Posted & Reviewed by Scott Armstrong - Sep 14th 2023
Most states require employers to carry workers’ compensation insurance. If an employee is injured at work, their employer’s workers’ compensation insurance company pays their medical bills and a portion of their salary if they cannot work. The employee does not need to prove the employer’s fault to receive workers’ compensation benefits.
Texas, however, does not require employers to have workers’ compensation insurance. Employers who do not have workers’ compensation insurance are “nonsubscriber” employers because they do not subscribe to workers’ compensation insurance. Injured employee rights in Texas are different when the employer is a nonsubscriber.
Contact us today to learn more about employees’ rights in Texas and how Armstrong Lee & Baker LLP can help you.
If your employer is a nonsubscriber, know you are not covered by the state workers’ compensation system. Nonsubscriber businesses did not join a Texas Workers’ Compensation insurance program. Instead, they may have their own insurance for injured workers, which probably does not cover as much.
However, if your employer is a nonsubscriber, you are not limited to the coverage they offer you. You can still recover for a work injury from a nonsubscriber employer under the doctrine of negligence.
Injured employees of nonsubscriber employers have rights if they are injured in the workplace. And in some cases, they may be entitled to more than employees covered by workers’ compensation. The following are rights injured employees with nonsubscriber employers have.
You can sue your employer for your workplace injury as an injured employee. While you may not be covered by workers’ compensation, you can receive compensation based on a negligence claim.
An employer who enrolls in workers’ compensation insurance can prevent injured employees from suing them for negligence. But no such defense exists for nonsubscriber employers. Injured employees can sue their nonsubscriber employers for their injuries if they can prove the employer was at fault.
If the injured employee’s negligence claim is successful, they can receive compensation for their injuries.
Like with workers’ comp, they can receive compensation based on their medical bills from the injury and their lost income from time off work. However, employees working for nonsubscriber employers can also receive pain and suffering damages. These damages are not an option for employees covered by workers’ compensation.
If an injured employee sues their nonsubscriber employer for negligence, there are certain common defenses the employer is not permitted to use. These prohibited defenses include the following.
Comparative negligence can prohibit a plaintiff from recovering compensation in a negligence claim if they were negligent as well or reduce the value of their claim.
A nonsubscriber employer cannot raise this defense in a negligence claim for a workplace injury. Thus, it does not matter that the injured employee was partially at fault for the incident. The injured employee can still recover compensation if they prove the employer was negligent.
Employees who sign a liability waiver with their nonsubscriber employer can still sue for negligence. Nonsubscriber employers are not permitted to use a liability waiver as a defense.
Assumption of risk is a legal defense often used by defendants in personal injury cases. If a victim knew what they were doing was risky but did it anyway, they “assumed the risk.” Nonsubscriber employers cannot use this defense. Even if the employee knew their task was dangerous, they can still sue.
Employees that are covered by workers’ compensation are also entitled to a number of rights, including:
Reach out to a work injury attorney today to learn more about whether your injury is covered by workers’ compensation or whether you have the right to pursue a personal injury claim against your employer.
The OIEC is a state agency that helps injured employees if they have a workers’ compensation claim and are not represented by an attorney.
You can contact the OIEC via email at oiecinbox@oiec.texas.gov or call (866) 393-6432. The central office and mailing addresses are:
Central office: 1601 Congress Avenue
Austin, TX
78701
Mailing address: PO Box 12876
Austin, TX
78711-2876
The Texas Department of Insurance’s workers’ compensation department regulates workers’ compensation in Texas. You can contact them by calling 888-489-2667 or emailing TXCompHelp@tdi.texas.gov.
The rights of an employee in Texas depend on whether the employer is enrolled in a workers’ compensation program. The options can get complex. Contact our office today if you were injured at work and your employer does not subscribe to workers’ compensation.
Our Armstrong Lee & Baker LLP attorneys can get you the compensation you deserve. Don’t delay. Contact us now for a free case evaluation.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
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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