You may not be aware of the fact that Texas is one of the only states in the country that allows companies to opt-out of the state-run workers’ compensation system. In Texas, companies can choose to opt-out of the workers’ compensation program and become a ‘nonsubscriber’. This Texas quirk recently made it way into the national news when NPR recorded a story about companies opting out of workers’ compensation. There are very important differences between companies that are part of the state’s workers’ compensation system and companies that are non-subscribers. You should always be aware of your employer’s status and if you have any questions, please contact an experienced San Antonio work injury attorney.

What is Non-Subscriber Employer Status?

non-subscribing Texas company can not merely do whatever it wants. There are certain requirements a business must meet to legally opt-out of the state’s workers’ compensation system. They must clearly notify the state of Texas and new employees that they will not be participating in the workers’ compensation system. This can save the company some money, but it can also cost the company some of the benefits of the system. It is important to note that employers that choose not to carry workers’ compensation coverage can still be held liable for their employee’s on-the-job injuries.

What Does Non-Subscriber Status Mean for the Worker?

If your employer does not carry workers’ compensation insurance, you will need to recover compensation for your workplace injury through a personal injury lawsuit or a personal injury settlement. This increases the importance of hiring a qualified work injury attorney as soon as possible after the accident. One difference between workers’ compensation and recovering damages from a non-subscribing employer is that the Texas workers’ compensation recovery limits no longer apply. If you are injured on the job in Texas, there are limits to how much compensation you can recover through workers’ compensation. But, because recovery against non-subscribing employers works much like a standard personal injury lawsuit, these compensation limits are no longer a factor. You may be able to reach a fair settlement with your non-subscribing employer after an injury, but never try to settle on your own. Employers are notorious for trying to push workers towards downplaying their injuries. A Texas employer can make a business decision to forgo workers’ compensation insurance, but when you are injured on the job it is your legal right to recover the full and fair compensation you deserve. This is true regardless of the employer’s status.

Contact An Experienced San Antonio Work Injury Attorney

Employees that work at Texas companies that do not carry workers’ compensation insurance still have legal protections and legal options. Whether or not your employer subscribes to the state’s workers’ compensation system if you are injured on the job you should retain the professional services of an experienced work injury attorney. At the Law Office of Ronald A. Ramos, we are committed to protecting the rights of all Texas workers. Contact our office today for a no-cost case evaluation.