Just about any employer in Texas can opt-out of providing workers comp insurance to employees. So what does it mean for injured employees? If you work for Texas non-subscriber, there are a few things you should know about if you suffer a workplace accident or illness.
Working for a company that operates as a non-subscriber doesn’t mean you’re left unprotected or without recourse in the case of a workplace injury. On the contrary, employees are entitled to about the same level of compensation at a non-subscribing company, but the process is different.
Two key differences between a non-subscriber workplace and a subscriber workplace are:
- The particular kinds of insurance coverages allowed for non-subscribers
- The potential payouts for assistance with injury for workers
When you work for a non-subscriber and get injured, the employer is responsible for allocating benefits. Whereas a subscriber employer who pays for workers comp insurance through the state won’t necessarily be responsible for compensating you. The state workers comp insurance pays your claim, instead.The non-subscriber employer is held personally responsible for paying out for injuries that occurred during on the job.
You’re a worker who’s been injured at a nonsubscriber workplace. What should you do?
First, get medical attention. Not only will seeing a medical professional right away help you recover as quickly as possible, doctors and nurses will also document the cause and extent of your injuries. Documentation from your hospital visit (photos, video, written statements from physicians) is key for getting a winning claim with a non-subscriber employer.
It’s important to know that you can’t file a claim through normal workers’ compensation because your employer is not enrolled in Texas’ state-run program. The system won’t process your claim because there is no employer to tie it back to. Your only recourse is to file a non-subscriber claim through your employer.
In these cases, it is always best to speak to a non-subscriber claims attorney first. That way, you know your rights and receive the compensation you need to support yourself while you recover. Non-subscriber claims are similar to personal injury claims. You aren’t limited to how much money you can receive and can sue for 100% of your damages. With regular workers comp, there are limits to the damages you can receive. But non-subscriber employers aren’t protected from lawsuits.
That means you can sue for:
- Lost wages
- Pain and suffering
- Diminished quality of life
- Loss of future income
But there is no guarantee that your claim will end in a settlement that covers your costs and damages. Employers might reject your claim to avoid having to pay.
That’s why it’s so important to partner up with an attorney that has a proven track record of success in these kinds of claims. They’ll represent your interests and get what’s owed to you.
So, if you’ve been injured at a non-subscriber workplace, don’t hesitate to reach out for a risk-free consultation with Texas’ best non-subscriber claims lawyers.