Under Texas law, employers do not have to purchase workers’ compensation insurance for their employees. The law says that employers do not have to “subscribe” to workers’ compensation insurance.
The employers who take advantage of this law in Texas are called “non-subscriber” employers. This Non-subscriber workers’ compensation Texas law created a need for Texas non-subscriber work injury lawyers who can help ensure employees receive compensation for work-related injuries.
You may wonder what non-subscriber workers’ compensation looks like. Many non-subscriber employers carry insurance that takes the place of workers’ compensation insurance. But it’s usually not the same and does not have the same protections.
Therefore it is crucial to contact a work injury lawyer Houston who focuses on representing seriously injured workers. The work injury law firm of Armstrong Lee & Baker LLP has been fighting for the rights of injured workers for many years.
Our Texas workers’ comp lawyers went into detail to explain what you need to know if your employer is not a subscriber to workers’ compensation.
Common Work-Related Accidents
Workplace accidents can happen in any industry and can have devastating consequences for workers and their families. In Houston, a bustling city with a strong economy driven by various sectors, workers face a range of hazards on a daily basis. From construction sites to oil fields, from manufacturing plants to transportation hubs, accidents can occur in numerous ways. It helps workers to understand the common work-related accidents that can occur and the importance of seeking legal representation from a knowledgeable and experienced work injury lawyer in Houston.
Falls
One of the most common types of work-related accidents is falls. Whether it’s a slip on a wet floor, a trip over debris, or a fall from an elevated surface, falls can lead to serious injuries, such as broken bones, spinal cord injuries, and head trauma. In some cases, falls can even be fatal. Falls can happen due to hazards in the workplace, unsafe safety equipment, and many other reasons.
Machinery accidents
Many industries in Houston rely on machinery to carry out their operations. While machinery can increase productivity, it also poses significant risks to workers. Accidents involving machinery can result in severe injuries, including crushed limbs, amputations, and burns. Employers should provide proper training on the operation and maintenance of machinery, as well as implement safety measures such as guards and safety switches. However, safety protocols are not always promoted or followed, and machinery can also be defective.
Oil rig and oil field accidents
Houston is known as the energy capital of the world, and the oil and gas industry plays a significant role in the city’s economy. However, working on oil rigs and in oil fields can be extremely dangerous. Accidents in this industry can range from explosions and fires to slips, trips, and falls. The nature of the work exposes workers to hazardous substances, heavy machinery, and unpredictable weather conditions. Workers in the oil and gas industry should be trained in safety procedures, and employers must enforce protocols and provide necessary safety equipment. Even so, accidents and injuries are still common.
Vehicle and traffic accidents
Houston has a robust transportation infrastructure, with highways, railways, and airports facilitating the movement of people and goods. Unfortunately, this also means an increased risk of vehicle and traffic accidents. Workers who operate vehicles or work in proximity to traffic face the possibility of being involved in accidents that can result in serious injuries or fatalities. Even safe employee drivers can be in collisions with other drivers on the roads when driving for work, and cars can hit road workers in construction zones, especially when speeding.
Struck-by accidents
In industries such as construction, manufacturing, and warehouse logistics, workers are at risk of being struck by heavy objects, vehicles, or equipment. These accidents can cause severe injuries, including broken bones, internal injuries, and head trauma. Employers should ensure that workers are provided with proper personal protective equipment (PPE), such as hard hats and high-visibility clothing. They should also implement strategies to prevent struck-by accidents, such as clear signage, designated walkways, and barriers to separate workers from moving objects. Still, all these precautions do not always eliminate accidents and injuries.
Electrical accidents
Electricity is a crucial element in many industries, but it also presents significant risks to workers. Electrical accidents can occur due to faulty wiring, inadequate training, or improper use of electrical equipment. These accidents can result in severe burns, electrocution, and even death. In addition to electricians, many industries require workers to be near electricity, including construction workers, power plant workers, and more.
Toxic exposure
Workers in certain industries may be exposed to toxic substances, such as chemicals, fumes, or radiation. Prolonged exposure or improper handling of these hazardous materials can lead to serious health issues, including respiratory problems, cancer, and organ damage. Some employers do not have adequate ventilation systems, protective clothing, or regular monitoring and testing of workplace air quality.
Lifting accidents
Jobs that require manual lifting, such as construction, warehousing, and healthcare, place workers at risk of lifting accidents. Improper lifting techniques, overexertion, or lifting objects that are too heavy can result in back injuries, muscle strains, and hernias. Lifting injuries can be acute or they can develop over time from repeatedly lifting. Either way, these injuries can be painful and cause serious problems performing jobs and even everyday activities.
Trench collapses
In construction and excavation projects, workers may be required to work in trenches or excavations. These confined spaces can be extremely hazardous, with the risk of trench collapses leading to burial and suffocation. Trench collapses can happen when least expected and are often fatal.
In the face of these common work-related accidents, injured workers must understand their rights and seek legal representation from a reputable work injury lawyer in Houston. Further, families who lost a close loved one in a fatal work accident should also know their rights to justice and financial support.
Our Houston work injury lawyers represent injured workers or their families and guide them through the process of seeking benefits, holding responsible parties accountable when appropriate, and fighting for fair compensation.
If you or a loved one has been injured in a work-related accident, don’t hesitate to reach out to our work injury lawyers at Armstrong Lee & Baker LLP. We can guide you through the process and protect your rights. You never have to face this challenging situation and deal with insurance companies alone.
What Is A Texas Non-Subscribing Employer?
As mentioned, in Texas, some employers choose to be non-subscribers and opt out of the state-run workers’ compensation system. If you work for a non-subscribing employer and are injured on the job, you may wonder what options are available to you.
When you work for a non-subscribing employer, you do not have the same protections and benefits as employees covered by workers’ compensation. This means that if you are injured on the job, you may need to pursue a legal claim to seek compensation for your injuries, medical expenses, lost wages, and other damages.
It is important to consult with an experienced Houston work injury lawyer at Armstrong Lee & Baker LLP if you are employed by a non-subscribing employer and have suffered a work-related injury. We can help assess your case, gather evidence, and guide you through the legal process to ensure you receive the compensation you deserve. With our knowledge and experience, we can help you determine the best course of action for your claim and fight for your rights.
Remember, if you have been injured while working for a non-subscribing employer, you still have important legal rights and options. Consult with our qualified work injury lawyers to understand the best way to seek compensation for your specific situation. Our legal team can often make a significant difference in the outcome of your case, ensuring that you receive the care and compensation you need to recover and move forward.
How Non-Subscriber Cases Are Different?
With a basic Texas workers’ compensation injury, the worker is entitled to medical benefits and wage loss benefits if the injury prevents them from working.
It does not matter if the employee was at fault and caused the injury.
If the employer was negligent and caused the worker to be injured, the employee cannot file a personal injury lawsuit against the employer for that negligence.
The employer is shielded from negligence lawsuits as long as they agree to provide workers’ compensation coverage under Texas law.
In contrast, non-subscriber work injury cases do not have this lawsuit protection, and employees can file actual lawsuits against their employers to prove that they were the cause of the injuries.
Unlike a regular workers’ compensation case, where the only recovery is medical and wage benefits, under a non-subscriber case, an injured worker can also win pain and suffering damages.
This is the risk that non-subscriber employers take by not “subscribing” to the regular Texas workers’ compensation system.
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Texas Non-Subscriber Companies
- Walmart
- Amazon
- HEB
- Target
- Best Buy
- Home Depot
- Tractor Supply
- Stripes
- Tom Thumb
- Pep Boys
- Costco
- Wendy’s
- McDonald’s (some locations)
- Oak Farms Dairy
- American Bottling Company (Coca-Cola, Dr. Pepper, Keurig)
- Brookdale Senior Living
- Lowe’s Home Improvement
- Kroger
- Sam’s
- Whataburger
- Kohl’s
- Hobby Lobby
- Ross Dress for Less
- Randalls or Albertsons
- Brookshire Brothers
- Pilgrim’s Pride
- Macy’s
- AutoZone
- O’Reilly Auto Parts
- Family Dollar and Dollar Tree
- Dollar General
- Academy Sports + Outdoors
- McLane Foodservice Distribution, Inc.
Non-Subscriber Cases Are Similar to Other Negligence Cases
Non-subscriber cases are like other negligence cases, such as car and truck collisions, slip and falls, and defective products.
If you can prove that the employer was negligent and violated a duty of care to the employee and that the violation was the actual cause of the injury, then the employee can file a lawsuit (just like a car accident lawsuit) against their employer and seek more damages.
Non-subscriber cases are more beneficial to the employee than a typical negligence case because the law prohibits an employer from arguing defenses to the case that other defendants can make.
Prohibited Defenses for Workers Compensation Texas Law
There are certain prohibited defenses for workers’ compensation.
Texas law makes it much more difficult for non-subscriber employers because, ultimately, the state of Texas wants its employers to have normal workers’ compensation coverage for their employees.
The law is structured so that employers cannot use the normal defenses that a defendant can use in a regular negligence case.
Here are the defenses that are not allowed to be used by non-subscriber employers:
- Contributory negligence: A non-subscriber employer cannot use the defense that the employee contributed to their own injury to offset the employer’s liability. Even if the employee was mostly at fault for their own work injury, as long as it can be shown that the employer was partly at fault, then the employer is responsible for the damages.
- Assumption of the risk: The “assumption of the risk” argument is used when the injured plaintiff knew that the activity was risky and proceeded anyway. In a non-subscriber case, the employer cannot use this against the injured employee, even if it was clear that the employee knew there was a risk of injury when they proceeded with the work activity.
- Pre-injury waiver of liability: A waiver of liability is often signed by individuals who participate in certain risky activities. For example, oftentimes you would have to sign a waiver if you engage in some kind of sport such as skiing or racetrack racing. If you sign a waiver and then get injured, you typically would not be able to sue anyone, even if they were negligent. Non-subscriber employers cannot use this defense for injured workers.
However, a post-injury waiver is a valid defense that can be used. For example, if a worker was injured and the employer offered the employee a sum of money to sign a waiver, this would prevent the worker from filing a lawsuit. If this is offered please talk to our non-subscriber work injury lawyer today.
What Benefits Are Texas Non-Subscribers Liable For?
The Texas non-subscriber law does not require non-subscriber employers to do anything for their injured employees.
They can, if they so choose, provide certain benefits such as medical and wage loss benefits.
Although some non-subscriber employers have insurance policies that are similar to workers’ compensation policies to provide some money to injured workers, the injured worker would still be able to file a lawsuit against their employer.
Some work injuries are minor and require minimal treatment and only a small amount of time off work.
If the non-subscriber employer agrees to take care of the medical bills and pay the employee the lost wages, then most of the time, no further action is taken.
However, other work injuries are significant and may result in the employee becoming permanently disabled or the loss of life due to the work accident.
Texas non-subscribers are liable to provide several benefits to injured workers, including:
- Payment of medical expenses related to the workplace injury.
- Coverage or reimbursement for necessary medical care.
- Compensation for lost wages due to the injury.
- Restitution for emotional distress or pain caused by the workplace injury.
These cases can become very difficult to win.
That is why it is in the best interest of an employee to hire a law firm that focuses its practice on representing injured workers and fighting for their rights especially when it comes to Texas non-subscriber workers’ compensation law.
What Should I Do If My Employer Is A Houston Work Injury Non-Subscriber?
If you’ve been injured at work and your employer is a non-subscriber to the Texas workers’ compensation system, you may be feeling overwhelmed and unsure of what to do next. After all, you cannot simply file a workers’ comp claim like many other injured workers.
The good news is that you still have options for seeking compensation and recovering from your injuries. Here are some important steps to take if you find yourself in this situation.
First and foremost, always seek medical attention as soon as possible after the accident. Your health and well-being should always be your top priority. Even if your employer doesn’t provide workers’ compensation coverage, you still have the right to receive necessary medical treatment for your injuries. Documenting your injuries and receiving proper medical care will not only help you heal but also serve as valuable evidence for your case.
Next, it’s important to report the accident to your employer. Even if they aren’t required by law to carry workers’ compensation insurance, they still have a responsibility to address and investigate workplace accidents. Make sure to provide a detailed account of the incident and any resulting injuries. It’s also a good idea to keep a record of all communication with your employer regarding the accident and your injuries.
After reporting the accident, never wait to consult with a Houston work injury lawyer. An experienced attorney can guide you through the legal process, help you understand your rights, and advocate for your best interests. They can also help you navigate the complexities of dealing with a non-subscriber employer and pursue compensation through alternative means, such as a personal injury lawsuit.
When choosing a work injury lawyer, look for a firm with a track record of success in handling work-related injury cases. Consider their experience, reputation, and commitment to fighting for injured workers’ rights. A skilled attorney will be familiar with the laws and regulations surrounding non-subscriber employers and can effectively negotiate with insurance companies or litigate your case in court if necessary.
The good news is that you can find everything you need at Armstrong Lee & Baker LLP. Our dedicated work injury lawyers will fight tirelessly on your behalf, seeking the compensation you deserve. We regularly handle both subscriber and non-subscriber work injuries claims, and we can evaluate your best options.
If your employer is a non-subscriber to the Texas workers’ compensation system and you’ve been injured at work, you must take the appropriate steps to protect your rights and seek compensation.
Seek medical attention, report the accident to your employer, and consult with a Houston work injury lawyer who can guide you through the legal process and fight for your best interests.
Texas Workers’ Comp Benefits Overview
If your employer has workers’ compensation coverage, you may be wondering what benefits are available to help you after your work injury. The workers’ compensation is a system designed to provide benefits to workers who suffer injuries on the job.
Understanding these benefits can help you navigate the complex process and ensure you receive the care and support you need.
Medical treatment
One of the primary benefits of workers’ comp is medical treatment. If you have been injured on the job, you are entitled to receive medical care related to your injury. This includes doctor visits, surgeries, physical therapy, and any other necessary medical treatment. The goal is to help you recover fully and get back to work as soon as possible. It is important to note that you must see a doctor approved by your employer’s workers’ comp insurance carrier in order for your treatment to be covered.
Wage replacement
In addition to medical treatment, workers’ comp also provides wage replacement benefits. If you are unable to work due to your injury, you may be eligible to receive a portion of your lost wages. The amount you receive will depend on the severity of your injury and the length of time you are unable to work. These benefits are typically calculated based on a percentage of your average weekly wage prior to the injury. It is important to keep in mind that workers’ comp benefits are not typically the same as your full wages, but they can provide a much-needed financial lifeline during your recovery.
Vocational rehabilitation
Another important benefit of workers’ comp is vocational rehabilitation. If your injury prevents you from returning to your previous job, you may be eligible for vocational training or job placement assistance. This is designed to help you acquire new skills and find meaningful employment that accommodates your injury. The goal is to help you regain your independence and maintain your financial stability.
Always understand that workers’ comp benefits are not automatic. You must file a claim with your employer’s workers’ comp insurance carrier in order to start the process. It is recommended to do this as soon as possible after your injury to ensure your claim is not denied due to missed deadlines. Working with our experienced Houston work injury lawyers at Armstrong Lee & Baker LLP can often help your chances of a successful claim.
If you have been injured at work in Texas, workers’ comp benefits can provide crucial support during your recovery. These benefits include medical treatment, wage replacement, and vocational rehabilitation. It is important to file a claim promptly and work with a knowledgeable attorney who can guide you through the process.
What Is The Time Limit For Filing Workers’ Compensation Claims In Texas?
If you have been injured on the job in Houston, always understand the time limit for filing a workers’ compensation claim. First, you must report your injury to your employer within 30 days to begin the process.
Then, in Texas, the deadline for filing a workers’ compensation insurance claim is one year from the date of the injury or the date the employee knew or should have known about the injury. This means that you have a limited window of time to take legal action and seek the benefits and compensation you deserve.
Filing a workers’ compensation claim can be a complicated process, so you should always immediately seek the guidance of an experienced work injury lawyer in Houston who can help you navigate the legal system. We can ensure that you meet all the necessary deadlines and requirements to maximize your chances of a successful claim.
Delaying or failing to file a workers’ compensation claim within the one-year time limit can result in the loss of your right to seek benefits. This can make it difficult to cover medical expenses, lost wages, and other costs associated with your work-related injury.
Additionally, it is worth noting that there are certain exceptions to the one-year time limit. For example, if you were under the age of 18 at the time of the injury, you may have additional time to file a claim. Our attorneys at Armstrong Lee & Baker LLP can assess the specific details of your case and determine if any exceptions apply to your situation.
Always be aware of the time limitations for filing a workers’ compensation claim in Texas if you suffer a job-related injury or illness. Consulting with our knowledgeable work injury lawyers can help you understand your rights, meet all necessary deadlines, and increase your chances of a successful claim. Don’t wait, take action to protect your rights and secure the compensation you deserve.
Maritime Industry Work Injury Claims
Work injuries can occur frequently in the maritime industry due to the unique challenges and hazards that workers face. From offshore drilling rigs to shipping vessels, employees in this industry often work in demanding and dangerous conditions. If you have suffered a work injury in the maritime industry, it is crucial to understand your rights and the legal options available to you.
Navigating a maritime work injury claim can be overwhelming, which is why it is essential to have an experienced attorney by your side. At Armstrong Lee & Baker LLP, we have extensive knowledge in handling maritime industry work injury claims. Our team of dedicated attorneys is committed to helping injured workers obtain the compensation they deserve.
One of the key aspects of maritime work injury claims is understanding the legal framework that governs these cases. Maritime law is a complex area that encompasses various statutes and regulations, including the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and the General Maritime Law. These laws provide specific protections and remedies for injured maritime workers, including compensation for medical expenses, lost wages, pain and suffering, and more.
Proving negligence is a critical element in maritime work injury claims. You must demonstrate that your employer or another party’s negligence contributed to your injury. This can involve investigating the circumstances surrounding the incident, collecting evidence, and consulting with industry experts to build a strong case.
In addition to negligence, it is also crucial to establish the severity of your injuries and their impact on your life. Our attorneys work diligently to gather medical records, consult with medical professionals, and assess the long-term effects of your injuries. We understand that work injuries can have devastating consequences, both physically and financially, and we will fight tirelessly to secure the compensation you need to recover and move forward.
If you have been injured while working in the maritime industry, do not hesitate to seek legal representation. The team at Armstrong Lee & Baker LLP is here to guide you through your work injury claim. We will work tirelessly to protect your rights, hold the responsible parties accountable, and help you obtain the compensation you deserve. Contact us today to schedule a consultation and let us begin fighting for your rights as an injured maritime worker.
An experienced non-subscriber attorney can help you work out the contours of your case to increase your chances of getting the compensation you deserve.
Our Work Injury Attorney at Houston Fights for the Rights of Injured Workers
Contact our Texas workers comp lawyers today. If you have been seriously injured in a work accident and your employer is a non-subscriber and does not have workers’ compensation insurance coverage, you may have questions about how you will get the benefits you deserve.
Contact the Houston work injury lawyers at Armstrong Lee & Baker LLP today to get the help you deserve.
Please contact us online or call us for a free consultation at 832-402-6637.
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Scott Armstrong
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his client’s behalf. In the process, he has recovered millions for his clients.
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.
