This is the next post in our series on the handling of Fort Worth, Texas workplace injuries. Our last article provided an overview of topics which this series will be addressing and stressed the need to speak with a personal injury attorney if you have been injured through no fault of your own. It is important that you speak with counsel immediately in order to maximize your potential recovery. In this article we will explain the handling of matters involving “non-subscriber” injuries. If you have been hurt on the job then it is best to speak with a lawyer.
Texas is different from many other states in that employers are not required to participate in the worker’s compensation system. Companies may choose to consider themselves a “non-suscriber” to worker’s comp and, as a result, such employers may be sued by those who have been injured on the job or heirs of those who were killed in workplace accident. It is important to understand that an employer will not be automatically liable simply because someone was injured on the job. Non-subscribing employers will be responsible for the injuries of a worker when the company failed to follow reasonable standards which would have kept the workplace safe and prevented the accident. Whether an employer was following “reasonable standards” will depend on the specifics of a given industry and each case will be fact specific.
Say, for example, that a construction worker was injured early in the morning when they fell on the job site. Now say that it was normally dark during the hours at which the employee fell and the company did not provide adequate lighting on the job site. Under such circumstances the company would likely be liable for the injury and, if it is a common industry practice to employ lighting, then liability would be even more likely. Now suppose that evidence shows that the fall was caused by something other than the lighting and that cause was something beyond the company’s control. Under such circumstances it would likely be found that the employer was not at fault for the accident and the employee would likely not recover for their injuries.
Non-subscriber cases are handled in the same way as other personal injury matters. This means that a Plaintiff will have to deal with issues such as Texas’ comparative fault laws, our state’s statute of limitations, and the process of going through a jury trial if the case does not settle. When selecting an attorney to assist you it is important that you retain experienced counsel who has handled such cases. It is also important that you retain a firm with the resources necessary to deal with large defendants. Those who have suffered such injuries should contact a lawyer immediately regardless of whether they were injured in Texas counties including Tarrant, Dallas, Johnson, and Wise counties as well as the cities of Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, Grand Prairie, Dallas, and Fort Worth.