Texas Workers’ Compensation Nonsubscriber Laws
The Texas workers’ compensation program does not require most private employers to carry workers’ compensation insurance. An employer who chooses not to have workers’ compensation insurance is a “nonsubscriber.” The law obligates your employer to tell you if it is a nonsubscriber. As such, you have the right to file a personal injury claim against your employer in the event of a workplace accident and injury.
The Law Offices of Tom Hall can assist you with these complex claims, helping you go up against your employer and/or other parties in pursuit of compensation. Call our Fort Worth team today for more information.
What to Know About Workers’ Compensation Nonsubscriber Cases
Workplace accidents injure and kill hundreds of employees every year. Workers in Texas may suffer illnesses, toxic substance exposure, strains and sprains, broken bones, head and brain injuries, or spine injuries from job-related accidents. Injured workers deserve financial compensation to cover their medical bills, pain and suffering, lost wages, and other losses.
When workers’ compensation benefits aren’t an option, employees must look elsewhere for coverage. They must assert claims for compensation through arbitration or formal lawsuits. Arbitration against a nonsubscriber involves a meeting of the injured employee, the employer, and legal representatives. It may or may not involve the employer’s insurance company as well.
Arbitration is a pre-trial process that, if successful, could result in a settlement. Otherwise, arbitration can give way to a full-blown civil lawsuit against your employer. An experienced attorney can help you get the best possible results for your claim, no matter what it takes. A lawyer shouldn’t be afraid to take your case as far as necessary for top results.
Elements of a Workplace Accident Claim
You will need to prove four main elements for a successful nonsubscriber claim. First, you will need to show that your employer owed you a duty or obligation. Providing adequate training and safety gear is an example of an employer duty to employees. Second, that your employer breached his/her/its duty to you. A breach of duty can describe any action that falls outside of the accepted standards of care for the situation. For example, failing to give employees the right safety equipment to work with hazardous chemicals could be a breach of duty or act of negligence.
Third, you will need to prove your employer’s breach of duty caused or was a major factor in your job-related accident and injuries. You might not have a claim against your employer, for instance, if a coworker caused your injuries by physically assaulting you. (In this example, however, you may have a claim against your coworker.) Finally, you will need to show you suffered real damages because of your employer’s actions. Quantifiable damages can be both economic and non-economic in the Texas civil courts.
Filing a personal injury claim against a nonsubscriber in Texas could result in payment for your accident-related hospital bills, past and future medical expenses, pain and suffering, temporary or permanent disability, lost income from missed shifts at work, lost capacity to earn, property damage repairs, lost quality of life, and loss of consortium. You could be eligible for additional damages if your loved one died in a Fort Worth workplace accident.
Contact the Law Offices of Tom Hall for Assistance
Going up against your employer in pursuit of financial recovery for occupational injuries can be difficult on your own. Hiring an attorney can make the legal process a breeze, so you can relax and focus on getting well. Our attorneys can use aggressive legal tactics to get the best possible results for your nonsubscriber claim in Fort Worth.
Learn more during a free legal consult with one of our lead attorneys, not an assistant or paralegal. Clear communication is a priority at the Law Offices of Tom Hall. Call (800) 866-4255 to schedule your meeting today, or request one online.