Non Subscriber Workers Compensation Texas

What Is a Non-Subscriber Employer?

• Posting Notices: They need to put up a notice about their lack of coverage and inform their employees in writing. This way, everyone knows the company’s insurance status and what it means for them.
• Filing Forms: Non-subscribers must file DWC Form-005, Employer Notice of No Coverage or Termination of Coverage, by April 30 each year or when their coverage ends. This keeps the Texas Department of Insurance in the loop about their insurance status.
• Reporting Injuries: If they have five or more employees, non-subscribers must report work-related injuries and illnesses using DWC Form-007, Employer’s Report of Non-covered Employee’s Occupational Injury or Disease. This helps ensure workplace safety and holds employers accountable.

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Texas non-subscriber workers’ comp claims are more complicated than ordinary workers’ comp claims. Most employers in Texas have regular workers’ compensation insurance. When a worker gets injured at work, this insurance covers their injuries, pays their medical bills, and pays any lost wages due to the work injury.

But under Texas law, some employers can opt out of the normal workers’ comp system. These employers are referred to as non-subscribers, and if you work for such an employer and get injured, you can’t go through the normal workers’ comp route to get compensated.

You can still recover compensation, but it’s through a different system. This different system is called non-subscriber workers’ compensation in Texas and could involve a lawsuit filed directly against your non-subscribing employer.   

So if you are suffering from a work injury in a non-subscribing company, you need a lawyer who focuses much of their practice on non-subscriber work injury cases. The law firm of Armstrong Lee & Baker LLP has been fighting for the rights of injured workers for decades. Our lawyers use their skills and knowledge to fight for the compensation you deserve. Our firm has the resources to take on huge corporations and insurance companies, so give us a call and let us put our experience to work for you.

Understanding Texas Workers Compensation Law and Non-Subscriber Employers

Texas is the only state that does not mandate workers’ compensation insurance, which means employers can decide not to carry Texas workers’ compensation non-subscriber insurance.

Companies that make this choice are called “non-subscribers” because they choose not to subscribe to this important insurance.

If an employer does carry this insurance, employees must go through workers’ compensation if they get injured, which typically means they cannot sue their employer for damages.

However, if your employer is a non-subscriber, you can sue them for full damages if you get injured at work. As of 2019, almost 20% of Texas employees work for companies that are non-subscribers. 

However, the law applies slightly differently to non-subscribers, and there are various defenses they can assert in work injury cases. For instance, your employer can claim that:

• The injury took place outside the course and scope of your employment;
• You signed a waiver of rights after the injury;
• You were intoxicated with drugs or alcohol at the time of the injury;
• You intentionally inflicted the injury yourself; or
• You suffered injuries because of a known hazard.

Your employer can also use the “routine job” or “routine task” defense in Texas non-subscriber cases.

What Is the Routine Job Defense?

If your employer is asserting the routine job defense, they are claiming that they cannot be held liable for your injury because the job was routine and not hazardous.

The logic behind this claim is that if the job was routine and not generally viewed as hazardous, there was no way your employer could have foreseen that you would suffer injuries. And because they could not predict it, there was no way they could have taken steps to prevent your injury.

Understanding the Role of the Routine Job Defense Within the Larger Legal Landscape

Now you might be wondering how this defense fits into your case. Texas non-subscriber cases require employees to demonstrate their employer was negligent. To prove negligence, you would need to prove four things.

• Your employer owed you a reasonable duty of care. To prevail on this point, you need to show that you were an employee of a non-subscriber company and that you were acting in the course and scope of employment.
• Your employer breached their duty of care to you. Proving breach means showing that your employer took or failed to take specific actions and that behavior put you in harm’s way (e.g., failing to post safety signs, giving you faulty safety equipment, or failing to conduct routine maintenance on work tools). 
• Your employer’s breach of duty caused your injury. Here, you will need to prove that your employer’s careless act (or failure to act) caused your injury (e.g., your employer failed to put a warning sign by an open manhole, causing you to fall in the manhole because you did not see it).
• Your employer’s breach of duty resulted in your damages. In this context, damages can include things like physical injuries, mental trauma, medical bills, and lost wages.

The routine job defense focuses primarily on the “causation” and “breach” elements. Your employer will try to argue that your injury was unforeseeable because of the kind of job you were doing.

If they are successful, you may not be able to prove negligence because there was no possible way for your employer to foresee that you would be injured.

Non-Subscriber Cases Are Similar to Other Negligence Cases

With simple workers’ comp cases, you receive only the payment of your medical bills and reimbursement for any lost wages.

But non-subscriber cases are different. Non-subscriber cases are similar to other injury cases based on negligence, such as car and truck collisions, slips and falls, and defective products.

In non-subscriber cases, you can go after your employer if they were negligent and that negligence caused your work injury.

You can potentially receive compensation for:

• Past lost wages;
• Future lost earning capacity due to ongoing or permanent disability;
• Medical bills and the cost of future necessary work-related medical treatment;
• Loss of life’s pleasures;
• Pain and suffering;
• Impairment; 
• Disfigurement;
• Loss of consortium; and
• In rare cases, you may be able to get punitive damages.

Punitive damages are rare because they are not intended to compensate you for losses. Instead, they are meant to punish your employer for activity beyond mere negligence and for outrageous or intentional misconduct that caused the injury.

An experienced workplace injury attorney can work to increase your chances of getting the compensation you need.

These can be complex cases that require very experienced lawyers who understand the law covering non-subscriber workers’ compensation in Texas.

The Role of the Adjuster in a Texas Non-Subscriber Case 

In a non-subscriber work injury claim, insurance adjusters play a crucial role in determining the outcome of your claim. Here, we will explore how adjusters can impact non-subscriber work injury cases and the obstacles they might put up for employees trying to obtain benefits or compensation.

After you suffer a work-related injury, your non-subscriber employer will typically refer you to the work injury insurance adjuster. Adjusters in a non-subscriber work injury claim are responsible for assessing the validity and extent of the claim. Their primary duty is to investigate the incident, review medical records, and negotiate settlements on behalf of the insurance company. While the purpose of insurance adjusters should be to facilitate a fair resolution, their actions can significantly influence the outcome of the claim.

What Are Some Common Obstacles?

While talking to an insurance adjuster is often portrayed by your employer as a necessary step to receive compensation, it also determines if the insurance company needs to pay any compensation at all. Some common obstacles presented by insurance adjusters include:

Delayed claim processing. Insurance adjusters may intentionally prolong the claims process, causing financial strain on the injured employee who cannot work during this time. 

Disputing injury severity. Adjusters often contest the severity of the injury or may argue that it is not the employer’s responsibility. This dispute can lead to a reduced settlement offer or a complete denial of the claim.

Lowball settlement offers. Insurance adjusters may make low settlement offers to resolve the claim quickly and save the insurance company money. Employees who are unaware of their rights and the true value of their claim may accept these offers out of desperation.

Medical evaluation manipulation. Insurance adjusters may require injured employees to undergo medical evaluations by doctors of their choice, who may be biased toward the insurance company. These evaluations can downplay the severity of injuries or attribute them to pre-existing conditions.

Due to these obstacles, it is essential to consult with a work injury attorney before you talk to an insurance adjuster or accept a settlement for your non-subscriber claim.

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. 

Why You Need a Lawyer

When you’re hurt while working for a company that’s a non-subscriber to workers’ compensation in Texas, having a lawyer by your side is essential. Here’s why you need legal representation if you find yourself in this situation

Complexity

First and foremost, navigating the legal complexities of a non-subscriber workers’ compensation case can be incredibly challenging. With a lawyer who understands the intricacies of Texas labor laws and personal injury claims, you can assert your rights and effectively pursue the compensation you deserve. A knowledgeable attorney can guide you through the legal process, explaining your options and advocating on your behalf.

Protecting Your Rights

Another reason to hire a lawyer is to ensure you receive fair compensation for your injuries and losses. Non-subscriber employers may offer settlements that are far below the actual value of your claim in an attempt to minimize their financial liability. Without legal representation, you may not realize the full extent of the compensation you’re entitled to. An experienced attorney can assess the value of your claim, negotiate with the opposing party, and advocate for a settlement that adequately reflects the harm you’ve suffered.

In addition, having a lawyer ensures you have someone to protect your interests and fight for fair compensation. Non-subscriber employers may try to claim your injuries aren’t severe or claim you were responsible for the accident. Without legal representation, you may be at a disadvantage when negotiating with your employer or their insurance company. A skilled attorney can counter these tactics and work to secure the maximum compensation available for your injuries and losses.

Gathering Evidence

A lawyer can also help you gather evidence to support your claim and strengthen your case. This may include obtaining medical records, collecting witness statements, and consulting with expert witnesses to assess the extent of your injuries and their impact on your life. By building a solid foundation of evidence, your attorney can bolster your claim and increase the likelihood of a favorable outcome.

Following Procedures

Non-subscriber workers’ compensation cases often involve complex legal issues and procedural requirements. From filing court documents to meeting deadlines for discovery and trial, there are several legal hurdles to navigate throughout the litigation process. Attempting to handle these tasks alone can be overwhelming and may jeopardize your chances of success. With a lawyer handling these matters on your behalf, you can rest assured they’ll protect your legal rights and pursue your case diligently and effectively.

Support and Guidance

A seasoned lawyer can also provide invaluable support and guidance. Suffering a workplace injury can be physically, emotionally, and financially draining. From coordinating medical treatment to managing paperwork and communication with insurance companies, there are many tasks to juggle while trying to heal. By entrusting these responsibilities to a lawyer, you can focus on your recovery and well-being, knowing that your legal matters are in capable hands.

With a skilled Houston workers’ compensation attorney, you can confidently pursue your claim and work toward obtaining the justice and compensation you deserve for your injuries and losses.

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. 

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.

Rules About Texas Non-Subscriber Insurance

In Texas, most businesses and other employers have a choice about whether or not to “subscribe” to workers’ compensation insurance.

Under a workers’ compensation policy, the employee may recover wage replacement benefits and compensation for injury-related medical expenses.

However, there are limits depending on the type of policy that the employer has, the pertinent facts, and the law at play in that situation. Workers cannot sue or hold their employers responsible if they are subscribed to workers’ compensation. 

By contrast, employers who do not subscribe to workers’ compensation insurance (i.e., “Texas non-subscriber insurance”) can be sued by employees who suffer injuries on the job.

Workers can seek to recover compensation by filing personal injury lawsuits. The employee is responsible for proving the elements of a work-injury case, including establishing that their employer or someone who worked for their employer was negligent. 

Texas employers who do not subscribe to the state workers’ compensation program may take out different insurance policies to cover some aspects of work injuries.

If the employer’s insurance does not adequately compensate the employee or if the provider denies coverage, workers can still file a lawsuit to recover a financial award.

Before accepting compensation from your employer, it is a good idea to talk to an attorney. You want to ensure you understand the implications if you take the offer.

An attorney can also help you determine if it is in your best interest to accept the settlement versus pursuing a personal injury lawsuit. 

What Damages May I Be Able to Recover for a Work Injury as a Non-Subscribing Employee?

As an injured employee whose employer does not subscribe to workers’ compensation, you may be able to recover damages in a personal injury lawsuit against your employer.

Under Texas law, the compensation available to you includes economic, noneconomic, and, in rare cases, exemplary (or punitive) damages. 

An economic damages award reimburses you for the financial burden of the work injury. This might include compensation for your medical bills, prescription costs, lost wages, and physical therapy fees.

Typically, a damages award encompasses past expenses and those you reasonably expect to incur in the future because of the accident or injury, such as lost earning capacity or future medical care. 

Noneconomic damages compensate you for the emotional, psychological, and societal costs of the injury. For example, this category provides financial relief to address the pain and suffering you experienced because of what happened. 

Finally, courts award exemplary damages in the uncommon case where it is necessary to punish an at-fault employer. Typically, exemplary damages are reserved for claims with evidence of fraud, malice, or gross negligence. 

Texas Case Law Safe Work Environment Non-Subscriber Employers

Regardless of their status as a subscriber or non-subscriber, Texas employers must maintain a safe work environment for their employees. For example, they must implement safety protocols, properly train their employees and management, provide necessary equipment and breaks, and so on. 

If an employer fails to provide a safe work environment and a worker is injured, the employer may be held liable if they are a non-subscriber. On the other hand, subscribers are not held responsible (in most cases). 

Employer Defenses in the Texas Labor Code Non-Subscriber 

The Texas Labor Code non-subscriber allows employers to assert limited defenses if their employee files a personal injury lawsuit against them due to an on-the-job injury.

The employer can allege that the worker intentionally caused their injuries or did something to cause themselves harm intentionally. The second defense is that the employee was intoxicated while on the job when they were injured. 

The Texas Non-Subscriber Injury Lawyers at Armstrong Lee & Baker LLP Fight for the Rights of Injured Workers

If you were injured and are wondering how to file a workers’ comp claim in Texas, we have the answers.

If you have a Texas non-subscriber workers’ compensation claim, the best thing you can do for yourself is to contact the right law firm.

The attorneys at Armstrong Lee & Baker LLP will help you get the compensation you deserve. Please contact us online or call us for a free consultation at 832-402-6637.

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 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.

Get in touch with Scott Armstrong now.