Were you injured while performing your work duties at Ross Dress for Less in Texas? If so, you may be considering filing a workers’ compensation claim or a lawsuit against your employer. Before you file a claim against Ross, you need to know your options for Ross workers’ compensation claims.
In Texas, workers’ compensation coverage is not mandatory for employers. Ross Dress for Less is one of the many large companies in Texas that have elected not to subscribe to workers’ compensation coverage.
Because Ross is a “non-subscriber,” you cannot file a workers’ compensation claim for your injuries. You can, however, file a personal injury lawsuit against Ross to receive compensation. Here we will explore your options if you have been injured while working at Ross Dress for Less in Texas.
Can I File a Workers’ Compensation Claim If I Was Injured on the Job at Ross Dress for Less?
Ross workers’ compensation claims are not available in Texas. As we mentioned above, Texas does not require employers to subscribe to workers’ compensation coverage. Instead, your employer can be a “non-subscriber” by opting out of the state’s workers’ compensation system.
Ross Dress for Less is a non-subscriber, so if you were injured while performing your duties there, you cannot file a workers’ compensation claim. You can, however, file a personal injury lawsuit against Ross for your injuries if you can prove negligence by Ross or one of its employees.
What Are the Elements of a Negligence Claim?
A non-subscriber personal injury case is a negligence case. There are four elements required to prove a negligence claim. These elements include:
- The defendant owed you a duty;
- The defendant breached that duty;
- The breach proximately caused your accident; and
- You suffered damages as a result of the accident.
Because you have to file a personal injury claim instead of a workers’ compensation claim, you have to prove your employer’s negligence by establishing the above elements. Although this can be a more difficult process than filing a workers’ compensation claim, you could be entitled to more damages by pursuing a personal injury claim against your employer.
What Damages Can I Receive?
If you pursue a personal injury claim against Ross Dress for Less, you may be entitled to economic and noneconomic damages. Economic damages include things such as medical bills and past and future lost wages. Noneconomic damages include things like physical pain and suffering and emotional distress.
Traditional workers’ compensation claims do not allow for the recovery of noneconomic damages. Additionally, they allow you to recover only a portion of your lost wages. So you may be able to receive more compensation through a personal injury claim against your employer.
Factors That Affect the Value of a Claim
If you are considering pursuing a personal injury claim against Ross, you may be wondering how much your case is worth. There are various factors that impact the value of your case, including:
- The extent and severity of your injuries;
- Amount of damages;
- Insurance limits, and
One of the most significant factors that affect the value of your case will be the extent and severity of your injury. Will you suffer long-term disability or impairment as a result? Will it affect your long-term earning capacity?
Having representation from an experienced work injury attorney fighting for your rights is also a key factor in determining the value of your claim.
Contact a Work Injury Attorney
Navigating a non-subscriber injury claim in Texas can be a challenging and uncertain process. While employers may benefit from flexibility, injured workers often face obstacles when seeking compensation.
We are a Texas-based firm that has specific experience in non-subscriber work injury claims, and we are not afraid to go to trial to fight for your rights. Contact us today for a free consultation.