Does My Employer Have Workers’ Compensation Coverage?
What is a Non-Subscriber?
When you are injured on the job, you immediately start to have concerns about how you are going to pay for medical treatment and whether you are going to continue to receive a paycheck. In order to determine what types of benefits you may be entitled to, you will need to find what type of insurance your employer has that may cover injuries to its employees.
You may be surprised but, in Texas, companies ARE NOT REQUIRED to carry insurance that covers injuries to their employees. Smaller companies often have insurance that covers any personal injury or property damage that they may cause while they are operating their business but, this type of insurance does not cover injuries to its own employees. Therefore, there is often confusion about whether injured workers are receiving the benefits they deserve.
If you are injured on the job, you may be facing one of a few possible scenarios:
· Your Employer has NO INSURANCE at all! Generally, this means if you get injured because of your employer’s negligence, you could only sue him or the company directly and recover from what assets your employer or the company may have, depending on how the business is set up with the State;
· Your Employer only has a General Commercial Liability Policy! This type of policy does not provide coverage for injuries to employees or contractors;
· Your Employer is a Texas Workers’ Compensation Subscriber and has insurance to cover injuries to employees. This means you will be covered but, the Workers’ Compensation rules are very specific and you may need help making sure you get the right treatment and benefits before you are sent back to work!;
· Your Employer is a NON-SUBSCRIBER. The Company has its own insurance plan (Not Texas Workers’ Compensation) that provides benefits and covers injuries to employee while on the job. These are Non-Subscriber Employers. There are several companies that have their own insurance plans that cover injuries to employees. Some examples are: Stripes, Wal-Mart, Kroger, Academy, Home Depot, Target, La Michoacana Meat Market, HEB, and many other well-known companies in Texas.
Figuring out if you have benefits can be a difficult process and often times employers are not so willing to cooperate and help you figure it out. Therefore, if you are injured on the job, it is important you take the proper steps to make sure you haven’t affected your ability to claim your benefits.
Here are some recommendations If you are injured on the job:
1. Report the injury no matter how minor it may seem! Make sure you have discussed your injury with a supervisor and that it has been documented.
2. Seek medical treatment as soon as possible. If there is insurance and you have reported your injury, you should be receiving a call from an insurance representative to let you know where you can go for “Approved” medical care.
3. If you reported the injury and no one is contacting you and you are in pain, do not wait, go to the doctor or hospital and get seen by a medical professional. There is no reason to compromise your health just because the company’s insurance is dragging their feet.
4. Do not ignore your injury! Don’t decide not to report it because you don’t think it was a serious injury or because you think you can work through it. In the end, this doesn’t help you when you end up having to file the claim a few days or weeks later.
5. Speak to an lawyer to discuss your options! It may be the last thing on your mind but, you need someone who is thinking clearly to help you get through the process and answer any questions you may have along the way.
Protect your Rights!
Protect your Family!
Call Sandoval & Waldman, PLLC at 713.688-4878 (HURT)
Hector L. Sandoval, Abogado
Sandoval y Waldman, PLLC.