Does my employer have workers' compensation coverage or are they a non-subscriber?
The most important thing to determine after your work injury is if your employer has workers' compensation coverage or not. It's important to determine this because if they do have workers' comp, you have one particular set of rights. If they opt out of WC coverage, you have a completely different set of rights.
In this article, we'll explain how you can determine if the employer has workers' compensation coverage or if they are a non-subscriber.
Questions answered on this page:
- How can you find out if your employer has worker compensation coverage?
- What are workers compensation benefits versus non-subscriber rights?
- How do I know if I have a workers'comp case or a non-subscriber case?
- How can a lawyer help me with my workplace injury?
Step to Determine if Your Employer Has Workers' Compensation
If you are unsure if your employer has workers' compensation, there are several way you can determine if they have it or not. Below are the various ways of finding the answer:
- Check with your employer's HR department- This is one of the reasons why that department exists: to help employees know what resources the employer has to offer. So, just as you'd go to them to find out about signing up for direct deposit, you'd go to figure out if your employer is a subscriber. We will stress that sometimes HR doesn't know themselves. They might be ill-informed, or they might even lie to you. Why would they lie to you? Well, if you believe they have WC coverage, then you won't try to sue them for compensation.
- Check the Texas Department of Insurance--Division of Workers' Compensation website- This division has a super handy website that is pretty user-friendly called the Employer Workers' Compensation Coverage Verification. Click here to be taken directly to the site. Type in your employer's information into the website and it will tell you whether or not they subscribe to workers' comp coverage.
- Still unsure? Call Grossman Law Offices for help- If you're wary about getting the answers from someone that doesn't know workers' compensation law, then call us.
Workers' Compensation Benefits Vs. Non-Subscriber Rights
When your employer does have workers' compensation coverage, that means that if you're injured you're eligible to receive up to four types of guaranteed benefits, based on certain criteria and requirements. Those are Medical, Income, Death, and Funeral Benefits. These are supposed to be automatic, however that is not always the case, and obviously Death and Funeral Benefits are only applicable if a worker was killed on the job.
If your employer does not have workers' compensation coverage, they are considered a non-subscriber, so there are no guaranteed benefits. The only way to get compensation for your injuries is to file suit against your employer for negligence. That's where we come in. We've helped hundreds of people win their work injury cases, getting them compensation they need to recover. To learn more about how non-subscriber cases work, Click Here.
Grossman Law Offices Can Help You Understand Your Workplace Injury Case
Even if you don't hire us, we like to share the knowledge we've gathered over the past 25 years. Our experienced lawyers at Grossman Law Offices, based in Dallas, TX, are willing to chat, explaining it all to you. If anything, it's a second opinion that is employee focused, different from your HR department that's employer focused. Give us a call anytime, day or night, at (855)326-0000.
Related Articles for Further Reading:
- An Overview of Workers Compensation Benefits
- What Rights Does Workers' Compensation Afford Injured Workers?
- What Is the Difference Between an Employer who Subscribes to Workers' Comp and One who Opts Out