Rights of an Injured Worker In a Texas Non-Subscriber On-The-Job Injury Case: When an employer opts out of a Texas workers' compensation plan, they are known as a "non-subscriber." When an employer who works for such an employer is injured, they have what is called a "non-subscriber case." A non-subscriber case is completely different than...
Some employers fake having workers' comp coverage. Texas law allows companies to either opt-into or out of workers' comp coverage. Companies that opt-in only have to pay injured workers the bare minimum and can never be sued. Companies that opt-out of workers' comp coverage are called non-subscribers and they can be sued for great sums...
What compensation can I recover in my Non-Subscriber work injury case under Texas law? When you've been in a work injury, your next logical step is to find out if your employer has workers' compensation coverage or not. When they do not have this coverage, since they can opt out in Texas, your employer then...
When is the right time to file a non-subscriber lawsuit? For many clients and prospective clients, we recommend not suing their non-subscriber employer following a work injury. Often times it's unnecessary, and many employers who are non-subscribers will pay fair compensation to their workers, even the law doesn't require them to do so proactively. But...
Prohibited Defenses for Non-Subscribers Under Texas Law: When an employer opts into workers' comp coverage, they are (mostly) immune from work injury lawsuits. But when an employer opts out, injured workers can sue them by showing that the employer's negligence was the cause of their injuries. Employers who opt out are called "non-subscribers." Therefore, an...
Defenses That Non-Subscriber Employers Can Use Against Injured Workers Under Texas Law: In its 25 year history, our firm has represented perhaps hundreds of injured Texans whose employers were non-subscribers to Texas workers' compensation coverage. One thing we have learned in that time is that not many attorneys (on either side of the litigation) fully...
How on-the-job negligence works in a Texas non-subscriber case: In a Texas non-subscriber case, you are able to sue your employer for injuries sustained, but your employer is not liable by default just because you were hurt on the job. In order to win a work injury case against your employer you must show that...
Proving Injuries in a Non-Subscriber Work Injury Case If you were injured on the job and your employer does not subscribe to a Texas workers' compensation plan, you have what lawyers refer to as a "non-subscriber work injury case." Unlike a workers' compensation case where you must file an administrative claim for benefits through a...
Under Texas work injury law, employees and independent contractors have very different rights. In this article, we're going to discuss the difference between the right to sue that an independent contractor has when they are hurt on the job and the right to sue that a bona fide employee has when they are hurt on...