While many states require employers to offer worker’s compensation insurance, Texas does not. This means that many businesses in Hutto are labeled non-subscribers, indicating they decided not to purchase any coverage. If an employee gets injured at a non-subscriber workplace, they might find themselves in a difficult position. Instead of receiving free medical care and wage reimbursement after a work injury, they must instead sue their bosses or fellow employees directly if they want to pursue compensation. This can require paying out of pocket for medical bills before filing a lawsuit in a local courtroom.
If you get hurt on the job and your employer does not subscribe to a workers’ compensation insurance plan, a Hutto workplace injury lawyer can help. A dedicated injury attorney can explain the concept of an employer being a non-subscriber and how this affects your rights after suffering an injury.
Most employees around the country enjoy protection under a workers’ compensation insurance program as a matter of law. Sadly, this does not apply to many workers in Hutto and around the state. For instance, Texas Labor Code § 406.002 says that, with the exception of public employers, providing workers’ compensation coverage to employees is strictly elective. This means that it is entirely legal for employers not to offer this protection to their employees.
When a business does not offer worker’s compensation, they become a non-subscriber. Companies that do this often assume their workplaces are safe enough that employees will not suffer harm while on the job. This is a gamble because a company is directly liable for any injuries that occur due to their own negligence.
However, if an employee does get hurt at a non-subscriber business, they can directly sue their employer for their losses. This strategy can often be impactful, since the monetary value of a plaintiff’s setbacks might be worth more than a standard worker’s compensation claim would offer. A Hutto attorney can further explain the benefits of using a civil claim to pursue compensation for a work injury.
It is key to understand that, when using a civil claim to hold a business accountable for a workplace injury, a plaintiff needs to demonstrate that the employer or another party’s negligence was the primary cause of the accident in question.
A skilled Hutto lawyer can take the lead in proving this part of a work injury claim. For example, an injury may occur in a warehouse when an employer does not properly maintain a forklift. Similarly, an accident may occur when a fellow employee collides with a worker while driving that forklift. In both these examples, the employer is liable to provide compensation for any injuries and losses. In limited circumstances, even an at-fault coworker or the maker of a defective work tool could share liability.
Financial compensation after a work injury can take on many forms. At the most basic level, demands for payment will seek out reimbursement for all relevant medical expenses. However, monetary damages can also repay for lost income and reduced earning capacity. Additionally, a demand may seek compensation for pain and suffering. Our legal team knows the best way to pursue these payments and can help maximize the potential of a case.
If your employer has made the choice to not provide workers’ compensation insurance, your legal options after a workplace injury are limited. In short, you need to prove that an employer or fellow employee was negligent in allowing your injury to occur. This may only be possible through filing a lawsuit in a local courtroom.
However, this path forward is not without its benefits. Lawsuits against non-subscriber employers can often bring greater compensation than payment through worker’s compensation would provide. A Hutto workplace injury lawyer is here to help you file a claim and protect your rights throughout your case process. Call us today to schedule your initial consultation.