In other states, it may be a pretty safe bet that your insurer would have workers’ compensation insurance because such insurance would be required by state law. However, in Texas that is not true. Employers may decide for themselves whether they want to be covered by workers’ compensation—even though they may not decide for themselves whether they want to pay injured workers. In order to get the fair recovery that you deserve if you are hurt at work, it is important to know whether your employer has workers’ compensation insurance.
Texas Employers Must Provide Employees With Notice of Their Workers’ Compensation Status
Employers are required to let their employees know whether or not they have workers’ compensation insurance. Texas Department of Insurance Reference Rule 110.101(e)(2) requires that a notice be posted in English, Spanish, and any other language common among employees. This notice must be posted in the personnel office (if there is one) and in a prominent place in the workplace where employees are likely to see it regularly. The rule requires certain fonts for the title and content and it requires that certain words by used. A model form is provided for employers to use. Whatever form the employer uses, however, must include the date the employer was certified by the state as having workers’ compensation insurance and other information.
Your employer is also required to inform you in writing of its workers’ compensation insurance status when you are hired and whenever that status changes.
How to Know for Sure
Unfortunately, some employers do not tell the truth about their workers’ compensation coverage. They may try to avoid the costs of workers’ compensation insurance and a non-subscriber claim by telling you that they are covered by workers’ compensation insurance when they do not have such coverage.
If you have a question about whether your employer is insured then you can contact the Texas Department of Insurance or, if you’ve been hurt, then you can contact an experienced Texas work injury lawyer who can help you take the necessary steps to protect your recovery whether your employer is covered by workers’ compensation or is a non-subscriber.
What Happens If Your Employer Is Covered by Workers’ Compensation
If your employer is covered by workers’ compensation insurance, then your recovery for a work-related injury or illness should come from the insurance company. The insurance company should pay your medical expenses directly to your medical providers and should provide you with any benefits to which are entitled by law. As with any type of insurance coverage, however, the insurance company has a financial incentive to pay you as little as possible so that it can maximize its profits. Accordingly, you may have to fight for your fair recovery.
Don’t Give Up Your Rights If Your Employer Does NOT Have Workers’ Compensation Insurance
Texas does not require that all employers subscribe to workers’ compensation insurance. The employers who choose not to purchase workers’ compensation insurance are called non-subscribers.
Non-subscribers are not off the hook for paying for your work-related injury or illness. Instead, they are liable for all of your injuries, including all of your medical expenses, lost income, future lost income, pain, suffering, and other damages. Additionally, if you can prove gross negligence, then your employer may be liable for punitive damages. In other words, you may be able to recover more than if your employer had been covered by workers’ compensation insurance.
The first step in protecting your work injury recovery is knowing whether or not you are pursuing a workers’ compensation claim or a non-subscriber case. If you have any question about the kind of recovery you are seeking or if you would like help protecting your rights in either type of case, then we encourage you to contact our experienced work injury lawyers directly for a free, confidential, no-obligation consultation. Your time to pursue both types of cases is limited, so please contact us any time via this website or by phone to schedule your meeting today.