What Is Non-Subscriber Insurance?
In Texas, private employers are not required to subscribe to the state’s workers’ compensation program.
Companies that do not participate in the state’s program are called “non-subscribers.” Non-subscribers can opt for self-insurance, or they can purchase non-subscriber insurance from a private company.
While non-subscriber insurance provides employers with more flexibility, it also exposes them to potential legal action from injured employees.
Non-subscriber insurance provides more flexibility for employers because they have more control over the benefits they offer to injured employees and can tailor their coverage to fit their needs.
Employers can choose the level of coverage they want to offer and can often save money by excluding certain types of injuries or illnesses from coverage.
Because of this, non-subscriber insurance often offers more immediate medical care to injured employees.
Under the state-run program, injured employees may be required to wait for approval for certain types of medical treatment or may be limited to a specific network of providers.
With non-subscriber insurance, employers can choose the medical providers and treatments that they feel are best for their injured employees, allowing for more timely and effective care.
Compared to the state-run program, non-subscriber insurance also allows employers to more easily contest questionable claims.
Employers can negotiate settlements with injured employees or choose to go to court. Doing so can help employers avoid fraudulent claims and limit their exposure to litigation.
Overall, for employers, non-subscriber insurance can be less expensive than participating in the state-run program. It allows employers to manage costs more effectively and help them remain competitive.
What to Do After a Work Injury
There are several important steps you can take to help you build a stronger compensation claim after a work injury.
First, seek medical attention. Treatment is the first and most important step to take. Getting medical attention will ensure you receive the care you need, and it will create a record of your injury that will be important in any potential legal action.
You should also notify your employer of your injury as soon as possible. Notifying your employer will start the process of filing a claim for benefits and will also create a record of your injury within the company.
If possible, collect evidence of the circumstances surrounding your injury, such as witness statements, photographs, or video footage. Evidence helps support your claim and provides a clearer picture of what happened.
Next, contact Armstrong Lee & Baker. Although the non-subscriber insurance process differs from other workers’ compensation claims, an experienced attorney will be familiar with both and can help you fight for maximum compensation.
Do I Need a San Antonio Worker Injury Attorney?
In Texas, employees can sue a non-subscriber employer for work-related injuries under the state’s negligence laws.
If an employee is injured on the job and can prove that the employer was negligent, they can file a lawsuit to recover damages.
An employee can prove negligence by showing that the employer failed to provide a safe workplace, train employees properly, or maintain equipment adequately.
If an injured employee decides to sue their non-subscriber employer, the burden of proof will be on the employee to demonstrate the employer’s negligence.
The employer, in turn, will have the opportunity to defend themself against these claims.
An employer’s defense will likely involve presenting evidence to show that they took reasonable steps to ensure a safe workplace or that the employee was solely responsible for their injuries.
An employer might try to show they implemented a comprehensive safety program that prioritizes employee safety and minimizes the risk of accidents.
The employer might also try to show that they provided proper training, ensured the equipment was in good working order, and conducted regular safety inspections.
Implementing good record-keeping practices to prove their commitment to workplace safety is in the employer’s best interest. Without records, it could be difficult for the employer to prove they were not negligent.
Because non-subscriber insurance claims can be complex, it is important to consult with an experienced San Antonio work injury attorney who can help you navigate the legal process and protect your rights.
Armstrong Lee & Baker can also help you to gather evidence, negotiate with your employer, and represent you in court if necessary.
If I File a Lawsuit, What Can I Recover?
When an injured employee files a non-subscriber insurance claim, they may be eligible to recover a range of damages.
Damages may include compensation for medical bills, lost wages, and pain and suffering.
If an injury prevents an employee from working, they may be able to recover lost wages, including past income that they would have earned had they not been injured. If an injury causes a permanent disability that prevents an employee from working, they may be able to recover damages to compensate them for the loss of future earning potential.
It is important to note that the damages an employee may recover will depend on the specific circumstances surrounding their injury and the steps the employer took to avoid that type of injury.
Need a Workers’ Comp Lawyer in San Antonio?
If you were injured at work and your employer has non-subscriber insurance, you need an experienced work injury attorney in San Antonio to help you maximize your compensation.
At Armstrong Lee & Baker LLP, we are problem solvers. We are fighters.
We are trial attorneys. In 2022, Super Lawyers selected Scott Armstrong and Joshua Lee for their Rising Stars list, which is a distinction only 2.5% of attorneys in Texas earn.
This was Scott’s sixth time being selected and Joshua’s third time. You can be confident that our attorneys will invest the time and resources needed to get you the best outcome possible.
Contact us today to learn how we can help you with your workers’ compensation claim.