What is a Non-Subscriber Work Injury Claim in Texas?

Texas has unique workers’ compensation laws. Although many employers in our state do carry no-fault workers’ comp coverage, it is actually not required in our state. An employer can be a non-subscriber. If you are hurt while working for a non-subscriber, there are some special considerations that you should keep in mind. In this article, our Houston personal injury attorney provides a guide to non-subscriber claims in Texas.

An Overview of Texas Workers’ Comp (Non-Subscriber)

The Texas Department of Insurance (TDI) explains that businesses in our state are not required to purchase workers’ compensation insurance. They can effectively opt-out of the system. Employers who do not participate are known as “non-subscribers.” If an employee is hurt on the job while working for a non-subscriber, they cannot rely on the no-fault workers’ compensation system for medical benefits and/or wage replacement. Instead, the injured worker has the right to bring a civil personal injury claim against the employer. Non-subscriber claims are fault-based cases, much like any other type of personal injury case in Texas.

There are Unique Legal Standards for Non-Subscriber Claims

While proving negligence is required, Texas law imposes strict limits on defenses available to non-subscribers. Under Texas Labor Code § 406.033, an employer that opts out of workers’ compensation cannot use certain common-law defenses in court. More specifically, they cannot argue that the employee assumed the risk, was contributorily negligent, or that the injury was caused by another employee. The standard makes non-subscriber employers more vulnerable in litigation. If negligence can be shown, the employer is fully responsible for damages suffered by an injured worker. 

Recovering the Maximum Compensation for a Work Injury 

If you were hurt while working for a non-subscriber employer in Texas, you have the right to seek compensation for the full extent of your damages, including intangible losses. Unfortunately, employers and their insurers often fight aggressively to pay out less. Our Houston personal injury attorney can help you fight for the absolute maximum compensation. Along with other types of damages, you may be entitled to get compensation for:

• Emergency room care;
• Hospital bills and other medical costs;
• Physical therapy and rehabilitative care;
• Loss of wages and loss of earning power;
• Pain and suffering;
• Long-term disability; and
• Wrongful death of a family member.

Non-Subscriber Claims are Time-Sensitive 

An injured employee generally has two years from the date of the accident to file a lawsuit under Texas Civil Practice & Remedies Code § 16.003. What happens if you do not bring a claim in a timely manner? You may lose out on the right to get any financial compensation at all. 

Contact Our Houston Non-Subscriber Work Injury Lawyer Today

At Henrietta Ezeoke Law Firm, our Houston personal injury lawyer has the knowledge, skills, and experience to take on non-subscriber cases. If you or your loved one was hurt on the job while working for a non-subscriber employer, we can help. Call us now or contact us online for a free case review. We represent injured workers throughout Southeast Texas.

Source:

tdi.texas.gov/wc/nonsubscriber.html