American Bottling Company Workers’ Compensation Claims in Houston

In most states, businesses are typically required to carry workers’ compensation insurance coverage. This coverage is designed to cover the medical care and lost wages of those injured on the job—even if they were at fault. However, Texas does not require this, and not every place of business in the state offers workers’ compensation coverage. These businesses are known as “non-subscribers.”

American Bottling Company is one of many non-subscribers operating in the state. When workplace injuries happen, filing a claim with the workers’ compensation system is not an option. The good news is that a seasoned personal injury lawyer could help you pursue the equivalent of an American Bottling Company workers’ compensation claim in Houston.

How Non-Subscriber Cases Are Different

Anyone that has suffered an injury while working at American Bottling Company in the Houston area should have a clear picture of how these cases can differ from typical workers’ compensation claims. In a workers’ comp claim, an injured worker cannot sue their employer even when the employer’s negligence played a part in causing their injury. The payments and benefits are addressed through the workers’ compensation program.

There is no lawsuit protection for non-subscribers when negligence results in an injury. This means a worker could sue their employer when they sustain an injury on the job through no fault of their own.

Another major difference between these types of cases is the potential damages that are available. In a traditional workers’ compensation claim, an injured employee is limited to the cost of their medical care and their lost wages. That is not the case in a lawsuit against a non-subscriber. In these situations, there are more types of damages that could be available beyond lost wages or medical costs – notably pain and suffering or mental anguish.

Defense Limitations for Non-Subscriber Claims

The employer in a non-subscriber injury case does not have the same defense options as in a typical personal injury lawsuit. This is good news for anyone in Houston looking to file a workers’ compensation claim against American Bottling Company. The following are some of the defenses that non-subscriber employers are not allowed to make when a worker is injured.

Contributory Negligence

In a non-subscriber case, the defendant cannot rely on a defense of contributory negligence. Typically, defendants in personal injury lawsuits can point at least some of the blame at the injury victim. If American Bottling Company is even partially at fault, then they are fully liable for any injuries that occurred at work.

Assumption of Risk

Assumption of risk means the plaintiff knowingly took a dangerous risk which ultimately resulted in their injury. However, knowing the risks does not prevent a worker from recovering compensation for an injury they sustained on the job.

Pre-Injury Waiver

There are some situations where a person can legally waive the right to sue for an injury before it happens, but waivers cannot be used in non-subscriber situations.

Talk to a Houston Attorney About Your American Bottling Company Workers’ Comp Claim

If you suffered an injury at American Bottling Company in Houston, you might not be able to pursue a traditional workers’ compensation claim. The good news is you could have a viable case for compensation through a personal injury lawsuit against your employer. You do not have to navigate the claims process on your own, so reach out today to Schechter, Shaffer & Harris and set up a free consultation.