In Texas, employers are not required by law to carry workers’ compensation insurance, so when workers are injured, what rights do they have? If you’ve been injured on the job or have developed an occupational illness, one of the first things you should do is determine if your employer is a subscriber or a nonsubscriber.
- If your employer is a subscriber…
If your employer is a subscriber, this means that your employer provides workers’ comp insurance under the Texas Workers’ Compensation Act (TWCA). Your employer should have notified you at the time of your hiring if they provide these benefits.
The TWCA benefits both the employer and the employee. When an employee accepts workers’ compensation benefits, the employer is protected against any lawsuits arising out of that incident. Workers’ comp benefits, if approved, can include medical expenses and partial recovery of lost wages.
- If your employer is a nonsubscriber…
If your employer is a nonsubscriber, this means that they do not provide workers’ compensation benefits in the event of an occupational illness or injury. Because nonsubscribing employers do not carry workers’ compensation insurance, any employees who are injured or become ill due to the employer’s negligence can sue for compensation. Successful lawsuits could allow injured workers to recover more than they would under the TWCA.
Nonsubscribers and Private Insurance Policies
If your employer is a nonsubscriber, there is a chance that they have a private insurance policy that protects them against lawsuits and provides some form of compensation for injured workers. Often, it is more difficult for injured workers to claim benefits under these private policies as opposed to workers’ compensation insurance. Employees must meet certain qualifications, such as:
- Immediate reporting of the injury/illness;
- Use of approved medical providers only;
- Mandatory attendance of all doctor’s appointments;
- Strict adherence to the doctor’s orders; and
- Close communication with your employer to keep them informed of your injury status.
Have You Been Injured on the Job in East Texas? Call Us!
The work injury attorneys at Sloan, Bagley, Hatcher, Perry, Runge, Robertson and Smith Law Firm are here to help you. Contact our firm today for a free consultation so that we can review your case and provide you with the information you need following an on-the-job injury.
Call (800) 730-0099 today or fill out a free online case evaluation form.