Laredo Non-Subscriber Claim Lawyer
Our law firm fights for all injured workers in Texas
Many Texas employers have workers’ compensation insurance, but there are some that do not. The state gives them the option not to have this kind of insurance. When hurt on the job, you deserve compensation for your injuries, but you may not know your employer is a non-subscriber until you are injured (and sometimes not even then). You have the right to file a lawsuit against your employer and seek the compensation you need. An experienced work injury attorney can help.
What is a non-subscriber?
A non-subscriber is an employer that has opted out of the Texas workers’ compensation system, usually because of cost. Texas law allows almost all employers to opt out of workers’ comp, with the exception of government entities and companies involved in state construction projects.
What is the difference between workers’ comp and non-subscriber claims?
Through workers’ comp, you receive compensation for your injuries through the insurance company, including the full cost of your medical expenses as well as partial replacement of lost wages. This is a no-fault system; as long as you were at work when the injury happened, you’re covered. The tradeoff is that you cannot sue your employer for a work injury. The workers’ compensation system gives them immunity.
Non-subscribers do not carry workers’ comp insurance. They may carry some kind of insurance that pays for your injuries – and confusingly, they may even call it “workers’ compensation” – but it is not Texas workers’ compensation and does not provide the same protection against lawsuits. That means you can potentially recover more for your injury because you can hold your employer liable. But it also means the process is not as simple.
With a non-subscriber claim, you may have to take your employer to court to prove they are at fault for your injury. They may try to blame you or deny responsibility to avoid having to pay. Common reasons why non-subscriber employers are found liable for work injuries are insufficient training, improper safety gear, and lack of safety policies. Even if they are not 100 percent at fault, as long as some liability is proven, they must compensate.
The compensation amount you receive will depend on the specifics of your case. But in some circumstances, it’s possible to recover more in a non-subscriber claim than you could in a workers’ compensation claim. For instance, you may be able to sue for pain and suffering in addition to your medical bills and lost income.
How can you tell if your employer is a non-subscriber?
Under Texas law, your employer is supposed to tell you whether or not they subscribe to workers’ compensation, but many companies don’t follow the law. If you have an employment contract, you can check to see whether it says the employer is a workers’ comp subscriber or non-subscriber. You can also search for your employer on the Texas Department of Insurance – Division of Workers’ Compensation website.
If you’re not sure whether your employer is a non-subscriber, contact us. We can investigate the situation and advise you of your legal rights and options.
What to do if you’ve been injured on the job
Non-subscriber companies may be unwilling to cooperate, making them difficult to deal with during a lawsuit. To make sure everything goes smoothly in your case, make sure to follow these steps.
- Report your injury – Even if you think your injury is minor, report it and talk to your supervisor. It is important that the injury is documented within 24 hours. Your injury could worsen and develop over time, but the report will show when and how it happened, this will help support your claim.
- Seek medical attention – Getting treatment for your injury is important. You will not know the full extent of your injury unless you see a doctor. Even if you have the smallest sign of injury, you should still be seen by a doctor to ensure there are no underlying conditions.
- Talk to an attorney – Fighting for compensation from a non-subscriber employer is not new to Attorney John R. Solis. It is a complex legal process that you should fully understand. You may be unaware that you work for a non-subscriber company, but Attorney Solis can help uncover what coverage they have. Our legal team will help you learn about your legal rights and options while we fight hard for the compensation you need.
You won’t know what your case entails until you talk to an attorney. In Texas, you have 2 years from the date of your injury to file a lawsuit against your non-subscribing employer, but important evidence can disappear long before that. So, the sooner you can talk to an attorney, the better it is for your case.
If you work for a non-subscriber and were hurt on the job, talk to a Laredo attorney today.
Since Texas employers are not required to carry workers’ compensation insurance, when you are injured on the job, you may be wondering what to do. These kinds of cases are complex and in order to fully understand your legal options, it is in your best interest to talk to an experienced lawyer.
We know how to investigate these cases and hold your non-subscriber employer accountable for your injury. John R. Solis, Attorney at Law gives his clients personalized attention. Our clients come first. Discover what our legal team can do for you. Call 877-410-0899 today. We proudly serve clients in Laredo, Webb County, and beyond.