January 28, 2019
Many Texas Non-Subscriber employers do not tell you they have “opted out” of Official Texas Worker’s Compensation coverage. Why? Maybe they want to fool their employees into believing they have Official Texas Workers’ Compensation Coverage when they really don’t.
They may send you to clinics, pay some benefits, and have adjusters. They may even call their system “Worker’s Comp.” But the clinics, nurses, and the adjusters all work for your employer.
So what is the advantage to employers pretending to have Official Texas Workers’ Compensation? Simply put, they don’t want their injured employees to know this important fact: You can sue your Non-Subscriber employer for all your damages.
Under Official Texas Worker’s Compensation, you only receive medical care and limited wage replacement benefits. Employees of Non-Subscribers can sue their employers for negligence, and if they win, they can recover money damages for pain and suffering, mental anguish, physical impairment, disfigurement (scarring), lost earning capacity, damage to your marriage, and future damages – none of these are available under Official Texas Worker’s Compensation.
Non-Subscribers Work Injury Plans
Many Texas Non-Subscriber employers have work injury plans that provide medical and wage replacement as well as other benefits, but many of them have traps. Some employers make their employees sign waivers, where you sign all your rights away in order to receive medical care. They want you to sign these waivers before you talk to a lawyer. Why? Because no experienced work injury lawyer would ever allow a client with a valid negligence claim against a Texas Non-Subscriber employer to sign any waiver.
If you have suffered a work injury, you should never sign anything for your employer, until you have talked to an experienced injury lawyer. We provide an initial review of your case at no charge.
As an employee, it’s important to know that if your employer has Official Texas Worker’s Compensation Coverage, there are complex rules that control your claim. You may lose your rights to benefits under Official Texas Worker’s Compensation or most Non-Subscriber plans unless you follow the applicable rules. That’s why it’s important to know if your employer has the Official Texas Worker’s Compensation Insurance, or is a Non-Subscriber. You need to talk to an experienced work injury lawyer. Give Sandoval & Waldman a call at (713)688-4878, to learn more and to take the guesswork out of your worker’s compensation case. Our firm offers a free initial case evaluation.
DO YOU HAVE A CASE?
3RD PARTY CASE
If your injury at work was caused by a 3rd party (someone other than your employer or coworker) or a defective product, such as a machine, tool, or equipment, you might qualify for a 3rd party case, even if your employer had the Official Texas Worker’s Compensation Plan.
YOUR EMPLOYERS CAN BE RESPONSIBLE FOR YOUR INJURIES
If your employer is a Non-Subscriber, your employer can be held legally responsible for your injuries, if there was negligence (fault) on your employer, a coworker, or a supervisor. Your employer can be responsible for a failure to train, improper equipment, or poor safety policies and procedures. A branch of the U.S. Department of Labor called OSHA is responsible for overseeing worker safety on job sites, but OSHA is an overworked and underfunded agency. As a result, only a fraction of job injuries are investigated by OSHA.
According to OSHA statistics, one in ten construction workers is injured each year. Fall safety standards are violated the most. According to OSHA, fall injuries account for the majority of reported job site accidents. Employers are expected to inspect and maintain their equipment regularly to ensure workers safety, which can be costly and take time. Therefore, it is common for Texas employers to “cheat” and sacrifice the safety of the employees to save money.
Read More: Work Injuries under Non-Subscriber Plan
Protecting you and your family from injuries caused by negligent employers is one of our jobs as Texas Work Injury attorneys. You may find self-help or “Do It Yourself” resources on the Internet, if you attempt to research these subjects. We welcome your research. But when you need ACTION, you need an experienced work injury attorney. We have been fighting for your rights for years. We know the difference between words and action.
Many of our clients research medical issues on the internet. If you suffered a serious injury at work, and you needed surgery, would you be your own surgeon?
Then why would you attempt to be your own lawyer? Think of us as your work accident attorneys, ready to help you when you need ACTION!