Worker Compensation lawyers
What Are On the Job Non-Subscriber Injuries?
In Texas, companies or employers who choose not to carry workers compensation insurance are referred to as non-subscribers. These companies have elected not to pay for workers’ compensation insurance, often because of high premiums, or because they object to what they consider to be the high incidences of fraud and misrepresentation with this type of coverage.
Texas is unique, because it is the only state that permits businesses to opt out of traditional workers’ compensation coverage. In fact, more than 40 percent of employers in Texas are non-subscribers, and nearly half of those employers have five or fewer employees. But the consequences can be disastrous if an employee of a non-subscriber suffers injuries that the company is unable to pay for out of a private self-insurance fund.
What Are the Consequences of Becoming a Non-Subscriber?
When a business in Texas opts out of providing workers’ compensation insurance, it loses some important legal protections, including:
- Cannot Claim Immunity From Legal Action – If an employee is injured on the job, a non-subscriber does not have immunity against a legal claim, meaning that an employee could sue the company to recover damages, loss and pain and suffering if it is proven that the employer was negligent or careless. Texas law limits the liability of a company that has workers’ compensation coverage after an employee is injured on the job.
- Cannot Claim Employee Negligence – A non-subscriber also loses the common law defense of being able to claim that an employee’s negligence caused the injury. It also loses the defense of claiming that another employee caused the employee’s injury or that the employee who was injured knew the risks of getting injured, and accepted those risks prior to the injury.
- Cannot Limit Damage Amount – Non-subscribers also lose the protection against high damage awards in a trial, which means that they may have to pay millions in punitive damages, and damages for pain and suffering. They may also be liable for a plaintiff’s attorney fees and other legal expenses.
What Are Some Factors That Determine a Non-Subscriber’s Liability?
- Not providing proper safety training.
- Not hiring sufficient staff to perform work duties.
- Not providing safety equipment for machinery or tools, and not training workers how to use that equipment.
- Not providing personal safety equipment, such as helmets at a construction site, or goggles at a metal works factory.
- Not making appropriate workplace repairs to prevent an injury.
Not preventing the negligence of another employee that led to the plaintiff’s injury.
Pursuing Your Legal Rights
On the job non-subscriber injuries can cause you to miss extensive time at work, without workers’ compensation benefits to ease your financial distress. These injuries can even cause permanent disability, changing the entire future of your family.
That’s why it’s vital that you hire the team at David K. Wilson & Associates to handle your insurance claim .We are committed to ensuring that non-subscribers are held liable for their lack of foresight, and we have the resources to pursue your claim to a jury trial if necessary. Call us today at 903-870-9050 to learn all your legal options.