At the Packard Law Firm, we help people who've been injured on the job when their employer does not carry official workers' compensation insurance. It may come as a surprise to learn that fully one third of all Texas employers are "non subscribers" in the workers' compensation system. Some of them are big employers: large discount retailers, nursing home chains, grocery store chains, construction companies...A lot of these companies are trying to save money on their premiums, but it only saves them money if they trick the injured worker into thinking this watered-down fake workers' compensation is all that they're able to get.
The truth is, when the empoyer does not carry workers' compensation insurance, the tables are turned in favor of the worker. Instead of getting a fraction of their lost wage benefits, they get all their past and future lost wages. Instead of getting nothing for mental suffering and pain and anguish, they're entitled to the full measure of their pain and suffering and mental anguish damages. They get all their past and future medical benefits, they even get punitive damages in the appropriate circumstances.
The other thing about a non-subscriber case is that an employee's fault in causing his or her own accident is not counted against them as long as you can prove that the employer was at least 1% responsible for the injury, then the employee gets 100% of all of their damages. The thinking of the legislature is if the employer wanted to be protected, they should've bought workers' compensation. And if not, as long as you can prove 1% negligence on the part of the employer, then you can get all of your past and future damages.
So if you've been hurt on the job and your employer doesn't carry workers' comp, you have rights. Give us a call or contact us online, we'll talk you through your options and protect you anyway we can.