When you get hurt at work, you want to know what your options are. After all, you need to recover the cost of your medical bills and lost wages. While many businesses carry workers’ compensation insurance, Texas law does not require companies to participate in this program.
Employers are allowed to opt out of the state’s workers’ compensation system, but you may still have recourse. Learn what your legal alternatives are, whether your employer has coverage or is a non-subscriber, and what to do next.
How Does Workers’ Compensation Work in Texas?
Texas operates a “no-fault” workers’ compensation system. This compulsory social insurance policy offers medical expenses, rehabilitation costs, and lost wage benefits to employees who are injured or become ill while on the job. Through this program, companies are insured against the financial risk of work-related injuries, even if your employer was not at fault. Unfortunately, you are not permitted to sue for negligence under workers’ compensation.
What Is a Non-Subscriber?
A non-subscriber in Texas is an employer who does not participate in the workers’ compensation program. These companies must still provide a safe place for you to work and if they do not, you may be able to pursue other avenues to recover your losses, like a personal injury claim.
When Workers’ Compensation Does Not Apply
There are a few circumstances in which your injuries may not be covered by workers’ compensation. If you got hurt intentionally, dismissed your company’s safety policies, acted recklessly, or you were under the influence of drugs or alcohol while on the clock, it would disqualify you from these benefits. However, because Texas law prohibits non-subscribing companies from using contributory negligence against you in court, you may still have a legitimate legal claim, even if you were partially responsible for the accident.
What To Do if You Are Injured on the Job
If you get hurt at work, seek medical attention right away, even if you think it is a minor injury. The medical professional you see would document your injury and all necessary treatments. Remember to make a record of all communications you have with your employer and keep them updated on your condition and treatment plans. These records are essential to your case whether your company has workers’ compensation coverage or you need this evidence to sue a non-subscriber.
What if Your Employer Does Not Have Workers’ Compensation?
If your Texas employer is a non-subscriber, you may be able to file a personal injury lawsuit against them. Our legal team would review your case to see if your circumstances qualify for a claim. If your employer acted negligently, we would help you recover economic damages as well as pain and suffering.
Get the Legal Help You Need if You Are Injured on the Job
Contact the experienced attorneys at Schechter, Shaffer & Harris if you have been injured on the job. We would answer your questions, evaluate your case, and fight for your rights. There are time limits for filing claims in Texas, so don’t delay.
