When companies do subscribe to workers’ compensation insurance, and an employee is hurt during their employment, their coverage puts a limit — that is set by Texas laws — on the amount and type of compensation that an injured employee may receive.
However, according to the Texas Workforce Commission, when an employer is a non-subscriber — meaning it does not carry workers’ compensation insurance — it leaves an employer open to personal injury lawsuits from employees who are injured on the job.
What is more, the damages and attorney’s fees available in these cases are almost unlimited, and certain defenses available in most personal injury lawsuits, like the assumption of the risk, contributory negligence, or coworker negligence, are not available to a non-subscriber in a work-related injury case.
Texas law requires employers to notify each new employee of their workers’ compensation status, including whether they carry coverage or non-coverage. This fact must also be presented through posted notices throughout the workplace.
Each new hire must also be informed that he or she has five days from the date of their employment to elect to waive their right to workers’ compensation benefits — which includes medical care coverage or income benefits — and retain their common-law right to sue the employer for a work-related injury.
If an employer discontinues its workers’ compensation coverage, it must inform employees and the Workers’ Compensation Division of the Texas Department of Insurance as soon as possible
There should never be a question as to whether your employer has workers’ compensation coverage. If it does not, or you have waived your right to coverage and were hurt at work, we can help you pursue the best outcome for your unique case.
If you have been injured at work and your employer does not subscribe to workers’ compensation coverage, contact our dedicated Houston personal injury lawyers at the Hollingsworth Law Firm today by calling 713-637-4560 or contact us online for a free case evaluation.
Our skilled bilingual personal injury lawyers and support staff represent clients throughout the state of 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.
Our aggressive personal injury trial attorneys at the Hollingsworth Law Firm are committed to fighting for the compensation you deserve. If you are the victim of an automobile accident, airplane accident, workplace injury or other catastrophic injury, you need legal advice from a personal injury attorney with proven results you can trust. Our dedicated legal team is proud to represent clients across the state of Texas. WE WILL START FIGHTING FOR YOUR RIGHTS TODAY!