In Texas, not all employers are required to carry workers’ compensation insurance. Employers that choose not to provide this coverage are known as “non-subscribers,” and their decision to opt out of providing workers’ compensation can leave injured workers in a difficult position. If you have been injured while working for a non-subscriber employer, you may not have access to the same benefits as those who work for subscribed employers, but you still have legal options.
Understanding your rights after a non-subscriber work injury is crucial. Unlike workers’ compensation, non-subscriber claims allow injured employees to file a personal injury lawsuit against their employer, potentially securing higher compensation for their injuries. If you are facing this situation, it’s important to consult with a work injury lawyer with Goldenzweig Law Group, PLLC to ensure your rights are fully protected.
What Are Non-Subscriber Employers?
In Texas, employers have the choice to either subscribe to the state’s workers’ compensation system or opt out. When an employer decides not to carry workers’ compensation insurance, they are considered a non-subscriber. This decision affects both the employer and the employee in significant ways.
A non-subscriber employer does not provide the standard workers’ compensation benefits that most employees are entitled to under the law. Instead, they are essentially exempt from the requirement to cover medical expenses, lost wages, and other benefits typically available through workers’ compensation claims. While this may seem like a disadvantage for employees, non-subscriber employees still have legal recourse if they are injured on the job.
Unlike a workers’ compensation claim, which provides benefits regardless of fault, employees injured by non-subscriber employers can pursue a personal injury lawsuit. This allows them to seek compensation for medical bills, pain and suffering, and other damages that may exceed what workers’ compensation would cover.
Common Types of Non-Subscriber Work Injury Cases
Non-subscriber work injury cases can arise from a variety of incidents in the workplace, and they differ significantly from traditional workers’ compensation claims. While workers’ compensation is a no-fault system, non-subscriber lawsuits are based on the idea of negligence. This means that the injured worker must prove that their employer was at fault for the injury in order to secure compensation. Here are some of the most common types of non-subscriber work injury cases:
- Workplace Slip and Fall Accidents
Slip and fall accidents are one of the most common causes of workplace injuries, especially in environments where floors can be slippery or uneven. These accidents may occur due to unaddressed hazards like wet floors, improperly maintained walkways, or poorly designed workspaces. In a non-subscriber case, you would need to prove that the employer failed to provide a safe work environment or ignored safety standards, leading to your injury.
- Machinery and Equipment Malfunctions
If faulty or poorly maintained machinery or equipment causes your injury, this could be grounds for a non-subscriber work injury lawsuit. Whether it’s a construction site, factory, or warehouse, employers are required by the Occupational Safety and Health Administration (OSHA) to ensure that all equipment is safe to use and properly maintained. Injuries caused by defective machinery can be devastating, and you may be able to pursue a claim if the employer’s negligence contributed to the malfunction.
- Repetitive Motion Injuries
Repetitive motion injuries, like carpal tunnel syndrome, tendonitis, and other musculoskeletal conditions, are common in jobs that require continuous movement of certain body parts. If your employer did not make reasonable accommodations to prevent these injuries or failed to provide proper equipment, you could have a valid non-subscriber case. This type of injury often requires medical evidence to show that the employer’s lack of preventive measures was the cause.
Get Help From a Skilled Texas Work Injury Lawyer at Goldenzweig Law Group Today
When a workplace injury happens under a non-subscriber employer, understanding your rights and exploring your options can make all the difference. At Goldenzweig Law Group, PLLC, your experienced Texas work injury lawyer is ready to fight for the compensation and justice you deserve.
Schedule a free consultation today to discuss your case and learn how we can support you through this challenging time. Call our office or complete our secure online form to get started now.
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