Understanding Your Rights for Non-Subscriber Workplace Injuries in Houston
Normally, Texas mandates employers to carry workers’ compensation insurance for their employees. This insurance usually serves as the sole compensation for an employee injured on the job, except in cases of extreme negligence or deliberate actions leading to wrongful death.
Nonetheless, certain employers choose not to participate in the workers’ compensation system, becoming nonsubscribers. Under these circumstances, an injured worker might have the option to pursue legal action against their employer for injuries sustained due to negligence.
Non-Subscriber Employers in Houston
A growing number of large Texas employers choose not to provide workers’ compensation insurance, thus becoming nonsubscribers. When a work-related injury occurs due to negligence, an employee can sue these nonsubscriber employers for damages. The employer can’t claim defenses such as the employee’s contributory negligence, assumed risk, or a co-worker’s negligence. If the employer is slightly negligent, the employee might recover full damages.
Negligence and Unsafe Work Environments
To successfully sue a nonsubscriber employer, the employee must prove the employer’s negligence and failure to ensure a safe working environment. This includes neglecting to provide adequate tools, training, safety policies, employee monitoring, and instructions.
Employee Benefit Plans and Legal Actions
Some nonsubscribing employers might offer an employee benefit plan covering work-related injuries. However, this doesn’t alter their nonsubscriber status or prohibit lawsuits. Employees must be aware of the deadlines and procedures for reporting injuries and should keep a copy of the benefit plan. This plan might shorten the statute of limitations and propose arbitration as the resolution method. Employees should carefully consider before signing any post-injury waiver.
Workers’ Compensation Coverage
Employers offering workers’ compensation provide no-fault insurance coverage. Injured employees receive medical treatment and possibly wage loss benefits, regardless of who was at fault. Yet, in most scenarios, the presence of workers’ compensation means employees and their families cannot sue the employer, with exceptions for cases involving gross negligence or intentional wrongful death.
If your work injury was caused by another company or its employee, you might have a claim against that third party, separate from any Texas workers’ compensation claim, subject to different deadlines.
Consulting a Nonsubscriber Attorney in Houston, Texas
If you’re injured at work, and your employer is a nonsubscriber, or if a third party caused your injury, reach out to Burwell Nebout Trial Lawyers. Our adept Houston attorneys specializing in nonsubscriber and third-party cases will guide you through your legal options and strive for the compensation you’re entitled to.