January 21, 2019
You need a Houston Work Accident Attorney on your side.
Houston Non-Subscriber employers are companies who do not have “real” Texas Official Worker’s Compensation. They have their own injury plans. They may call them “worker’s comp” and have medical and even weekly cash benefits, but they are not part of the Official State of Texas Worker’s Compensation system. They have no State of Texas Department of Insurance oversight. In fact, they do not answer to anyone but themselves. You know some of these companies because many of them are large companies. Walmart, Kroger, Home Depot, are all non-subscribers. But there are many more.
Non-Subscriber companies may tell you (in documents you sign when you are hired, or in signs posted in a break room) that they do not subscribe to worker’s compensation.
If you are injured, and you work for a Non-Subscriber, all the rules are different. The company’s Plan, and not Texas law, governs whether you receive medical care or other benefits, and for how long you receive them. The company’s employee administrator, and not Texas law, determines when the company can cut off medical treatment or other benefits from you.
If you are injured on the job, and you work for a Non-Subscriber, you can expect the adjuster, the “nurse” assigned to your case, and even the clinic you are sent to, all work for the benefit of the company.
READ MORE: Work Injuries under Non-Subscriber Plan .
So, who is on your side?
Hire a Houston Work Accident Attorney to Protect Your Rights.
First, we can tell you if your employer is a Non-Subscriber, or participates in Texas Official Worker’s Compensation.
When you are injured on the job, you can suffer a massive deficit, both financially and emotionally. For many families, the loss of one income can be devastating and can affect the ability to pay living expenses. You may become dependent on family members or go into debt. Medical bills may pile up if your employer denies your medical care.
The loss of income and the pain of an injury create anxiety. You worry about your health, and your ability to support your family.
Other families who have suffered the death of a loved one on the job are dealing with a financial burden, as well as terrible grief. And they want answers. Why did this happen? Who is responsible? Who will take care of our children?
Because the stakes are so high, it is critical that you find attorneys for employees of Non-Subscribers who have the experience and skill to fight for you. In Houston, work accidents occur every day. OSHA cannot keep up with all industrial activity, and many employers do not report accidents. Many employers and their insurance companies cover up responsibility for injuries to workers. Even your coworkers will often turn a blind eye to dangerous activities at work because they need the job.
Our Houston based work accident attorneys and personal injury attorneys at Sandoval & Waldman want to make sure that your rights are protected. So, here are a few things to keep in mind about employers who are non-subscriber to Texas worker’s compensation in Houston.
READ MORE: As an employee of Texas Non-Subscriber, why does it take so long to get real treatment after an injury?
What Is Worker’s Compensation?
Worker’s compensation, also called “worker’s comp,” is insurance coverage, based on a system of compensating employees for injuries on the job. It is a legal system created by statute, with rules established by the Department of Insurance. Employees receive medical and wage replacement benefits when they are injured on the job. In return, the employee is not permitted to sue the employer for damages in court (in most cases). Texas is one of two states that allow employers to “opt out” of Official Worker’s Compensation, and either have no coverage, or have alternative plans. When an employer “opts out” of Official Worker’s Compensation, we call that employer a Non-Subscriber.
When an employee is covered by Official Worker’s Compensation (when the employer is a “Subscriber”), there are very detailed rules, administered by the Texas Department of Insurance, which must be followed, for the employee to receive all the benefits to which he or she is entitled. At Sandoval & Waldman, we work with other law firms which have expertise in handling Official Worker’s Compensation claims.
When an employee is injured, and the employer is a Non-Subscriber, there are completely different issues, and each of those cases must be evaluated on its own facts. It is important that a seriously injured Texas worker talks to an experienced Texas work injury lawyer as soon as possible after the injury, to determine if the employer is a Non-Subscriber, and to receive legal advice on how to proceed with his or her claim. At Sandoval & Waldman, we provide that initial case evaluation at no cost.
There are some other steps you should take if you are injured on the job.
When an injury first occurs, you should immediately have someone call for an ambulance or seek medical treatment immediately. Failing to seek medical treatment is often used by insurance companies as a basis for denying you were injured.
Even if you think your injury is minor, you should still seek a medical evaluation. Your injury may be worse than you suspect, or it may get worse. Do not try to be your own doctor!
Also, immediately report your injury to your employer. You may be required to fill out an Accident Report. You should provide as much detail as possible, and explain why the accident occurred. If the accident was the fault of someone else or a defective piece of equipment, take the time to put that on the report. Do not wait to do this – do it immediately! Do not sign any reports or forms that are blank, or that have inaccurate information!
Do not give a recorded statement to anyone, until you have talked to an experienced work injury lawyer.
Call Sandoval & Waldman, and we will discuss these steps with you in more detail.
There are many other steps along the path of a claim that can create traps for an injured worker. We cannot cover them all here.
No matter where you are in your claim, it is never too late to call a lawyer.
But it may be too late to save your case, so do not delay – CALL NOW!!