Workers’ Compensation Claims Vs. Non-subscriber Claims

What is workers' compensation? What does it mean if my employer is a nonsubscriber? Can I sue for a workplace injury?

Your safety at work should be your employer’s #1 priority. At the same time, it’s vital for them to be able to compensate you in the event of a workplace accident. Workers’ compensation is a state-run insurance package which helps an employee take care of their medical bills as well as reimburse them for part of the lost wages during a time when they were injured and hospitalized due to an on-the-job accident. In Dallas, employers may or may not have workers' comp insurance as this particular program is optional in Texas. Be aware that your ability to sue hinges on whether or not your employer subscribes to the workers' comp program.

Workers’ compensation may not be in your best interest.

Workers’ compensation may sound noble. However, the truth is that most employers take out this kind of insurance simply to protect themselves from lawsuits. In fact, the workers’ compensation law was a suggestion by big businesses and insurance companies who wanted to protect their interests at the workplace. While it allows the victim to get medical assistance whether the accident was their fault or not, these doctors will often deny you the medical care you need and send you back to work before you are healed. It also does little to compensate the injured party. You may be eligible to receive a portion of your wages, and only after you've missed a certain number of days. Of course one would think the employee would be entitled to receive 100% of his or her lost wages when the accident was the company's fault, but workers' compensation doesn't really play fair.
"So why can't I just file a personal injury claim against my employer?" If they subscribe to Texas workers' comp, you're essentially barred from bringing a work injury lawsuit.

Are there exceptions to the rule?

Yes. If your employer subscribes to workers’ compensation, you may only sue them in cases where there is gross negligence resulting in death. If your employer completely disregarded safety measures or failed to remedy unsafe situations or get rid of hazards, you may have a strong personal injury case.

Non-subscriber claims in Texas.

Employers who haven’t subscribed to workers’ compensation are fair game when it comes to personal injury or wrongful death lawsuits. This is because the law allows you to sue for the full extent of your injuries given the fact that you’re at a disadvantage and have no net to fall back on when injured. With a nonsubscriber work injury claim, you can sue your employing company just like with any other personal injury situation. You may seek 100% of your lost wages, pain and suffering, diminished quality of life, loss of future income, and any other damages claim caused by your work injury.

Call an attorney sooner rather than later.

It’s important to note that you should go over your particular situation with a Dallas workers' comp lawyer as soon as possible to get an idea of your legal options. Many employers pretend to have workers' comp when they don't in order to trick you into thinking you cannot sue. Rasansky Law firm can check with the Texas Department of Insurance to tell you for sure if they are a subscriber or not. Please feel free to call us and time of day or night at (214) 651-6100, or email us for your free consultation. Thanks for choosing us!