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Galveston Non-Subscriber Accident Lawyer

Although most states require businesses to carry workers’ compensation insurance that provides benefits to employees injured on the job, Texas is not one of them. Employers that do not carry it are called non-subscribers.

Some employers contract for private insurance or self-insure to cover employee injury costs after a work-related accident. In some industries, such as maritime and offshore oil operations, federal law covers you; and often, if your employer is negligent and foreseeably caused your accident, you can file a personal injury lawsuit against them. You have too much at stake, which is why a Galveston non-subscriber accident lawyer can step in to help.

Workers’ Compensation vs. Personal Injury Lawsuits

Employees should know at the time of hiring if their employers provide workers’ compensation, an alternate insurance program, or if they may have to resort to a negligence lawsuit to get compensated. The big differences between workers’ compensation and personal injury lawsuits are how compensation is sought and what damages are available. Additionally, alternate insurance does not shield employers from direct lawsuits.

Workers’ compensation claims come with state oversight and involve reporting an injury to an employer, receiving medical treatment, and linking the injury to the jobsite. Employees do not have to prove their employer did anything wrong, and even if they make a mistake, short of willfully harming themselves or working while intoxicated or high, benefits under this system are generally paid out. When employees accept workers’ compensation benefits, they lose the right to sue their employers for their injuries. Benefits include a portion of their wages while they are incapacitated, medical care, and permanent disability, if warranted.

Negligence lawsuits entail proving an employer acted below the standards a responsible person would follow, and because of it, the employee is harmed. Employees can recover more expansive compensation through this method. A non-subscriber accident attorney could build a case to get injured employees in Galveston compensated when workers’ compensation is not an option.

What the State Requires of Non-Subscribers

An injured worker should look for information before deciding a civil claim is the way to be compensated by an employer after a workplace injury. An attorney will verify an employer’s status as a workers’ compensation provider or non-subscriber. Local businesses that opt out of the state program must post written notice in English, Spanish, and any other languages spoken regularly in the workplace, in a spot that employees can easily access. New employees must also be notified of the company’s policy.

Damages Available in a Lawsuit Against a Non-Subscriber in Galveston

While workers’ compensation pays for medical care and wage replacement, personal injury lawsuits go a step further. Damages awards are divided into economic and non-economic damages. Economic damages are calculated losses, such as the money laid out for medical care and the wages lost because an employee is recuperating.

Non-economic damages are more subjective. The jury assigns a price tag to emotional losses, such as for losing a limb, suffering constant pain, loss of the enjoyment of life, and disfigurement. The inclusion of non-economic damages is one of the benefits of filing suit directly against the employer.

Proving Negligence

Injured employees should begin building a claim against employers by seeking medical treatment immediately. A non-subscriber accident lawyer in Galveston could also interview witnesses who saw what happened and acquire the company’s safety records. They then file petitions asking for appropriate compensation after establishing the employer’s conduct was substandard and contributed to the accident.

Speak With a Galveston Non-Subscriber Accident Attorney to Explore Your Options

Many private companies are non-subscribers, which is legal in Texas, and poses some challenges to injured employees. Do not allow that status to confuse you; additional benefits are available if you are forced to sue your employer to compensate you for your workplace injuries.

Employer lawsuits are based on negligence. We will gather evidence to support your claim no matter how we might have to pursue it. Whether we negotiate with alternate insurers or litigate in civil court, a Galveston non-subscriber accident lawyer’s main goal is to see you compensated for the harm you experienced.

SMS Legal

SMS Legal N/a
1908 Strand

Galveston, TX 77550
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(409) 377-6970