What If My Employer Doesn’t Have Workers’ Compensation?

Texas is unique in many ways. It’s the only state to have six different flags flown over it. It is served by its own electricity grid. And prior to entering the union, it was the first in the nation to offer a homestead exemption.

But the Lone Star State is distinctive in another way as well: workers’ compensation laws. Texas is the only state in the U.S. where businesses are not required to become part of a workers’ compensation program. If a company chooses, it can opt out of the state’s plan and become what is known as a “non-subscriber.”

Workers Compensation “Non-Subscriber”

In order to become a non-subscriber, Texas businesses must fulfill certain requirements. They must file a notice with the Texas Department of Insurance every year stating that they are opting out of the workers’ compensation program. They must notify every new employee in writing that they do not offer coverage. And they must post notices in the human relations office and throughout the workplace stating that the company is a non-subscriber.

Companies who do not provide coverage save money each month by not having to pay premiums for this type of insurance. However, their non-subscriber status prevents them from certain protections that are offered by the Texas workers’ compensation program, such as:

automatic payment of attorneys fees that result from workers’ compensation litigation
the common law defense that an injury was caused by the victim’s negligence
the common law defense that an injury was caused by the negligence of other employees
the common law defense that a victim was aware of the dangers and voluntarily accepted the risk
a ban on punitive damages resulting from a lawsuit

What does all of this mean for an injured worker?

Basically, any employee injury would be treated much like an injury suffered by a customer or other person on company premises. In other words, the injured party should retain a work injury attorney in order to pursue compensation, such as lost wages from missed time at work, reimbursement of medical expenses related to the injury, and possibly monetary damages for mental anguish, pain and suffering, and reduced quality of life. Unlike workers’ comp claims, medical expenses and unpaid wages in non-subscriber cases are not capped at an amount determined by state law – meaning there is no limit as to how much money a injured party might be able to recover.

If you are hurt on the job and your employer does not offer workers’ compensation, it is possible to try and reach an agreement with the company over how much money you need to cover medical expenses and/or unearned wages. If a satisfactory arrangement cannot be reached, or if the employer refuses to cooperate with you altogether, then it is strongly recommended that you engage the services of a an injury attorney who can help you file a lawsuit to receive the monetary damages to which you are entitled.

We Can Help

Whether your employer is a subscriber or not, the Ramos Law Office can review your case, negotiate with your employer, and/or advocate for your rights in a work injury lawsuit if necessary – and you don’t have to pay unless you win your case. For more information, contact our office today.

Texas Workers’ Compensation: A Non-Subscriber State

Unlike most states, Texas does not require employers to carry workers’ compensation insurance. This makes Texas unique as a non-subscriber state. According to the Texas Department of Insurance, roughly one in five Texas employers chooses not to carry workers’ compensation coverage. This means hundreds of thousands of Texas workers may have no workers’ compensation protection if they are injured on the job.

When your employer is a non-subscriber, you lose access to the workers’ compensation system, but you gain something important: the right to file a personal injury lawsuit directly against your employer.

Your Rights When Your Employer Has No Insurance

If your employer does not carry workers’ compensation insurance and you are injured at work, you have the right to file a negligence lawsuit against your employer. Non-subscribing employers lose several important legal protections that the workers’ compensation system normally provides, including:

They cannot use the defense of contributory negligence to completely bar your claim
They cannot argue that a fellow employee’s negligence caused your injury
They cannot claim that you assumed the risk of injury by doing your job

This means that in many cases, injured workers actually have a stronger legal position against non-subscribing employers than they would under the workers’ compensation system.

What Compensation Can You Recover?

Through a personal injury lawsuit against a non-subscribing employer, you may be able to recover significantly more compensation than workers’ compensation benefits typically provide. Available damages include:

All past and future medical expenses related to the injury
Lost wages and loss of future earning capacity
Pain and suffering
Mental anguish and emotional distress
Physical impairment and disfigurement
Loss of enjoyment of life

Unlike workers’ compensation claims, which limit the types of benefits available, a personal injury lawsuit allows you to pursue full and fair compensation for all of your damages.

Steps to Take After a Workplace Injury

If you have been injured at work and your employer does not have workers’ compensation insurance, there are important steps you should take immediately:

Report the injury to your employer in writing as soon as possible
Seek medical treatment right away and tell the doctor the injury happened at work
Document the accident scene with photographs if possible
Gather contact information from any witnesses
Keep copies of all medical records and bills
Do not sign any documents or give recorded statements to your employer’s insurance company
Contact an experienced work injury attorney as soon as possible

How Our Attorneys Fight for Injured Workers

At the Law Offices of Ronald A. Ramos, P.C., we have extensive experience handling claims against non-subscribing employers in San Antonio and throughout Texas. We investigate the circumstances of your injury, identify all liable parties, and build a strong case to pursue maximum compensation on your behalf.

Our attorneys understand the complexities of Texas employment law and know how to hold employers accountable when they choose not to provide workers’ compensation coverage. Contact us today for a free consultation to discuss your workplace injury claim.