When you suffer a back injury at work, it not only keeps you from taking care of your usual work duties, it can interfere with your ability to take care of your family or to engage in your usual leisure activities. Under Texas law, employers do not have to carry workers’ compensation insurance. If your employer is a non-subscriber, you have the right to pursue compensation directly from your employer. A Houston workplace back injury lawyer can help manage your claim.
The Texas non-subscriber law allows employers to choose whether they want to opt into worker’s compensation insurance. When employers choose not to carry worker’s comp, however, employees have the right to pursue compensation from them directly when they suffer an injury at work. Under this policy, if the employer bears even 1% of the liability for the accident, they can end up paying for 100% of the damages. That means that employees who suffer back injuries on the job have the right to seek full compensation for their losses.
In addition, under the non-subscriber law, employers may end up liable for legal expenses associated with their workers’ injuries.
Back injuries at work can range from chronic stress injuries to pulled muscles, slipped or herniated discs, or spinal cord injuries. The severity of the injury can determine how much compensation an injured employee needs to seek. Working with a Houston workplace back injury lawyer allows injured workers to more easily lay out the full extent of the damages they sustained, and include them as part of a comprehensive claim. Most claims will include compensation for:
Injured workers who file a claim through workers’ comp typically would not have the right to file a claim that includes compensation for their pain and suffering. However, when the employer is a non-subscriber and bears direct liability for the incident, injured employees can pursue compensation for all their damages.
Individuals who suffer injuries in a workplace accident should carefully consider their rights based on the type of coverage carried by their employer. If the employer does not carry worker’s comp insurance, the Texas statute of limitations allows up to two years after the date of the accident for the injured employee to file a claim. However, allowing the clock to run down on the statute of limitations can make evidence more difficult to collect and decrease the odds that the injured worker will get full compensation for their injuries. Contacting a Houston lawyer as soon as possible after an on-the-job back injury can help injured workers fight for the damages they deserve.
Dealing with back injuries can prove devastating, both in terms of your potential medical costs and with the limitations created by your injury. If you suffered a workplace back injury at work, including a repetitive stress injury, and need to file a personal injury claim against your employer, do not wait. Reach out to a Houston workplace back injury lawyer at Schechter, Shaffer, & Harris today to discuss your rights and how you can move forward with a claim.
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