In Texas, your rights as an injured worker greatly depend on whether your employer procured workers’ compensation insurance. In some cases, employers will subscribe to a workers’ comp policy that will provide you with benefits if you are injured on the job. In other cases, employers will opt out of getting workers’ comp insurance. They are referred to as nonsubscriber employers.
Obtaining Compensation With Nonsubscriber Employers
Employees injured at work who have nonsubscriber employers can pursue compensation directly from their employer.
However, to prevail, the injured worker must prove that the company was at least 1% at fault for their injuries. If so, the company is responsible for paying 100% of the fair compensation to the injured worker. This includes the following:
- Financial, physical and emotional losses, such as past and future medical expenses
- Past and future lost wages
- Past and future impairment
- Pain and suffering
- Mental anguish
Proving Negligence In A Nonsubscriber Lawsuit
At Packard Law Firm, in San Antonio, we have helped many individuals with the Texas workers’ comp process, including nonsubscriber cases.
Sometimes, we can prove negligence by showing that the company provided inadequate warnings, failed to provide proper equipment or failed to keep the premises safe. Frequently, we use safety experts to show what the company should have done to help prevent the accident. This allows us to seek full compensation for workers who are hurt while working for a nonsubscriber employer.
Contact Our Attorneys Today To Discuss Your Nonsubscriber Claim
If you were injured in an on-the-job accident and your company doesn’t have workers’ comp, you have rights. Call our office at 210-679-1930 or send us an email today to discuss your situation in further detail.