What To Do If Your Employer Does Not Have Workers’ Comp in Texas
Answer: If you are injured while working for a company in Texas that does not have workers' compensation insurance, you have the right to sue your employer for your injury and damages.
In Texas, companies can choose to NOT purchase workers' compensation insurance. When an employer chooses to not provide their employees workers' compensation coverage, then injured workers are automatically provided medical or wage benefits. This has caused many injured Texans to ask, “What are my rights if I am injured on the job and my employer does not have worker’s compensation insurance?”
What Is Workers’ Compensation?
Worker’s compensation is an insurance program overseen by the Texas Department of Insurance (TDI) that provides benefit options and reimbursement to employees who develop work-related injuries. The severity of the injury or disability will be the determining factor of what kind of income benefits you will receive and how much of it you will be paid. Besides medical treatment, workers’ compensation also includes funeral expenses and death benefits for the families of the employees who pass.
Does The Law Require Employers to Purchase Workers' Compensation Insurance?
No, Texas law does not require a company to be a subscriber to the worker’s compensation program. Companies that do not have workers’ compensation are called “non-subscribers” and you have the right to sue the company if negligence caused or contributed to causing your workplace injuries.
Is A Company Penalized For Not Having Workers’ Comp Insurance?
Yes. Companies that do not purchase workers’ comp are subjected to civil lawsuits of negligence or gross negligence related to a worker's injuries. When suing a non-subscriber, the rules of proportionate responsibility are also tilted in the employee's favor.
The Steps To Take Your Employer Does Not Have Workers’ Comp
If your employer in Texas employer does not offer employees workers' compensation coverage, here are the steps you need to follow:
Step 1: Seek Immediate Medical Attention
Prioritize your health and safety. This step Document your injuries carefully, as this will be critical if you pursue compensation later.
Step 2: Take Pictures of Your Injuries
Step 2: Check for Employer’s Insurance Status
Verify whether your employer truly lacks workers' comp coverage. Texas is one of the few states that does not require employers to carry this insurance, so some employers may opt out.
Step 3: Consider Filing a Personal Injury Claim
Texas law allows injured employees to file a personal injury lawsuit against non-subscribing employers (those who do not carry workers' comp). You may be eligible for compensation for medical expenses, lost wages, pain and suffering, and other damages.
Step 4: Consult a Qualified Texas Work Injury Attorney
Non-subscriber cases can be complex. Consulting a knowledgeable attorney can help you understand your rights, evaluate your claim, and pursue legal action effectively.
Step 5: File a Report with the Texas Department of Insurance
Reporting the incident to the Texas Department of Insurance can help you explore additional options and resources for those injured on the job without workers' compensation coverage.
The Benefits of Hiring a Texas Non-Subscriber Injury Attorney
Hiring a local Texas non-subscriber injury attorney such as Niles Sneed can significantly improve the likelihood of getting your injury damages reimbursed to the extent that you deserve. The knowledge and experience of an attorney can help the process move faster and more efficiently than trying to file a claim alone. Since non-subscribers do not have as many strict governmental regulations as businesses that have workers’ compensation do, they do not get as many defensible excuses, which allows for a bigger chance of winning a case. It is easier to find holes in their argument and prove the causes of injury when the employer cannot use certain excuses to get out of paying. Contact (866-434-0014) if you are seeking an attorney for a non-subscriber case.
How Can I Get in Touch With a Texas Non-Subscriber Work Injury Attorney?
Attorney Niles Sneed is a Texas Non-Subscriber Injury Lawyer and can be contacted by calling 866-434-0014. After being injured on a worksite, you need an advocate on your side with the resources and experience necessary to fight the company lawyers. If you have any questions or concerns regarding how a company is responding after your accident, give us a call. Attorney Sneed and our team of trial attorneys also always offer free and private case consultations and charge clients no upfront fees to handle their work injury cases.