Can't Get Workers' Comp in Texas?

This video features Aaron Allison, an Employment and Labor Law attorney based in Texas.

Attorney Aaron Allison | 888-300-1476 | FREE Consult

After sustaining an on-the-job injury, many workers are surprised to find out that they can’t get workers’ comp in Texas. The state doesn’t require it, so many employers choose to opt out. This puts workers in a precarious situation after an on-the-job injury.

There are very few attorneys practicing workers’ comp law in Texas. Aaron Allison is one of them. In addition to handling straight workers’ comp claims, he can help injured workers find ways to receive financial compensation after a workplace injury.

To learn more, you can contact Aaron Allison by calling 888-300-1476 or by submitting a contact form on this page. There is no charge for the consultation, and don't owe any attorney fees unless your case ends in your favor.

Why don’t many Texas workers carry workers’ comp?

Since the law does not require them to, many employers take advantage of this to save money. Employers have discovered that they ultimately save money by handling personal injury claims for injured workers versus carrying workers’ compensation insurance for every employee.

So what can you if you’re injured and your employer doesn’t carry workers’ comp?

It may seem like you’re out of options, but there’s good news. You can file a personal injury lawsuit following your injury to receive compensation. This can help cover your medical bills and lost wages if you had to take time off of work.

In fact, this can be somewhat of a blessing in disguise: the workers’ compensation system tends to be overly bureaucratic, taking a long time to process and requiring lots of steps. The civil justice system tends to move faster, with better results.

What should I do after an on-the-job injury?

Make sure you report that the injury occurred to your employer. Otherwise they can dispute the fact that the injury occurred at work, or at all.

For serious injuries, seek medical care immediately. This is the most important factor. Worry about getting well first and paying bills later.

Additionally, make sure you contact an attorney with experience handling both workers’ compensation claims and Texas workplace injury claims. They can handle all of the legal stuff while you focus on your recovery. You may even have grounds to file a third party lawsuit if another entity played a role in your injury.

For more information, contact Aaron Allison by calling 888-300-1476 or by submitting a contact form on this page. There is no charge for the consultation, and don't owe any attorney fees unless your case ends in your favor.

Video Transcript:

I'm Leslie Rhode with AskTheLawyers.com and this is an AskTheLawyers.com legal brief. In most states, the law mandates that all employers provide their employees with workers' compensation benefits. However, in Texas, employers have another option. A company or business can opt out of workers' compensation, designating themselves as a non subscriber. This includes most big box retail stores in Texas, as well as hospitals and medical clinics. There are pros and cons to both workers' comp and non subscriber plans when an employee is hurt on the job. Now there are only a select few lawyers in the state of Texas who practice workers' compensation law. And one of these attorneys is Aaron Allison of the Austin based Aaron Allison Law Firm, who says that employees hurt while working for non sub companies may be entitled to greater benefits than under the workers' comp system.

When discussing the benefits of a non subscriber system, attorney Allison says:

"If you compare the injured employee plan in regards to expediency, medical service, quality of service and quality of outcomes, the "nonsub" plans devastate the worker's compensation system, which is bureaucratic, time consuming, takes too long for the injured worker to obtain the attention of a specialist and diagnostic testing for the injury. And most of the time, insurers will deny or dispute the injury more than in the nonsub system. However, also bear in mind that a personal injury lawsuit is quite different from a workers' comp claim and should not be handled without competent legal counsel."

If you were hurt on the job, don't hesitate to contact a lawyer as soon as you can to be sure you receive everything to which you are entitled. I'm Leslie Rhode with AskTheLawyers.com and this has been AskTheLawyers.com legal brief.

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