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What Are Texas Non-Subscriber Employer Laws?
Texas laws allow employers to opt out of having workers’ compensation insurance for their employees. If they do, they become non-subscriber employers but are still responsible for employees’ injuries caused, at least in part, by the employer’s negligence.
Personal injury lawyers in Brazoria County say it’s essential to understand what the law says about non-subscriber employers and what happens if you get injured while working for a non-subscriber employer. Working closely with skilled legal experts is also advisable to help protect your rights and ensure you get the compensation you deserve.
Subscriber and Non-Subscriber Duties Under Texas Laws
Under the Texas Occupational Safety and Health Act (TOSHA), subscriber and non-subscriber employers must ensure their employees have a safe and hazard-free workplace. Workers’ compensation attorneys in Pearland add that employers must:
- Provide all workers with safety training and ensure they adhere to safe work practices
- Put measures in place to prevent future workplace incidents and injuries
- Promptly analyze workplace accidents and injuries when they happen
Can I Pursue Legal Action If My Employer is a Non-Subscriber?
The workers’ compensation system allows sick and injured employees to file a claim with their employer’s insurer. The compensation covers injury-related medical expenses and lost wages regardless of who caused the accident. An employee can’t sue their employer for damages in return for the benefits.
A non-subscriber company loses out on these protections and opens itself up to employee lawsuits in case of workplace-related injuries. Pearland workers’ compensation lawyers say you can sue your non-subscriber employer for damages if you got injured due to the company’s negligence.
You can file a personal injury lawsuit against your employer if their negligence contributed to your injuries. In such a case, you can recover additional damages, such as pain and suffering, typically unavailable under workers’ compensation claims. Working closely with skilled lawyers is advisable to protect your right to a fair settlement.
What is the Deadline for Filing a Compensation Claim Against a Non-Subscriber Employer?
Workers’ compensation laws in Texas stipulate a timeframe within which employees injured while at work should file a claim. Failure to sue within the deadline dramatically minimizes the likelihood of recovering compensation. There are different statutes of limitations, depending on the type of claim you want to pursue.
Workers’ compensation attorneys in Pearland highlight the following timeframes for employees injured while working for non-subscriber employers:
- Two-year rule: Employees generally have two years from the date of the injury to file a compensation claim. An exception to the rule may apply if your employer actively conceals information about the affliction or prevents you from filing, temporarily pausing the deadline.
- Discovery rule: You may not realize you have an injury immediately after a workplace injury until later, when it worsens. In such a situation, you have two years from the date you discover the injury or when you should have reasonably discovered it to file a compensation claim.
Skilled personal injury attorneys in Brazoria County can work with you to ensure you file the lawsuit within the stipulated deadline. They can also help you gather the relevant evidence to prove your case.
Should I Sign Any Documents from My Non-Subscriber Employer After a Work-Related Injury?
Your employer may conduct a brief investigation following a work injury and ask you to complete an injury report. If you write the statement in your handwriting, there is no reason not to sign the document when asked. On the other hand, if the report is not in your writing or you don’t understand what you are signing, you should not sign.
If you sign a document you didn’t create or write, your employer could later argue that you knew and understood what was on the document and agreed to adopt the version of the facts written by someone else. If part of the report absolves your employer of any responsibility for your injuries, you may not obtain compensation.
How Can I Prove My Employer’s Negligence When Filing a Lawsuit?
Proving your employer’s negligence is one of the prerequisites when filing a compensation claim against a non-subscriber employer. You must gather substantial evidence to demonstrate the extent of your injuries and show the employer’s responsibility for the hazard that caused the accident.
The evidence you produce must show a direct relationship between your injuries and the unsafe work environment. The burden of proof lies with you to show how your non-subscriber employer was negligent. The process entails demonstrating the following elements:
- Your employer owed you a duty of care to provide a safe working environment
- Your employer’s actions or inaction breached this duty of care
- The breach of duty directly led to an accident that caused your injuries
- You sustained injuries for which the employer owes you compensation
Proving these elements can be complicated, as there are many intricacies involved. Retaining the skills of knowledgeable workers’ compensation lawyers in Brazoria County would be in your best interest to help you fight for your rights.
An Experienced Personal Injury Attorney Helping You Obtain Compensation from a Non-Subscriber Employer
Obtaining compensation from an employer who doesn’t carry workers’ compensation insurance can be challenging. You must prove the employer’s negligence, which is often not the case when seeking compensation from subscriber employers. Skilled personal injury attorneys in Pearland can work on your case to enhance the likelihood of a favorable outcome.
The legal team at the Kahn Law Firm, P.C., can investigate your case based on a comprehensive understanding of non-subscriber employer law. We have helped many employees injured at the workplace obtain millions of dollars in compensation, and we can do the same for you. Call us at 713-999-6549 for a FREE consultation.
