Texans: What to Do If Your Employer Doesn't Have Workers' Comp
Written by AskTheLawyers.com™ on behalf of Aaron Allison with The Law Offices of Aaron Allison.
It’s a fact that most companies are actually required to carry workers’ comp insurance, but the laws are different in Texas. Many companies do NOT provider workers’ compensation to their employees. So what happens if you’re injured on the job and your employer is a non-subscriber? Are you out of luck? Not at all. Here’s why:
You Have Two Options Available in Texas If Seeking Compensation with a Non Subscriber
Texas does in fact serve as the only state where employers can actually choose to obtain workers’ comp insurance policies or operate within the state’s workers’ comp system. You’ll know what your employer has chosen at the time of your injury if your supervisor provides information for your claim—if the employer gives you paperwork to immediately notify an insurance company, chances are pretty good that employer is insured. If not, you can actually look it up online and find out yourself. You may find that your employer isn’t covered.
Your first option is to file a personal injury lawsuit. What’s important is that the general rule typically applies that you can’t sue your employer in court for work injuries unless the employer doesn’t have workers’ comp insurance.
Your employer may be expecting this. Many companies have found that it’s cheaper to deal with individual personal injury lawsuits than it is to provide workers’ compensation to everyone.
However, also bear in mind that a personal injury lawsuit is quite different from a workers’ comp claim. Consult a qualified attorney to examine the difference and ensure that it is the way you want to proceed.
On the other hand, you may be able to file a workers’ comp claim under what is called an uninsured employer’s fund, providing that compensation without the need to file a lawsuit or pursue due diligence with an insurance company. However, you may discover that such a claim with the uninsured employer’s fund may be a bit more complex than expected compared to a regular workers’ comp claim. Seek advisement from an attorney for more answers.
Some good news is that even if your employer happens to go out of business, if that employer was insured under a policy, by law that insurance company still needs to provide compensation for your claim. If the employer has no insurance, you can even go for the alternative and file with the uninsured employer’s fund within your state for a claim involving your employer after the business dissolves.
There's Still Hope for Injured Workers Without Workers' Comp
Provisions are, in fact, placed. After all, employers do need to be aware of the situations involving work injuries. By law they are, in fact, responsible. They do have the choice to make: seek insurance, or cover the expenses on their own. As a claimant, all you would need to do is consult with your attorney on the best course of action. You may have an employer who will simply cover your costs, and if not, you can look into state funding or simply file a personal injury lawsuit. Definitely learn more about your rights and options by contacting the law offices of Aaron Allison with your questions.
Written on behalf of Aaron Allison by AskTheLawyers.com™