In Texas, not every employer carries workers’ compensation insurance coverage. Should an employee of one of these non-subscriber businesses become injured on the job, one legal option that is available is to file a non-subscriber claim.
Significant Differences from Other Claims
An employee who files a non-subscriber claim will find it is very different from other types of personal injury claims and standard workers’ compensation claims.
Non-subscriber claims must be able to prove negligence on the part of the employer or their agent, but they can also result in higher payouts. Although damages for pain and suffering cannot be awarded with a workers’ compensation claim, they are available with a non-subscriber claim.
The time needed to resolve a non-subscriber case is longer, but the employer has no opportunity to avoid responsibility.
Filing a Non-Subscriber Claim
Despite its advantages over standard workers’ compensation claims, the process to file a non-subscriber claim is more complicated. If you are considering filing a non-subscriber claim, the best way to get your desired result is to get legal help from an attorney with this kind of experience.
For more information about non-subscriber claims, refer to this detailed infographic from Schechter, McElwee, Shaffer & Harris.