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Non-Subscriber Employer Work Injuries

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Being injured at work brings a host of issues you must deal with in the aftermath. In most states—and in some cases, in Texas—you will file a workers’ compensation claim to recoup your medical expenses and get paid for a portion of your wages. Texas does not require private employers to carry workers’ comp insurance (with a few exceptions). If you are injured at work, you may be required to follow a different process to secure financial compensation for your injuries and lost wages. A Texas employer without workers’ comp insurance is known as a “non-subscriber.” If you are injured at your place of work and your employer does not carry workers’ compensation, you could benefit from speaking to a Hurst non-subscriber work injury attorney. 

At Noteboom—The Law Firm, our attorneys can help you file a claim against an employer whose negligence caused your accident and subsequent injuries. In some cases, you could also have a third-party claim if your accident was the result of negligence by a subcontractor or other individual not directly employed by your employer. Our highly-skilled workplace injury attorneys can help you get the compensation you need and deserve. You may be entitled to:

  • Medical expense reimbursement, plus payment of future medical expenses—these medical expenses can include hospital expenses, costs associated with surgical procedures, rehabilitative therapies, prescription drugs, the cost of meals, motels, and gas for medical treatment that is farther away, assistive devices, and any necessary home care. 
  • Loss of income and loss of future earnings—you are entitled to lost wages directly related to your workplace injury. If you are unable to return to work for months, years, or ever, you could be entitled to loss of future earnings. 
  • Payment for a permanent disability, scarring, or disfigurement—If your workplace injury caused a partial or full disability or scarring or disfigurement that causes you embarrassment or makes it impossible for you to leave your home, you are entitled to compensation. 
  • Pain and suffering, mental anguish, emotional distress, or loss of enjoyment of life—Physical pain that is chronic and stems from your workplace injury, as well as such things as depression, anxiety, and the inability to do the things you once enjoyed are compensable injuries. 
  • Payment for personal care expenses—If you must have help at home due to your injuries, you can claim these expenses as well. Perhaps you now have to have a housekeeper come in weekly, or you have to have someone cook your meals because you are unable to do so. These are compensable injuries. 
  • Payment for other out-of-pocket expenses or financial losses related to your workplace injury. 

What Will Happen At My Trial For My Workplace Injury?

What is a Non-Subscriber in Texas Workers’ Compensation?

In most states, legislation mandates that employers must carry workers’ compensation insurance in case an employee is injured while on the job. Texas law allows employers to opt out of workers’ compensation, designating themselves as a non-subscriber. Texas employers who choose to be non-subscribers are responsible for setting their own injury compensation standards and may opt out of WC due to the high cost. In some cases, a company may choose to be a non-subscriber in order to offer improved care and safety standards by using their WC savings. If a non-subscriber’s negligence is the cause of the accident and injuries, the employee may file a lawsuit against his or her employer. 

Workers’ Compensation When Your Employer is a Non-Subscriber

Non-subscribers lose important legal protections, including immunity from most lawsuits by injured employees. This means a company can be forced to pay high damage awards if the injured employee can prove the employer was even 1 percent negligent, thus responsible for the accident. Employers that have workers’ compensation cannot be sued in the event of a workplace accident with injuries. 

Non-subscribers are required to report they elect not to carry WC insurance to the Division of Workers’ Compensation each year by submitting Form-005. A non-subscriber with five or more employees is required to report each work-related fatality, injury, or occupational disease that results in more than one day of lost work. Employers may not misrepresent any alternative coverage to their employees as a substitute for workers’ compensation.   

How Can You Get Compensation When Your Employer is a Non-Subscriber?

Hurst employers that opt out of workers’ compensation are open to employee lawsuits in the event of a workplace accident. If the employer’s negligence is responsible for the accident and injuries, the employee can file a civil suit for damages. The injuries could have resulted from a dangerous condition at the workplace or even something another employee did. No matter the cause, if your employer is a non-subscriber and workplace negligence is the cause of your injuries, suing your employer may be the only way you can recoup your losses.   

How Can a Hurst Non-Subscriber Work Injury Attorney Help?

Suing a non-subscriber employer in the state of Texas following can be even more complex than bringing a personal injury lawsuit. Because of this, it is imperative that you have an experienced non-subscriber work injury attorney helping you through this difficult time. Your attorney will know how to prove your employer failed to provide a safe workplace, whether due to dangerous conditions, a failure to properly train employees, a lack of adequate manpower, or a failure to provide safe work tools or machinery. Your attorney will comprehensively analyze the facts and circumstances surrounding your non-subscriber work injury, helping you obtain the compensation you are entitled to receive. Most importantly, your non-subscriber work injury attorney will ensure your legal rights are properly protected from start to finish. 

Why You Should Speak to a Hurst Non-Subscriber Work Injury Attorney from Noteboom—The Law Firm

Having a non-subscriber work injury attorney from Noteboom—The Law Firm can make a significant difference in the outcome of your claim. Our workplace injury legal team has extensive experience handling on-the-job injuries. Once retained, we will immediately notify all parties of our involvement, relieving you of the stress of communicating with your employer and/or his or her insurance company. If your claim reaches the litigation stage, we will use the discovery process to gather all evidence related to your workplace injury. 

Our in-house private investigator will interview witnesses and investigate the circumstances surrounding your incident. We have a long track record of success in complex workplace injury claims. Noteboom—The Law Firm has an excellent reputation across the state of Texas, leading to a strong belief in our abilities to help our clients achieve the best outcome. This belief is why we tell our potential clients, “If you can find a better law firm, hire them.” Contact Noteboom—The Law Firm today.  

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