November 05, 2018
Texas is one of the states that does not require that all businesses maintain workers’ compensation insurance for all employees. This can be both good and bad for the injured worker. The main benefit, if your employer does not have workers’ comp but has insurance to cover work injuries, they are very likely a Non-Subscriber and have waived the protection against being sued by injured employees. However, the real problems begin initially when the employer denies the injury is work-related, even when it is obvious. This is particularly true when the injuries can appear to have resulted from age or naturally occurring health changes (Pre-existing Conditions).
Regardless of material case facts, any Non-Subscriber employer in Texas will strongly defend any personal injury claim when they think they have an argument against the claim. That is why it always best to retain an experienced workplace injury attorney when your employer has no workers’ compensation insurance coverage.
When an employee is injured on the job, employers first instinct is to minimize the exposure they may have to litigation. Employers and their management will go to surprising extremes to convince themselves and everyone else that the incident causing an employee’s injury did not occur or had nothing to do with the company’s practices. Unfortunately, while the employer and their management are in defense preparation mode, the injured employee’s only real concern is getting treatment so that they can get better fast and back to work. This is where the separating of interests begins. Providing treatment to the injured employee is delayed while investigation, meetings, discussions and defense planning is being done. Defending against any potential lawsuit is top priority and the Company is required to cooperate with the insurance company in preparing their case. This is why, if your injured, don’t sit on your rights! Find out the answers fast and enable your lawyer to represent your best interest. With so many doctors in Texas, there is no other reason for delaying your treatment other than to buy time for planning a defense.
Deceptive Insurance Adjusters
Also, the major players in the defense planning are the insurance representatives. Insurance adjusters are trained negotiators who understand how to manipulate a claimant by questioning during an investigation of a claim. It actually starts from even a first phone call. It is very important to answer succinctly in concise statements when talking to insurance company agents and do not embellish your account of what occurred. It is actually best to not answer any questions without legal counsel present who can offer immediate advice regarding the line of questioning. Having an experienced workplace injury attorney means this type of interference in a claim will be held to a minimum and a legal motion can be filed quickly when a claim is denied. Do not go at it alone but if you do, be very careful of artfully crafted questions about how the cause of your work injury.
Medical Evaluation Requests
Another tactic a non-subscriber employer or their insurance provider will use is requesting a medical evaluation from a defense paid third-party doctor, who is always ready to provide an alternate diagnosis or prognosis. In many ways, a personal injury legal action comes down to an argument between medical professionals as much as legal professionals. The jury, but more likely an arbitrator, is charged with the responsibility to find the truth within the evidence supplied by each party. A personal injury attorney can advise you on whether going to see such a doctor is in your best interest in anyway. Usually, it is not, especially when the appointment with this doctor appears to be scheduled right smack in the middle of treatment.
If you have been injured on the job and you work for any of the NON-SUBSCRIBER EMPLOYERS listed HERE, call Sandoval & Waldman
Anyone who has been injured at work in Texas should remember that being a victim of an accident at work can create a very contentious situation when the employer has no workers’ compensation insurance. Always hire a Texas personal injury attorney who can conduct an investigation into the injury and craft a solid case for maximum damages. Unlike workers’ compensation claims, employers who are self-insured or non-subscribers can be sued for damages not typical in a worker’s compensation claim. Certain injury cases can be very complex, but it always takes an aggressive attorney with an excellent track record of results for their 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 at 713.688.4878
You have rights and he can help you understand them.