If you are injured at work, you can face significant hardship. You may need to pay for extensive medical care, lose weeks of wages, or be unable to return to your previous position at all. In many cases, Texas employees have the right to file a workers’ compensation claim to recover benefits that can help pay for these losses.
However, not all employers offer this insurance. If you are working for a Texas non-subscriber employer, you may have to pursue avenues outside of traditional insurance claims to recover the compensation you need.
What Is a Texas Non-Subscriber Employer?
Workers’ compensation insurance provides benefits, such as disability payments and medical expense coverage, to employees who sustain injuries while performing their work-related duties. When an employee gets hurt, he or she can file an insurance claim to recover these benefits; in most cases, filing a workers’ compensation claim waives the employee’s right to file a lawsuit over the same incident.
Texas, unlike other states, does not require employers to provide workers’ compensation coverage to their employees. Employers can choose to invest in this coverage and pay into Texas’s workers’ compensation injury fund. Employers can also choose to waive this coverage and assume the risk for employee injuries.
A non-subscriber employer is a Texas employer who does not offer workers’ compensation coverage to his or her employees. Without this insurance, the employer is liable for any injury that an employee sustains on the job. Whenever an employer hires a new employee, he or she must inform the new hire of his or her coverage status.
Can I Recover Compensation for an Accident from a Non-Subscriber Employer?
If you are working for a non-subscriber employer and you sustain an injury while performing your job duties, you have the right to file a non-subscriber claim against your employer. When a Texas employer waives workers’ compensation insurance, he or she also waives certain legal protections—including immunity from any employee lawsuits.
Through this claim, you can recover compensation for economic and non-economic damages related to your accident, including the following.
- Past and future medical expenses
- Lost wages
- Loss of future earnings
- Property damage
- Pain and suffering
Proving Negligence in a Work Accident Case
Although you may have the right to file a lawsuit against a non-subscriber employer, the burden of proof is higher in a lawsuit than a workers’ compensation claim. In a workers’ comp claim, you can recover compensation regardless of fault or negligence. In a lawsuit, however, you will need to prove that the employer’s negligence caused your injury.
To prove negligence in a Texas lawsuit, you will need to gather sufficient evidence to prove the following four facts.
- Your employer owed you a duty of care. All Texas employers have a duty to maintain safe premises and follow applicable laws and regulations.
- Your employer breached his or her duty of care through a negligent act or failure to act.
- Your employer’s breach of duty caused your injury.
- You sustained damages in your accident that you can collect in your lawsuit.
Proving a Texas work injury lawsuit can be a challenge. Your employer may fight against your claim, stating that your actions were responsible for the accident. You may struggle to develop a compelling case for your right to damages. In these situations, a Texas work injury attorney can help.
A McAllen workplace injury lawyer can review your case and help gather the evidence you need to prove your right to recovery. As soon as possible following your accident, contact an attorney to discuss your case and legal options.
