How Can I Prove My Injuries in a Non-Subscriber Work Accident Case?

After a workplace injury that was not your fault, you may be wondering what recourse you have to make up for what happened. In Texas, employers can choose to opt out of the state’s workers’ compensation program.

Employers who opt out are known as “non-subscribers.” Texas law permits employees of non-subscriber employers to receive compensation for workplace injuries if they can show their employer was negligent.

If your employer does not have workers’ compensation insurance, there are certain steps you should take to increase your chances of obtaining the compensation you deserve for your injuries.

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What is a Non-Subscriber?

In Texas, not all employers subscribe to the state’s workers’ compensation insurance program. These employers are known as non-subscribers. When you work for a non-subscriber, it means your employer has opted out of the traditional workers’ compensation system, which can significantly impact how you seek compensation if you’re injured on the job.

Unlike the typical workers’ compensation system, where you receive benefits regardless of fault, in a non-subscriber case, you must prove that your employer’s negligence caused your injuries. You have a heavier burden to establish that your injury was directly related to your work and resulted from unsafe conditions, inadequate training, or some other form of employer negligence. The absence of traditional workers’ compensation coverage means you may need to file a personal injury lawsuit against your employer to recover damages.

Types of Injuries Covered by Non-Subscribers

When dealing with a non-subscriber employer, you can seek compensation for various injuries sustained in the workplace. These injuries range from acute, traumatic incidents to conditions that develop over time due to unsafe working conditions.

One of the most common types of injuries involves slips, trips, and falls. Whether you slipped on a wet floor, tripped over an obstacle, or fell from a height due to a lack of proper safety equipment, these incidents can cause serious harm, such as fractures, sprains, and head injuries. These injuries can be directly linked to an employer’s failure to maintain a safe working environment.

Workplace accidents involving machinery or vehicles can lead to severe injuries, including amputations, crush injuries, or traumatic brain injuries. These types of injuries often have life-altering consequences, making it even more critical to establish that the employer’s negligence was the cause.

Evidence You Can Use to Prove Your Injuries

Proving your injuries in a non-subscriber work accident case requires gathering strong evidence demonstrating the extent of your injuries and the employer’s responsibility for the unsafe conditions that led to the accident. The evidence you present must link your injuries to the work environment and show that the employer’s actions or inactions were the direct cause.

First and foremost, you should seek immediate medical attention after the accident. Medical records are one of the most compelling pieces of evidence proving your injuries. These records will document your injuries, treatment, and ongoing care you might need. Detailed notes from your doctor, including any recommended restrictions or the potential for long-term disability, will strengthen your claim.

Eyewitness statements are another crucial form of evidence. Coworkers or others who witnessed the accident can provide testimony that supports your version of events. Their statements can confirm the presence of hazardous conditions, describe the employer’s negligence, and verify that you were injured due to these factors.

Expert testimony can also be powerful in proving your injuries. Medical experts can testify about the severity of your injuries and the necessary treatment, while safety experts can discuss how the employer’s negligence contributed to the unsafe conditions. This testimony can help establish the direct link between your work environment and your injuries.

How To Prove a Work Injury-Related Case

Proving a non-subscriber work injury requires thorough record-keeping. Keep detailed records of all your medical treatments and expenses throughout your recovery process.

Important records include hospital bills, prescription receipts, and any other expenses related to your injuries. It is also helpful to take photos and videos of the accident scene and to collect statements from witnesses who saw the incident.

The purpose of gathering all this evidence is to build a case showing that your employer’s negligence caused your injury. The law requires you to prove certain elements to prove negligence, and this evidence could make or break your case.

An experienced attorney will know how to gather and present evidence to make your claim as strong as possible. 

To establish negligence, you must first establish that your employer owed you a duty of care to provide a safe environment. This duty includes, but is not limited to, an obligation to provide proper training, perform proper maintenance of equipment and machinery, and ensure compliance with safety regulations.

On the other hand, employers have no duty to warn employees about blatantly obvious hazards. If a commonly known hazard injured you, a jury would be hard-pressed to find negligence on the employer’s part. 

Once you establish the employer’s duty of care, you must show they breached that duty. A breach of duty might be a failure to properly train employees, maintain equipment, or provide personal protective equipment.  

Even if you can show your employer breached their duty of care, you also have to show that there is a clear link between your employer’s actions, or inaction, and your injuries. 

If you were consuming drugs or alcohol, “messing around” on the job site, or participating in off-duty recreational activities, proving the employer’s negligence caused your injury would be extremely difficult.

After proving the first three elements, the last element you must prove is damages. Seeking medical attention and keeping detailed records is the best way to prove this element.

Conversely, the employer will want to show that you failed to take reasonable steps to mitigate your injury or manage treatment costs. Although Texas law allows employees to choose their doctors, the treatment and cost must be reasonable.

Contact a Lawyer Who Understands Non-Subscriber Work Injury Claims

If you believe your employer’s negligence caused your workplace injury, you need an experienced workers’ comp attorney to help you maximize your compensation.

Proving a non-subscriber work injury requires a thorough investigation and a comprehensive understanding of the law. At Armstrong Lee & Baker LLP, we have won tens of millions of dollars in compensation for our injured clients.

You can be confident that our attorneys will invest the time and resources needed to get you the best outcome possible. Contact us today for a free consultation to learn how we can help you with your workers’ compensation claim.

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

Get in touch with C.J. Baker now.