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Work Accidents – A Word About Workers’ Compensation

If your employer has workers’ comp, you will need to inform your company immediately after the workplace incident. By law, you have thirty days to report the accident and your injury, but if you delay, many employers will try to deny or minimize your benefits. It is in your best interest to report your medical care as soon as you can. Texas law protects subscribers to workers’ compensation by giving them immunity, with strict exceptions, to lawsuits by employees who’ve suffered an injury or loss in the workplace. More information our San Antonio Workers Comp Lawyer here
Employees who’ve been injured due to outrageous carelessness or gross negligence are able to file a personal injury claim, and if the accident was fatal, the immediate family members of the deceased can file a wrongful death claim. Also, in many workplace accidents a third party, such as a contractor, vendor, or supplier may have partial or complete liability for the mishap that caused your injury or loss. The attorneys at our Law Office can help you disentangle the liability of two or more parties that are responsible for your pain and suffering. More information our San Antonio Work Injury Lawyer here
What if My Employer Doesn’t Carry Workers’ Compensation and is a Non Subscriber?
Nonsubscribers are those employers who do not buy state-supported workmans’ compensation insurance. The procedures for seeking relief and filing claims are vitally different than seeking compensation and filing claims under workers’ comp. When you deal with a nonsubscriber, you are in for an experience that can be very expensive, time-consuming, and completely frustrating.

The main difference between a subscriber and nonsubscriber claims is that a nonsubscriber employee who has been injured in a workplace accident is that the injured worker has much more legal freedom to initiate a lawsuit against his or her careless or negligent employer for his or her harms and losses. With subscriber claims, most injured employees deal with workers’ compensation administrative bureaucracies and bureaucrats, and as a result, they are dealing with the force of state government. With nonsubscriber claims, however, most injured or harmed workers find themselves dealing with the Texas judicial system and Texas civil law. Because these claims tend to find their way to the courts, it is easier for victims of workplace injuries to seek relief since they are not fighting against government-supported employers, but instead, they are up against negligent employers who’ve failed to provide safe and secure workplaces. Nevertheless, a lawsuit against a nonsubscriber employer is an extremely difficult undertaking.

Though an injured worker of a nonsubscriber employer has more workplace rights than the others, it doesn’t mean they should try to represent themselves when pursuing legal action or settlement. The law and regulatory regime in place are far too complicated to understand for those who have no experience of it and who do not work with it on a daily basis, so it is necessary to secure the services of a nonsubscriber attorney to help you navigate your way through the dangerous shoals of nonsubscriber workplace injury law. The nonsubscriber specialist attorneys at our Law Office can help you seek, negotiate or win the full and fair compensation that is rightfully yours.

If your employer is a nonsubscriber and not enrolled in workers’ comp, you can bring a personal injury claim to seek compensation for your injuries and losses for:

Lost wages while recuperating and recovering for your injuries while hospitalized or otherwise on leave due to doctor’s orders
Loss of future wages and earning potential due to your accident and long-term disability
Reimbursement for medical bills and expenses
Property loss due to the workplace incident
Pain, suffering, and emotional distress

Texas law grants nonsubscriber employers only one real defense against liability for their negligence, and this legal defense is known as proximate cause. In order to prove proximate cause, your employer must demonstrate that you are solely and wholly responsible for your workplace accident. After your worksite mishap, your employer’s legal defense team will immediately begin to build a case against you in order to prove that you were in fact the negligent party and relieve your employer of any liability. For instance, if you have injuries that resulted from crushing your hand, your employer will try to show that you should have been wearing work-gloves for protection and the accident is your fault alone. Our Law Office nonsubscriber attorneys have the skill and experience to show a relationship between your blameless actions and any harm by demonstrating that your employer did not exercise due care in providing you the right safety training and equipment necessary for you to perform your job with the utmost care. We can also show that other third parties may be negligent in providing for workplace safety, and we will accordingly hold them accountable for their carelessness and recklessness.

In order to prove a nonsubscriber liable for your workplace injury and loss, it can only be done by engaging in difficult and complex legal work in which only the most experienced personal injury or wrongful death attorneys can be successful. We know how to establish to a judge and jury that your employer was careless in providing a safe work environment and that your injury is a result of employer negligence, and that you are truly innocent. We are dedicated to aggressively aiding you in receiving the compensation you deserve, regardless if your employer subscribes to workers’ comp or not.

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