Many employers statewide choose to opt out of the workers’ compensation system, which labels them as “non-subscribers.” This is an important distinction since it changes the process associated with seeking legal justice after an accident.
To be more specific, many construction employers in Texas choose not to implement the worker’s compensation system, which makes them liable for any injuries that occur on a job site. Additionally, since construction zones feature so many unique hazards, accident and injuries happen regularly.
If you work in construction and were injured by the negligence of your employer or a third party, a skilled personal injury attorney can be the ally you need. A Universal City construction accident lawyer can figure out what happened, determine how to act against the guilty person or organization, and help you transparently demonstrate that you are not responsible for your injuries.
When an industrial or construction employer decides to carry worker’s compensation, the state provides them with protections, including shielding them from lawsuits when an employee is injured on the job. However, if a construction worker gets at a non-subscriber job site, the employer is not protected in the same way.
For instance, the non-subscriber cannot claim that the team member is partially at fault for the accident. Additionally, a construction employer also does not have the option of claiming another team member or third party is liable, or that the injured employee was aware of hazards while completing their job duties. Instead, when the employer is responsible for the accident in any capacity, a court will usually hold them accountable for damages.
If an injured construction worker needs help determining whether their employer is a non-subscriber, a detail-oriented accident attorney in Universal City can investigate the company and figure out how to best move forward with a case.
When employers choose to opt out of worker’s compensation for their business, state laws establish a few practices that they need to respect. Per the Texas Workers’ Compensation Act, any non-subscriber construction company needs to:
Employers that are out of compliance with state statutes face punishment, including fines. If a construction worker suspects that their non-subscriber employer violated these guidelines in any way, a dedicated lawyer in Universal City can investigate any potential errors and help their client seek restitution.
After figuring out the type of employer involved, proving that they need to assume responsibility for the construction accident is the next major step in the legal process. To prove liability, the injured party will need to transparently demonstrate that the employer’s negligence caused the incident in question. Some common examples of reckless or careless employer behavior include insufficient training, the use of flawed safety equipment, and establishing inadequate safety protocols.
From a legal standpoint, a construction accident claimant usually needs to establish a few different elements. First, they will need to prove that the employer owed them a duty of care. In terms of construction, for example, a company needs to make sure they offer a safe work environment. Then, demonstrating that the employer breached this duty is essential. This can be challenging for a plaintiff who works alone, but a seasoned Universal City attorney simplifies the process of proving negligence in a construction accident claim.
If you were injured while working under the scope of your employment on a construction site, it is vital that you pursue legal representation as soon as possible. The hard-working legal professionals from our firm can help you navigate the process of filing a non-subscriber claim.
For example, a Universal City construction accident lawyer can launch a thorough investigation and compile the evidence required to assemble a compelling case. Call today to get started.