In most states, workers’ compensation laws prevent you from suing your employer for an on-the-job injury. That is not always the case in Texas. The Lone Star State allows companies to opt out of the workers’ compensation system. These so-called non-subscribers do not have to pay premiums for insurance, but they are on the hook for any work-related negligence claims.
If you were hurt in an employment-related incident, our Hitchcock non-subscriber accident lawyers can help. We can advise you on whether or not you have a viable case for compensation through the court system. Reach out to our dedicated work accident attorneys today to learn more.
How is Workers’ Comp Different From Non-Subscriber Claims?
When workers are hurt on the job and their employer is part of the workers’ compensation system, an insurance policy will cover the cost of that injury, no matter who is at fault. This includes coverage for lost wages as well as having your medical bills paid.
Unlike most states, not all employers in Texas are required to take part in this system. Many businesses choose to opt out in part to avoid the high cost of insurance premiums. These companies are known as non-subscribers.
Under state law, you cannot sue your employer for negligence if you were hurt at work in most cases as long as you are eligible for workers’ compensation benefits. That protection is not in place when it comes to non-subscribers. A non-subscriber claim is a civil suit against your employer following a workplace injury. Our non-subscriber attorneys in Hitchcock can answer your questions about this system.
Damages in a Non-Subscriber Claim
One of the benefits of pursuing a non-subscriber claim is that the types of compensation available go beyond what you might recover through the workers’ compensation system. With a work comp claim, you could be entitled to some of your lost wages and your medical expenses. Outside of that, your recovery is limited.
A non-subscriber claim opens up more possibilities. For starters, you could recoup the full value of your lost wages instead of only a portion of it. In addition to your medical costs, you might also be able to recoup non-economic damages like pain and suffering or emotional distress.
It is not possible to predict with certainty what your non-subscriber claim is worth. There are many factors that will impact the outcome of your case, but it is possible to highlight the types of damages you could recover. Some examples include the following:
- Past and future medical bills
- Emotional distress
- Pain and suffering
- Lost wages
- Diminished future earning power
The right attorney could help you maximize your recovery after being hurt at work.
Evidence in a Non-Subscriber Case
Building a winning case for compensation requires strong evidence. Your Hitchcock non-subscriber accident attorney can thoroughly investigate your injury and the circumstances surrounding it to determine how best to approach a case for compensation. Some of the pieces of evidence often used in these cases include the following:
- Official accident reports
- Video or photographs
- Medical records
- Witness statements
- Pay stubs
- Correspondence from your employer
Our firm can work with you to develop the evidence needed for your claim to succeed.
Talk to a Non-Subscriber Accident Attorney in Hitchcock Today
If you were injured in an employment-related incident, it is vital that you understand all of your legal options. You could have a viable case for negligence if your employer has opted out of the workers’ compensation system.
Let a Hitchcock non-subscriber accident lawyer serve as your advocate. Reach out to our firm immediately to set up your private consultation.
