How to Handle Non-Subscriber Healthcare Work Injuries

If you are a healthcare worker, you’re an expert in taking care of people who are injured. But when it comes to your own injuries? You might be left with a question or two.

That’s doubly true if your injury comes from your job itself. Workplace injuries are common, but knowing how to navigate the legal process isn’t. And figuring out how to get fair compensation when your employer doesn’t offer a standard workers comp plan can add extra stress and confusion to your healing process.

If this scenario sounds familiar to you, you likely work for a healthcare company that operates on a non-subscriber plan. This is a law that allows Texas companies to handle workplace injuries on their own, rather than through a workers compensation insurance plan.

We’re here to help you if:

• You’ve been injured while working your healthcare job
• Your employer is offering you an unjust settlement for your injury
• You want to learn how best to advocate for your needs

Keep reading for all of the facts you need to make sure justice is served!

Common Healthcare Worker Injuries

Anything can happen during your shift, but some injuries are more commonly seen in the average healthcare worker, including:

• Sprains & Strains – Healthcare workers oftentimes have to help life or move patients, as well as working in awkward or unnatural positions. This can result in sprains or strains, most common in the back
• Slips & Falls – Many of our healthcare clients come to us after suffering from a slip or a fall that can result in sprains, breaks, or chronic pain.
• Patient Violence – Employees who work with those who suffer from behavioral disorders or require memory care are susceptible to injuries from patient violence.
• Repetitive Stress Injuries – Repetitive stress injuries can come from a variety of everyday gestures, including walking, bending, or regular lifting.

Many of our clients come to us confused about what is legally considered a work injury. While the list of scenarios is much longer than we could list here, if your injury happened while you were on the clock, or due to negligence on the part of your employer, you may be entitled to legal compensation.

How much and what kind? We’ll get into that.

What Does Being a Non-Subscriber Mean in the Healthcare Industry?

Your route to receiving compensation for your workplace injuries will depend largely on your company’s policies.

Many companies in Texas choose to offer their employees a worker’s compensation plan. These plans are considered a “no fault” insurance system. Through worker’s comp, you may receive reimbursement for medical care related to your injuries, disability benefits, and compensation for lost hours.

However, Texas allow businesses to operate as a non-subscriber workplace. This means that each individual company can opt out of offering employees traditional worker’s compensation, and instead choose to offer in-house solutions when an employee gets injured.

Non-subscriber workplaces may seem like they offer companies more autonomy, but they also leave them open to legal action from their employees. Why? It all comes down to legal fault.

Understanding “No Fault” vs. “Fault”

As mentioned above, workers compensation plans are considered “no fault” through insurance.

No fault means that the business cannot be held liable for any injuries that occur on their property or while their employees are on a job.

There are a few exceptions to this rule. For example, if the business demonstrates gross negligence or directly harms an employee, legal action can be taken.

Non-subscriber workplaces, on the other hand, do not have these same legal protections. This means that, should you be injured while working your healthcare job, you may be able to file a personal injury lawsuit against the business.

Challenges of Non-Subscriber Claims

Non-subscriber plans weren’t created to be malicious or ill-intended. But in the hands of the wrong people, it can mean that employees are not receiving fair deals. This most commonly manifests as:

• Low Settlement Offers – Because companies do not want you to take legal action against them, they will likely start by offering you a settlement. These numbers often do not fairly compensate employees for work missed, medical bills, and ongoing care.
• Fast Settlements – Non-subscriber businesses are often eager to settle the situation as soon as possible, in order to protect themselves. However, in doing so, they are likely not taking into account any future medical care or costs you may accrue.

Because of this, employees at non-subscriber businesses have to take an active role in negotiating their compensation. This can be intimidating to individuals who don’t understand their legal rights and options.

It’s why we always recommend that those who have suffered from a healthcare work injury at a non-subscriber business reach out to an experienced personal injury lawyer for guidance.

What Makes a Work Injury a Personal Injury Case?

Many of our clients come to us, confused about what the difference is between a workplace compensation case and a personal injury case.

The key difference, as we touched on above, is fault. Because non-subscriber businesses do not operate on the no-fault, it leaves them open to a personal injury case. However, in order for the case to be valid, the plaintiffs (or victims) must be able to prove negligence on behalf of the employer.

Establishing Negligence in a Healthcare Work Injury Case

Negligence is defined as failure to provide reasonable care, and can apply to both the actions one takes and the ones that they do not take. In the case of a healthcare employer, this could include:

• Failure to update facilities or equipment
• Failure to hire or provide proper staffing
• Providing inadequate training and supervising
• Poor security set ups

Sound familiar? If these problems or similar situations caused you to become injured, you may be able to establish negligence and file a personal injury lawsuit.

Establishing negligence requires clear proof that can be directly traced to the result of your injury. Working with a personal injury attorney can help ensure that you have all of the evidence you need to create a strong case.

Client Reviews

What our clients are saying about us

Kirby C.

Google Review

I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance. I tried a dozen or more lawyers and no one would take my case. I lost my house in Texas so right as I was moving back to where I was from, Florida, I called Armstrong Lee & Bkaer. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take. Over the next year, Adam because a friend and a member of the family. I found him brilliant and personable and when needed he found for me. In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me! If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

Majah W.

Google Review

I had been injured at work, and the attorneys at Armstrong Lee & Baker fought for what I was owed. I’m graciously appreciative for their attentiveness and swiftness with handling my case. Shout out to Lindsey W.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

View More Reviews on Google Maps.

How To Prove Negligence In A Healthcare Work Injury Case

Proving negligence is the cornerstone of your case. Luckily, there are some clear steps you can take to set yourself up for success.

1.) Seek Immediate Medical Attention

After getting injured, it is crucial that you seek medical attention right away. Prompt medical care can help ensure that your injury doesn’t get worse. From a legal perspective, it can also help strengthen your case. Delayed medical attention could be used against you in court..

2.) Document Everything

We understand that when you are injured, the last thing on your mind is keeping track of bills and receipts. However, when it comes to proving negligence, having proper documentation is key. Be sure to keep track of every bill, receipt, appointment, doctor’s note, and the amount of time off work you’ve taken.

3.) Reach Out To A Personal Injury Lawyer

The best way to ensure a successful case is to work with a team who has direct experiences with situations like yours. Be sure to ask if they have experience dealing with both non-subscriber businesses and healthcare work injuries.

What Are The Benefits Of Working With a Personal Injury Law Firm?

When a company offers you a settlement, they will make it seem like you can work it out with them on your own. This, of course, benefits them, in the long run. Dishonest teams will count on your inexperience, and use that to help you settle for less than you are worth.

Working with an experienced personal injury team will help ensure that you are fairly compensated for every part of your injury, including physical and emotional strain, medical bills, medical leave, and continued care.

At Armstrong, Lee, & Baker we’ve helped our clients recover over $40 million dollars in compensation. As a Texas-based law firm, we have years of experience working with employees of non-subscriber companies, and can help guide you through the process with confidence.

Are you ready to get the compensation you deserve? Contact our team today to set up your no-cost consultation with one of our legal professionals.

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.

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