Beaumont Non-Subscriber Accident Lawyer

In most states, employees injured at work can file claims with the state’s Workers’ Compensation Board. In Texas, companies do not have to participate in the Workers’ Compensation program. They can opt to carry private insurance or be self-insured.

Rather than filing a claim with Workers’ Compensation, employees who suffer a work-related injury must negotiate or sue their non-subscriber employers for compensation. Whether employees negotiate with their employer or an insurance company, they should consult a Beaumont non-subscriber accident lawyer to protect their rights.

How to File a Claim Against a Non-Subscriber

Employees who suffer injuries while working for a non-subscriber must negotiate with the company or insurance carrier or file a personal injury claim. Given the complexity of personal injury law, employees in Beaumont should contact a non-subscriber accident lawyer to discuss their options.

Who is at Fault?

Workers’ Compensation programs are no-fault, meaning injured employees do not have to establish negligence to receive benefits. However, non-subscriber lawsuits must show employer negligence without using the following in preparing a defense:

• Employers cannot claim another employee is at fault for an injury.
• Attorneys cannot claim the employee assumed a risk of injury when taking the job.
• Employers cannot claim contributory negligence, meaning the employee was partially to blame for the injury.

Employees can be deemed at fault if they were found to be under the influence of drugs or alcohol or intentionally harmed themselves.

What Evidence Is Needed to Support a Non-Subscriber Claim?

Injured employees must support their monetary claims with evidence. This can take many forms, but the most common types of evidence can include the following:

• Medical records, including information on injuries, treatment, and diagnoses
• Witness statements to provide supporting details
• Official investigative accident reports
• Visual evidence of injuries or the accident, including photos or video
• Pay stubs that show lost income
• Correspondence that provides information about injuries and treatment
• An injury diary that documents the victim’s condition after the accident, during treatment, and recovery

With documented proof of an injury and its consequences for the victim’s quality of life, a Beaumont non-subscriber accident lawyer can pursue the best possible outcome.

What is the Statute of Limitations?

In most cases, employees have one year to file a claim, but they must notify their employer of a possible claim within 30 days of the incident. Exceptions to the statute are available, and a non-subscriber attorney can help determine if they apply.

What About Damages?

Non-subscriber injury cases may allow for economic, non-economic, and punitive damages, in the form of monetary compensation.

• Economic damages include medical expenses, loss of income, and out-of-pocket expenses.
• Non-economic damages such as loss of quality of life or pain and suffering can make up part of compensation.
• Employees may seek punitive damages if an accident was caused by willful neglect.

An experienced law firm such as Schechter, Shaffer & Harris can help injured employees pursue their right to financial security when workers’ compensation is not an option for them.

Consult a Beaumont Non-Subscriber Accident Attorney for More

Before filing a claim, an injured employee must determine if the employer is a non-subscriber. Public notices should indicate non-subscriber status at a work facility, or they may be explained in an employee handbook. Law firms who work in non-subscriber accidents may have a list.

If an employer is a non-subscriber, injured workers should speak with a Beaumont non-subscriber accident lawyer today to begin the process. Personal injury lawsuits can take time as evidence is collected, witnesses are interviewed, and court filing dates are met. Contact Schechter, Shaffer & Harris to discuss your case.