Workers’ compensation insurance is optional for employers in Texas, and many choose not to pay for it
When an employer refuses to pay for workers’ compensation insurance for their employees; these employers are then referred to as “non-subscribers” since they have opted to not subscribe to the workers’ compensation system.
Employers that refuse to subscribe to workers compensation insurance for their employees, if they are negligent or any employee that works for them is negligent and the negligence results in injury to another employee, then the employer and the employee may be held liable for a personal injury claim.
Non-subscribing employers are not obligated to provide injured workers with medical treatment, wage replacement, or other benefits that subscribing employers offer through the workers’ compensation system. The Texas Labor Code also does not shield injured workers from retaliation claims against non-subscribing employers as it does for workers’ compensation retaliation claims. This leaves injured employees of South Texas employer non-subscribers without legal protections and essential benefits when they suffer an on-the-job injury.
When employees sustain a work injury and their employer is a non-subscriber, you have the legal right to file a lawsuit against them to recover all damages caused by their employer’s negligence under Texas Labor Code § 406.033. Contact one of the experienced, resourceful, and aggressive lawyers at J.A. Davis & Associates, LLP to determine if you have a case.
Employers who are non-subscribers lose important legal protections, including immunity from most lawsuits by injured employees. They could also be forced to pay high damage awards if an injured employee can prove in court that the employer or another employee was negligent in causing your injuries.
Proving a Non-Subscriber Work Injury Claim
In representing an injured worker in a non-subscriber claim, we must demonstrate to an arbitrator, judge, or jury that the employer or a co-employee’s negligence was a cause of the employee’s injury — even if the negligence was minor or the injured employee was also negligent. In fact, as a matter of Texas law, an injured worker could be 90% negligent and another employee 10% negligent in causing an injury and if the employer is a non-subscriber the injured employee can recover up to 100% of their damages.
Despite the growing number of employers requiring employees to agree to settle any employment-related disputes, including injury claims, through arbitration rather than litigation, a non-subscriber work injury lawyer on our team is adept at handling both scenarios. Schedule a free case evaluation now to get started.
What Can a Non-Subscriber Workers’ Compensation Claim Include?
In the event of a work injury, some non-subscribers carry separate insurance that covers some lost wages and medical care through their “benefit plan.” However, Texas law allows an injured employee in this situation to recover not only a portion of the medical costs and lost wages but also additional economic and non-economic damages resulting from the injury.
A non-subscriber work injury claim may include:
Work With a San Antonio Non-Subscriber Work Injury Attorney
Contact us today to see if one of our experienced, resourceful, and aggressive lawyers at J.A. Davis & Associates, LLP can assist you.
To schedule a free, no-obligation consultation with the qualified attorneys at J.A. Davis & Associates, LLP, please fill out the form and call our office at directly at (210) 732-1062.