September 25, 2018
What Employee Injury Coverage Does Your Texas Employer Carry?
Texas Employers and their insurance companies strongly defend employee work injuries, especially when they are a non-subscriber or self-insured and have elected to go outside of the Texas Workers’ Compensation program.
Generally, the workers’ comp system is in place to protect both the worker and the employer, allowing quick access to benefits for employees while protecting employers from being sued in Court. Many employers still elect not to carry workers’ comp and take advantage of this protection. Why? Well, there may be a myriad of reasons but, it is important to understand that they are all very likely driven by the motivation to reduce costs to the employer.
Those employers refusing to carry Texas Workers’ Comp typically fit into three categories:
- Small businesses (Uninsured) with few employees that make a financial decision to skip out on paying the premiums required for worker’s comp.
- Self-Insured Corporations with the financial ability to pay injury claims themselves when employees are injured.
- Non-Subscriber Employers that hire an insurance company that offers an alternative to workers’ comp through an ERISA based injury benefit plan (Employee Injury Insurance Plan) and administered by a third party (Third Party Administrator) whose job it is to save the insurance and insured company money.
If you have been injured on the job and you work for any of the NON-SUBSCRIBER EMPLOYERS listed HERE, call Sandoval & Waldman.
The problem for these three groups is that, regardless of what election they have made, they are not exempt from being sued for failing to provide a reasonably safe workplace.
Early retention of an aggressive and experienced Work Accident Lawyer to represent you in a work injury case will give you the confidence to know that you are receiving the care and benefits you deserve. A Texas work injury lawyer shares a common goal with an injured client, to help get the client healthy again or to the best health condition possible so that then, and only then, that insured client can decide whether to try to resolve your case or move forward to trial or arbitration.
How Worker’s Compensation Coverage Protects Employers
Workers’ compensation insurance is designed for employees to receive insurance coverage for medical bills and wage replacement quickly when they are injured on the job. Texas, like most states, has a designated court system for handling these claims, but even the state officials can be difficult when it comes to proving an injury is work-related. Because the law provided that when a company has workers’ comp, it is the exclusive remedy for injured workers, employees are not allowed to file a personal injury suit for long-term damages in the typical case, but this is not a restriction for employers who opt-out of the worker’s comp program as Non-Subscribers or Self-Insured Companies. In many cases, when an employee is injured working for a non-subscribing or self-insured employer, the employee could see better options because there is that risk to the employer that they will face having a judgment against them in Court or in Arbitration.
What Your Texas Work Injury Lawyer Can Do
A Texas Personal Injury Attorney who focuses on Workplace Injuries will understand how to investigate the injury producing incident and the company for violations of safety rules and federal and state safety regulations. The attorney can then gather evidence regarding non-compliance on the part of the employer. The employer’s insurance company also conducts an investigation into the incident looking for reasons to deny the claim, including technicalities that they will use to deny any payment of benefits. The investigation and defense of the claim begins immediately following the injury incident. So, almost immediately, the injured employee is behind in preparing his case against a negligent employer. Time is of the essence and your work injury lawyer needs to work quickly.
Damages (What is Recoverable?)
While employers who comply with the workers’ compensation law can be insulated from general damages, those who have No Workers’ Compensation Insurance are liable for full damages when a work accident injury lawyer can prove in court that the injuries are related to a valid work accident. Compensation can be received for all past and future: medical bills, lost wages, Physical Impairment, Disfigurement, physical pain and mental anguish. Injuries that result in a disability require the expertise of an experienced work accident attorney who understands how to craft a case for full financial reimbursement for the reminder of a working career. Even a reduction in capacity to perform the same job duties in the future can be claimed in a case.
As you can see, work injury cases can be complicated and often require testimony from co-workers or witnesses to the incident who can verify the events and practices that lead to the injury. Attempting to handle a workplace injury claim personally can prove futile. It is best to retain an experienced and aggressive work accident lawyer who knows what to expect from a self-insured or Non-Subscriber employer and can build a solid case for maximum damage award. The lawyer you choose can make a big difference and having a lawyer you can trust and with a long track record of results for their injured clients.
If you are injured on the job, contact attorney Steve Waldman for a free case evaluation. A workplace injury can cause severe financial hardship, so don’t accept less than the law entitles you.
Contact Attorney Steve Waldman at Sandoval & Waldman, PLLC. You have rights and he can help you understand them.