Midland Non-Subscriber Accident Lawyer

Private employers within the state of Texas are not required to maintain workers’ compensation insurance. However, this does not mean that employees injured on the job due to negligence cannot pursue a lawsuit.

Workers injured on the job due to a non-subscriber employer’s negligence may even receive higher damages compared to a workers’ compensation claim. You should speak to a Midland non-subscriber accident lawyer if you were injured at work and wish to file a work accident lawsuit.

Non-Subscriber Employers Explained

A non-subscriber is an employer that has not opted into workers’ compensation insurance to cover their employees. However, these employers must still comply with certain rules under the Texas Workers’ Compensation Act, such as complying with certain filing requirements.

Non-subscriber employers must provide notice to their employees that they do not maintain workers’ compensation, which includes:

• Posting written notice where it is visible to employees;
• Giving notice in a form adopted by the Texas Division of Workers’ Compensation (DWC); and
• Providing notice of non-coverage to new employees.

Non-subscriber employers must also provide prompt notice to employees when there is a change in coverage. Employers still have certain obligations to  report workplace injuries, and if a non-subscriber has five or more employees, they are obligated to report workplace injuries or illnesses to the DWC. Employees at non-subscriber workplaces should contact a Midland lawyer if they were involved in a workplace accident and are unsure what they need to do next.

Non-Subscribers Do Not Have Certain Liability Protections

When a company has purchased workers’ compensation insurance, the policy will pay medical costs and cover employee wages during missed time from work. Workers’ compensation also provides an employer with certain liability protections, as employees are generally prohibited from filing a personal injury lawsuit for negligence.

Non-subscriber employers do not have these same liability protections. If an employee is injured due to their employer’s negligence, the injured party can bring a personal injury lawsuit against their employer. This means that an employee can potentially recover higher damages in a personal injury lawsuit against a non-subscriber compared to an employer that maintains a workers’ compensation policy.

Employers also lose certain legal defenses available to employers who maintain workers’ compensation, such as:

• The injury was caused by the injured employee’s negligence;
• The injury was caused by another employee’s negligence; and
• The injured employee was aware of and voluntarily accepted the inherent danger.

A Midland lawyer can further explain which liability protections a non-subscriber loses when a worker makes a claim against them.

Proving a Non-Subscriber Employer’s Negligence

To establish a negligence claim in a personal injury lawsuit, an injured plaintiff must first establish that the employer breached a duty of care. For example, employers have a general obligation to maintain safe work premises. If a hazard exists on the job site, employers have a duty to provide adequate warnings to employees of these dangers. Additionally, the injured employee must prove that their injuries were actually caused by the employer’s breach of duty.

The injured employee must also suffer damages to establish a negligence claim. Damages can include economic losses, such as medical costs or lost wages, and non-economic losses, like pain and suffering, emotional distress, and mental anguish.

When the responsible party was grossly negligent, an accident victim may also recover exemplary damages under Tex. Civ. Prac. & Rem. Code § 71.009. Exemplary damages are intended to deter future misconduct.

Employees should consult with a Midland lawyer about the potential available damages from non-subscriber workplace accidents.

Speak With a Midland Attorney Today About Non-Subscriber Accidents

Workplace injuries can have a serious impact on your life. An employee’s inability to work can impact their financial stability and emotional well-being.

You should reach out to Midland non-subscriber accident lawyer as soon as possible if you were injured at the workplace of an employer that does not provide workers’ compensation coverage. One of our attorneys can help you navigate the complex legal system and gather relevant evidence to prove your negligence claim. Call now for a free consult.