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Many states have legislation that requires employers to provide employees with workers’ compensation benefits after an on-the-job injury. Unfortunately, Texas is not one of them, which means private Texas companies can opt out. When companies opt out of workers’ compensation insurance, the state classifies them as non-subscribers.
While at first blush, being a non-subscriber may seem like a plus for employers, non-subscriber companies lose critical legal protections, including immunity from most injury lawsuits. So, although injured workers cannot collect workers’ compensation from non-subscriber companies, they can secure compensation by filing personal injury lawsuits against them.
A Dallas work injury lawyer can guide you through a non-subscriber workplace injury claim. Whether you are employed by a small business or a large chain, if you are looking for a work injury lawyer, Dallas law firm Armstrong Lee & Baker can help you fight for the compensation you need to heal after your workplace injury.
Except for government entities, most Texas employers can opt out of purchasing state workers’ compensation insurance. But that does not mean employees working for companies that have opted out lack workplace injury protections. Non-subscriber employees are entitled to compensation for on-the-job injuries. The main differences between non-subscriber and worker’s compensation claims are the types of damages available and the avenues an employee must take to receive compensation.
Employers that opt out of traditional state workers’ compensation benefits programs are responsible for setting up their own injury compensation processes. Some buy accident and health insurance or disability policies from private companies or create employer indemnification agreements. These policies may provide injured employees benefits, but Texas law does not recognize them as substitutes for workers’ compensation insurance coverage.
In fact, the Texas Department of Insurance (TDI) prohibits insurance companies from representing their alternative coverages as substitutes for workers’ compensation insurance. Furthermore, employers that buy alternative coverages do not receive the same workers’ compensation liability protections companies covered under Texas state policies get. That means you can collect under these alternate policies and still sue for damages like doctor’s bills, lost wages, pain and suffering, punitive damages, and attorney fees in court.
Before proceeding with a civil claim against your employer for a workplace injury, your Dallas work injury lawyer must verify if your employer participates in state workers’ compensation. Whether your employer has insurance and what type will determine how you and your Dallas workers’ compensation attorney proceed.
All Texas businesses that opt out of providing Texas workers’ compensation must post written notice in English, Spanish, and other appropriate languages and place it where employees can view it. They must also provide written notice of non-coverage to all new employees. You can verify whether a company offers workers’ compensation coverage on the Texas Department of Insurance website.
“Every challenge is an opportunity for us to make a difference. Let’s work together to turn your personal injury journey into a successful path forward. ”
Scott Armstrong
Partner
We’ll fight for the compensation you deserve.
Non-subscriber injury cases are like any other personal injury lawsuit in Texas. This means injured workers can file a claim without going through state workers’ compensation. They can also ask for substantially more than a workers’ compensation claim would offer, including pain and suffering damages. But to prevail in a civil suit, an employee must prove fault, and thus negligence on their employer’s part.
Proving an employer’s negligence requires concrete evidence. For this and other reasons, you must seek medical treatment as soon after your injury happens as possible to establish a clear connection between your work and your injuries. Your attorney can also help you acquire other helpful evidence, including employer safety records and testimony from employees who may have witnessed your accident.
After investigating your Texas non-subscriber injury claim, your attorney may file a petition laying out your case and asking for damages. To prevail, you will have to prove the following:
Having the right personal injury team on your side can make all the difference in succeeding in a non-subscriber injury case. An experienced Dallas work injury lawyer who understands the nuances involved in proving workplace negligence can explain the non-subscriber claims process, help protect your rights, and recover compensation for your injuries.
Our Dallas workers’ compensation attorney can help with your Texas non-subscriber claim. After a workplace injury, the last thing you need is the headache that comes with navigating Texas non-subscriber laws. At Armstrong Lee & Baker, our experienced Dallas workplace attorneys know how private employers and insurance companies operate and can do all the heavy lifting for you.
We can answer your workplace accident questions, explain your options, negotiate with insurance companies, and fight for you in the courtroom. Your well-being always comes first, and addressing all of your issues and concerns, no matter how big or small, is always our top priority. Contact us today, and let us explain how our skilled workplace injury attorneys can help you. We offer free consultations and never take a fee unless we win.
Scott Armstrong is the Managing Partner and co-founder of Armstrong Lee & Baker LLP. Known for his strategic insight and relentless pursuit of justice, Scott personally guides the firm’s approach to complex cases, including catastrophic injuries, vehicle accidents, workplace injuries, and product liability. His leadership has created a culture where excellence, innovation, and dedication to client success are paramount, and his influence is evident in every case the firm handles, often resulting in hundreds of millions recovered for clients.
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Josh Lee and the rest of the staff are all amazing. They kept me up to date and informed. I was treated like a priority every time I called, Josh even called me back on a Saturday, when the office was closed. They got me way more money than I thought even possible! I am more than satisfied and so grateful that I chose this firm. If you want a very personable, honest attorney who looks out for your best interest and gets results, call them!
Google Review I live roughly eight hours from Armstrong Lee & Baker and communication exceeded my expectations all my needs were met at every level Mr Adam and his wonderful team guided me step by step,I definitely recommend Mr Adam if ever you need a lawyer that will fight very hard for you.He was successful with my injury case got me what I deserve and more,I am forever grateful to Mr Adam and his wonderful team God bless you all
Google Review I couldn’t have asked for better representation. From day one, they took great care of me—not just as a client, but as a person. Throughout the entire injury case from my car accident, they kept me informed, made sure I felt supported, and handled every step with professionalism and confidence. At the end of the day, they got the job done. Grateful to have had them in my corner. Highly recommend.
Google Review Omg…Armstrong Lee & Baker are nothing short of amazing . From the very beginning of my initial call they where totally attentive. The entire team from Priyanka , Monique, Lydia, Eddie , and more are Par-Excellence. Priyanka & Monique , Brianna keep me in the loop on every level . Especially being my first time having to experience hiring an attorney I did not know what to expect. They all coached me play in and out on all procedures . Eddie kept me in the loop on all of my Dr. Appts. He also made sure I received all of my meds. DoorStep! The entire team are amazing ! As for me” Armstrong Lee & Baker are far beyond 5 stars … I give um a 10+”. Thank you Armstrong Lee & Baker.
Google Review I originally hired Jim antler and after a year of him stringing me along he declined my case said it wasn’t worth nothing. That’s when I called Adam at Armstrong Lee and Baker him and his associates took care of me like family got all the medical needs taken care of. Got me my next surgery Back on my feet and also got me awarded a check way bigger than what I was expecting. thank you Adam and your associates at Armstrong, Lee and Baker.
Google Review I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.
Google Review When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!
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Armstrong, Lee & Baker did an absolutely wonderful job with my case. The resolution of my case was above and beyond what I expected! Shruti, the associate who handled my case showed great professionalism and I could not be more satisfied with the outcome. Thank you all!...
Josh Lee has been the best lawyer. He fights hard for you and will not give up until you are paid what you deserve. We were very fortunate to find him and his team. Any questions or concerns he was available day and night to answer anything we needed!
I had a great experience with this law office. The team communicated effectively and provided clear timelines for my accident case. Their professionalism and transparency made the process smooth. I highly recommend!! Emma Coomes and Dennise were amazing !
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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