work with an attorney who will help explain your legal rights, tell you about your options, and help you take the steps necessary to hold your employer accountable.
Benefit Levels Differ for Subscribers and Non-Subscribers
When your employer subscribes to a workers’ compensation policy, their liability for your injuries is limited by the coverage offered under the policy. As mentioned, only in very limited circumstances could a lawsuit be filed to seek additional benefits. Some limitations, such as the ability of an injured worker to collect damages for pain and suffering, are part of the protection offered to employers who are subscribers to workers’ compensation.
However, as an employee of a non-subscriber, your employer’s coverage pays up to the limit of their policy, and the employer is required to pay any uncovered amounts. In addition, your employer can receive a judgment to compensate you for pain and suffering and punitive damages. The challenge, of course, for the injured party, is getting this compensation.