Workers’ Compensation: What You Need To Know

Posted in Worker compensation on August 20, 2019

Virtually every state in the United States, requires employers to carry workers’ compensation insurance, usually set up either through a third party insurance carrier or through the employer’s self-insured program. Texas, however, isn’t one of them. 

While this may be beneficial to some, what about those that have been injured on the job and whose company doesn’t carry workers’ compensation? What are their options?

Your experienced McAllen workers’ compensation attorneys at the Rafael De La Garza Law Firm can ease your anxieties by finding viable alternative solutions to get the compensation you need. Here’s a few things to know if you find yourself in this unfortunate situation.

Employers Without Workers’ Compensation

Discovering that your employer does not carry workers’ compensation insurance can only add to your already copious amounts of troubles. In the state of Texas, employers can make a legal business decision not to carry workers’ comp, and if they do this, they are classified as a “non-subscriber”.

Luckily, all hope for compensation after a work injury is not lost just because an employer is a non-subscriber. Injured employees can still pursue a personal injury claim against their employer regardless, even if they’ve signed an arbitration agreement.

The Benefits of Filing a Personal Injury Claim

The majority of states allow employees in this particular situation to sue their employers through what is known as a personal injury claim. The type of claim to be filed all depends on what type of accident caused their injury.

There’s an upside to this situation: you can seek the full amount of your losses without being subject to a monetary cap. In addition to that, you can collect damages for the emotional distress caused by your injuries.

You may also be able to collect what are known as “punitive damages,” which are intended to punish the employer if their misconduct resulted in your injuries.

Is Your Company At Fault? 

If you’ve suffered an on-the-job injury, there’s a chance that your employer may be at fault. There are several ways that an employer can fail to provide a safe work environment for all its employees, possibly leaving them liable for any injury. For example:

  • The employer didn’t provide the necessary manpower.
  • The employer didn’t warn employees of hazardous conditions.
  • The employer failed to provide safe machinery or tools.
  • The employer failed to properly train employees.

What You Should Do

The success of your workplace injury claim could depend on the actions you take after the injury. If you are injured on the job, be sure to follow these few recommended steps:

  1. Report your injuries, even if the injury is only minor. By failing to report an accident, you could lose your ability to pursue a claim. 
  2. Follow all advice given by your medical providers.
  3. Identify any and all witnesses, as their testimony will be vital. 
  4. Attend every medical and rehabilitation appointment related to the injury.
  5. Write down any and all details regarding the accident.
  6. Consult with a workers’ compensation attorney who can protect your legal rights immediately following an injury on the job.

It’s important to know your rights in the event of an on-the-job injury. You don’t have to go through this trying time on your own. 

The reputable Raphael De La Garza Law Firm is on hand to guide you during this difficult moment. Contact us at (956) 533-1426 to schedule your FREE legal consultation today. 

During the COVID-19 crisis, De La Garza Law is open for business and continues to be available to existing and new clients through virtual meetings and teleconferences. We can handle all of your legal needs without you leaving your house. Please, call (956) 533-1426 or contact us here to be connected to our attorneys who can get to work on your case.