Is your employer a non-subscriber to Texas workers’ compensation insurance? If so, then the law empowers you with the right to sue your employer for damages if you suffer injuries while at work.
However, a critical part of prevailing in a non-subscriber work accident case is proving your injuries. You may wonder, How do I prove my injuries in a non-subscriber work accident case?
Today, we will discuss several ways to prove your injuries in such a case. We will also go over how establishing your injuries fits into the other parts of a work accident case.
However, this article only covers general advice. If you or a loved one received an injury because of your employer’s carelessness and they do not subscribe to workers’ compensation insurance, you need a dedicated attorney.
At Armstrong Lee & Baker LLP, we can provide you with the legal direction and representation you need. Contact us today to start your path toward justice.
Non-Subscribers in Texas
Unlike every other US state, Texas law does not require private employers to have workers’ compensation insurance. Instead, companies can decide whether they want to subscribe to workers’ compensation insurance.
Subscribers receive legal protections against worker injury lawsuits because the insurance has to pay benefits to injured workers.
And when an employee accepts a workers’ compensation payout, this typically prohibits them from suing their employer for negligence. While non-subscribers in Texas do not have to make insurance payments, they open themselves up to the prospect of costly worker lawsuits.
Laying a Foundation for Success in Texas Work Accident Cases
Injured worker lawsuits in Texas require the injured person, or the “plaintiff,” to prove their employer was negligent. And negligence consists of four separate legal elements. If you are injured and want to sue your employer for compensation, you will need to prove each one of the following four elements.
- Your employer had a duty of care towards you: Specifically, you need to show that your employer owed you a reasonable duty of care because of your employment relationship with them.
- Your employer breached their duty: Once you establish a duty of care, you need to show your employer did something (or failed to do something) that breached that duty.
- The employer’s breach of duty was the cause of your injury: This element is fairly self-explanatory, but proving causation can become complicated in some cases.
- Your employer’s breach of duty caused your damages: Even if you prove the first three elements, you cannot prevail without producing proof of your damages.
Next, let’s investigate how you can effectively prove your injuries.
How Do I Prove My Injuries in a Non-Subscriber Work Accident Case?
In work accident cases, your testimony alone will not be enough to guarantee a successful outcome. Instead, you will need to collect and present ample amounts of evidence. This is especially true when proving your injuries. Fortunately, there are many different ways to assemble the evidence you need.
Begin at the Beginning: Find Your Injury Report
Your first step should be to try to find an injury report. Non-subscriber employers with more than five employees should be reporting on-the-job injuries and illnesses. That means there should be a DWC007 form that documents critical facts about your injury.
Important facts should include the following:
- The date of the injury;
- The nature of the injury;
- The affected body parts;
- The location of the accident;
- Your date of hire;
- Your specific occupation, and
- The number of days that you were out of work.
All of these facts will provide a good first glimpse of your injury. But you cannot stop there.
Assemble Medical Records
In all likelihood, you will have extensive medical records relating to your injury. This includes things like x-rays, doctor’s notes, and prescription records.
It may also include notes from a physical or emotional therapist. All of these records are vital pieces of evidence for the purposes of proving your injuries.Your attorney can gather this information for you.
Revisit the Scene of the Accident
Once you have these records, think about where the accident occurred. Were there witnesses present? If so, they could provide valuable evidence about the day’s events.
Also, think about whether your employer has surveillance cameras in the area. Security footage is yet another excellent tool for capturing the details of your accident and your employer’s actions. But don’t wait too long to gather this type of video evidence because some companies routinely erase and tape over such recordings.
Curious About How to Prove Your Injuries? Let Us Help.
All of us at Armstrong Lee & Baker LLP share a unique philosophy regarding the practice of law. For one, we treat our clients as individuals. You are not just a number to us like you would be at other firms.
We care about earning your trust and support. Also, we are resilient and dedicated. We will not hesitate to give 110% for your case. You can count on us to keep your interests at heart.
We will not back down if we have to take your case to trial to get you the results you deserve. Let us give you the sterling legal representation you need by calling us today at (832) 709-1124. You can also contact us online.