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Missouri City Non-Subscriber Accident Lawyer

Texas is unique among all other states in the country in that it does not require employers of any size to maintain workers’ compensation insurance coverage for their employees. Instead, employers have the option of opting out of workers’ comp coverage and being “non-subscribers.” This means any employee who ends up getting hurt or sick on the job would not be able to get reimbursed for medical bills and most of their lost wages on a no-fault basis.

Importantly, though, “non-subscriber” companies also do not enjoy the immunity from civil liability for workplace accidents that comes with workers’ comp coverage. That means you may be able to sue your employer directly—with help from a work injury lawyer—after an accident on the job. If you want to explore your options in this regard, your first priority should be to contact a Missouri City non-subscriber accident lawyer.

Establishing Valid Grounds for a Non-Subscriber Accident Lawsuit

Filing suit against a “non-subscriber” employer over a workplace injury or illness works similarly to filing suit against a private individual over something like an auto accident. In both scenarios, civil liability will almost always revolve around legal negligence—in other words, proving that the party being sued directly caused the physical harm to the plaintiff by acting in a reckless or careless. Because they had a duty of care to act responsibly towards the party who got injured, this recklessness made them negligent.

Even if they do not have workers’ comp coverage, all employers in Texas still have a duty to ensure their employees have reasonably safe working conditions and access to functional protective gear when appropriate. That also applies to contractors working on their property, if applicable. Potential “breaches” of this duty which could give rise to a civil claim may include:

  • Failure to provide effective personal protective equipment to people working under hazardous conditions
  • Failure to properly maintain and repair heavy machinery
  • Not ensuring walkways and workspaces are kept clean and well-lit
  • Putting untrained or unqualified workers in positions where they could cause accidents
  • Not informing employees about hazardous working conditions

A Missouri City non-subscriber accident attorney can discuss possible justifications for a lawsuit in more detail during a private consultation.

What Damages Are Available Through a Non-Subscriber Claim?

Unlike a workers’ comp claim, a successful lawsuit against a non-subscriber employer can allow the injured claimant to demand compensation for all economic and non-economic forms of harm they have already suffered from their injury or will suffer in the future because of it. This can include not just medical expenses and all lost work income, but also physical pain and suffering, psychological trauma, and disability-related expenses for things like wheelchairs and home modifications.

It is worth noting, though, that many non-subscriber employers make their employees sign “arbitration agreements” which may impact that employee’s ability to file suit in certain courts. Once again, this is something a non-subscriber accident lawyer in Missouri City can offer further information about as needed during an initial meeting.

Talk to a Missouri City Non-Subscriber Accident Attorney Today

Just because your employer does not provide you with workers’ comp coverage does not mean you have no way of recovering financially for the effects of an on-the-job injury or illness. In fact, if you play your cards right and have help from a seasoned legal professional, you may be able to recover even more money from suing your non-subscriber employer than you would have through a workers’ comp claim.

Whether you work at Walmart, Amazon, Target, or any other employer who does not offer workers’ comp, guidance from a Missouri City non-subscriber accident lawyer can make all the difference in how effectively you can pursue your claim. Call today to learn more during a free consultation.

SMS Legal

SMS Legal N/a
3634 Glenn Lakes Ln,

Missouri City, TX 77459
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(346) 239-7259