What Is the Open and Obvious Hazard Defense in Non-Subscriber Work Injury Cases?
Of all U.S. states, Texas is unique in that it allows employers not to participate in the state workers' compensation program. However, opting out of workers' comp opens those non-subscribers up to direct lawsuits from their injured workers. Naturally, companies that find themselves involved in such a lawsuit will make use of any available defenses....
Why is Texas the Only State Where Injured Workers Can Sue Their Employer?
For the most part, every state in America other than Texas has eliminated work injury lawsuits. The way they did this was by forcing employers within their borders to participate in a workers' compensation program. Said programs all follow the same formula: the employer gets immunity from a lawsuit, the injured worker loses the right...
What Are My Rights if My Employer Is a Non-Subscriber?
If you've been hurt on the job in Texas, one of two things usually happens: you have the right to receive automatic benefits if your employer participates in the workers' compensation program, or your employer is a non-subscriber to workers' comp and you don't have that right. If you find yourself in the latter position,...
How Do I Find Out if My Employer Has Workers’ Comp or if They’re a Non-Subscriber?
Most workers in Texas are surprised to learn that employers do not have to participate in the workers' compensation program. About 25% of the companies in Texas actually opt-out of workers comp; we call these companies non-subscribers. This means that if you are injured on the job, you can't assume you will receive workers compensation...
What Are My Rights if My Employer Does Not Have Workers’ Comp. in Texas?
Texas is unique; employers in Texas can choose NOT to participate in the workers' compensation program. When a company opts out of providing workers' comp. coverage, injured workers do not receive automatic benefits like they would if the company did participate in the workers' comp. program. This raises the question, "If I am injured on...
Non-Subscriber
What Types of damages Can You Recover in a Work Injury Case?
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 Should I File a Non-Subscriber Injury Lawsuit in Texas?
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...
What Defenses Are Not Allowed in a Texas Non-Subscriber Work Injury Case?
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...
What Are the Defenses Used by Non-Subscribers in Work Injury Cases?
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 Does Negligence Work in Texas Non-Subscriber Work Injury Cases?
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...
How Do You Prove Your Injuries in Non-Subscriber Work Accident Cases?
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...
How Do You Determine if an Employee is Considered an Independent Contractor in a Work Injury Case in Texas?
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...
Are You Required to See a Company Doctor for a Work Injury in Texas?
If your employer is a non-subscriber to Texas Worker's Compensation, you can see any doctor you'd like for your work injury. But there's a catch. After any work accident, the main thing most workers are focused on is obtaining medical attention and any other treatment that will get them back on their feet. Naturally, most...
How Does Classification As an Employee Vs. a Contractor Impact a Non-Subscriber Case?
I can't tell you how many times I've gotten calls from injured workers (whose employers are non-subscriber to workers' comp) who tell me that their bosses are denying any compensation because they're "independent contractors." In this blogpost, I'm going to break down exactly what an independent contractor actually is in the eyes of the law,...
In a Non-Subscriber Case Do I Sue My Boss, the Company, or Both?
We got a non-subscriber work injury call from a Lubbock resident who'd been hurt pretty badly while working for a sizable company. While we won't get into any details, of course, his question was more or less this: "I want to file a lawsuit to recover money for my hospital bills and anything else I'm...
How Do Work Injury Lawsuits Against Walmart Work?
If you are a Walmart employee who was injured on the job, or if you are the loved one of a Walmart employee who was killed on the job, then Texas law gives you the right to sue Walmart. But the important question is: Should you sue Walmart? It depends. If you have minor injuries,...
What to Do When You’re Injured on the Job with No Workers’ Compensation
Most workers understand that if they are injured at work, their employer’s workers’ compensation insurance company should pay for the medical bills and any wage loss. But this may not be the case in Texas. Does Texas Require Workers' Compensation? In most states, all employers have to carry workers’ comp insurance. But does Texas require...
If I’m Injured on the Job, Can My Boss Fire Me?
I got a call from the victim of a workplace accident in Houston. She was pretty banged up after the incident, and she hadn't gone back to work yet. Her question to me was a common one: "My employer didn't have workers' comp [meaning they're a non-subscriber]. Can I get fired just because I was...
What If I Have Prior Injuries at the Time I’m Injured at Work?
Many of us have been injured or have some health condition. Maybe you were hurt playing sports in high school, or have had diabetes for most of your life. Oftentimes, clients who've been hurt in workplace accidents are concerned that their employer will claim that, because their complaints are the result of a pre-existing condition,...