Unlike most states, Texas allows employers to opt out of the state’s workers’ compensation system, making it the only state where private employers have this choice. These employers are known as non-subscribers. While opting out can save employers money, it exposes them to more legal risks.
At the Hollingsworth Law Firm, our Houston personal injury attorneys know this also means employees may face a more complex path to recover compensation after a workplace injury. However, they still have options. Here, our personal injury lawyers in Harris County explain how injured workers can file a claim against a non-subscriber employer.
Proving Employer Negligence in Non-Subscriber Claims
When they opt out of workers’ compensation coverage, non-subscribers lose significant legal protections, including immunity from lawsuits. If an employer does not carry workers’ compensation, an injured employee can file a personal injury lawsuit directly against the employer, which is generally prohibited when an employer is a subscriber.
Employees need not prove fault in a traditional workers’ compensation claim to receive benefits. However, in a claim against a non-subscriber employer, the injured worker must prove the employer’s negligence caused the injury. This process can be challenging, as it requires gathering evidence, witness testimony, and often expert analysis to demonstrate that the employer’s unsafe actions or environment led to the injury.
Common examples of employer negligence include:
- Failing to provide proper safety equipment.
- Inadequate employee training.
- Not adhering to safety regulations or standards.
- Hazardous work conditions, such as faulty machinery or unsafe premises.
- Lack of supervision.
Successfully pursuing a claim against a non-subscriber employer requires a thorough understanding of Texas personal injury law, meticulous evidence collection, and skilled negotiation or litigation skills. Because non-subscriber employers often have aggressive defense strategies, injured workers need a legal advocate to help them prove the employer’s negligence and recover the compensation they deserve. We can help, starting with a free consultation.
What Type of Damages Can Employees Pursue from a Personal Injury Claim Against Their Texas Employer?
In a personal injury claim against a non-subscriber employer, injured workers can recover more damages than they would through a workers’ compensation claim.
These damages may include:
- Medical expenses: Both current and future medical costs, including surgeries, rehabilitation, and ongoing treatment.
- Lost wages: Compensation for income lost due to the inability to work while recovering from injuries.
- Pain and suffering: Non-economic damages to compensate for physical and emotional suffering caused by the injury.
- Disfigurement and disability: Compensation for permanent physical impairment or disfigurement resulting from the injury.
- Punitive damages: In cases of gross negligence, the court may award punitive damages to punish the employer and deter similar conduct.
Filing a personal injury claim against a non-subscriber employer in Texas is a complex but viable option for injured workers. By understanding the legal process, proving negligence, and seeking the proper legal representation, employees can recover compensation for their injuries. We can help.
Contact Our Dedicated Houston Personal Injury Lawyer Today
Contact our dedicated Houston personal injury attorneys at the Hollingsworth Law Firm today for a free case evaluation. Call 713-637-4560 or contact us online.
Our skilled bilingual personal injury lawyers and support staff represent clients throughout Texas on a contingency basis, so you never pay any legal fees unless we win your case.
If you are ready to fight for the compensation you deserve, so are we. Let us take the lead.
