Texas law allows you to recover damages from your employer if you have been hurt at work—even if your employer was not covered by workers’ compensation insurance. However, as with any legal claim, you can only recover damages if you can prove that you are legally entitled to such damages and if you can prove the value of your damages.
What You Need to Prove in a Texas Non-Subscriber Case
It may not be a bad thing for you if your employer does not subscribe to workers’ compensation insurance. You may be entitled to a greater recovery in a non-subscriber case then you would have been in a worker’s compensation case if you can prove that:
- Your employer does not have workers’ compensation coverage. If your employer is covered by workers’ compensation insurance, then you must make a workers’ comp claim and you will not have a non-subscriber case.
- You were hurt in a work-related incident or you became sick because of your work conditions. It is not enough to prove that you got sick or that you were hurt at work. For example, if you suffer a heart attack or stroke that would have occurred anywhere then you do not have a work-related injury. However, if you were hurt or if you became ill because of your work-related activities, then you may have a claim.
- Your employer’s negligence was at least one percent of the cause of your injury or illness. If your employer contributed in any way to your injury or illness, then you could have a claim.
Your employer loses the right to assert any defenses that are typically allowed in other kinds of personal injury cases. For example, your employer cannot successfully defend itself by arguing that you were also negligent.
How to Prove the Value of Your Injuries
It isn’t enough to prove that you were hurt. In order to recover the fair damages allowed by Texas law, you are going to have to prove the value of those injuries. To do that, you and your work injury lawyer may need:
- Accident reports. These will describe what happened to you and may describe your immediate injuries.
- Medical records. Your medical records will describe your injuries and your treatment.
- Eyewitness statements or testimony. This could include people who saw the accident happen and who can testify as to the immediate injury and pain that you suffered. It could also include people who have seen you regularly since the time of your injury and who can testify about the changes you have experienced since you were hurt.
- Expert witness testimony. Doctors and other experts can testify about the extent of your injuries, your future treatment plans, and your prognosis. Additionally, other experts may be useful in proving how you were hurt, how you became ill, or the financial losses you can expect to suffer from limitations on your ability to work.
- Photos or videos. This can be valuable evidence of the injuries that you suffered and the impact of those injuries on your daily activities.
You should expect that your employer will fight hard to minimize the value of your injuries. If you are significantly injured, then your employer may have its own team of doctors and expert witnesses to try to prove to the court that you should get less compensation for your injuries. You need to be prepared to fight this and to prove the value of your injuries with convincing evidence.
Don’t Try This Alone
If you fail to prove your case or if you fail to prove the value of your damages then you may be left without a fair recovery. The legal process can be tricky and one mistake could mean that you don’t get fair compensation. However, you do not have to try to satisfy the burden of proof on your own. Instead, you have the right to work with an experienced job injury lawyer who will fight hard to get you the damages that you deserve in a non-subscriber case.
To learn more, please schedule your own free, confidential, no-obligation consultation with us today. We invite you to contact us through this website or by phone at your convenience.