Understanding Nonsubscriber Claims In Texas

Texas Companies Without Workers' Compensation Insurance

Most of the states in our country require employers to have workers' compensation insurance. Texas, however, makes it optional. In fact, many employers (including Wal-Mart, one of the largest employers in the world) do not carry workers' compensation insurance in Texas.

If a Texas employer opts-out of workers' compensation, it must instead make alternate arrangements to provide injured workers with medical benefits and financial compensation. Some choose to pay costs out-of-pocket. Others will establish employee benefit plans. However, many who opt-out of workers comp will be self-insured through nonsubscriber insurance.

The reason most Texas employers choose to be nonsubscribers over having workers' compensation insurance is because it is generally less expensive in the long-run. Being self-insured allows these employers much more control over what benefits they will give. It also allows them to specify which doctors injured workers can see. Unfortunately for the injured worker, these doctors are often sympathetic to the employer's desire to minimize claims and deny benefits. This is not good news for workplace accident victims.

Employer Liability For Work Injuries

At Davie, Valdez & McElroy, P.C., we know that injured employees in Texas are often not treated fairly by their employers. We also understand that these workers are confused and frustrated with the bureaucracy and red tape.

If your employer has denied benefits after you were injured at work, if your benefits have been cut off before you have recovered completely, or if you have not received adequate compensation for your work injuries, our lawyers can help. We can file a claim on your behalf.

In a nonsubscriber injury claim, we must prove that you were injured due to the negligence of your employer. Even if you employer was deemed negligent by only a small percentage, it is enough to entitle you to compensation. Additionally, if you were injured by the full or partial negligence of a co-worker, you are also entitled to compensation through your employer's nonsubscriber insurance.

If You Were Injured At Work, Our Lawyers Can Help

The bottom line is — if your employer does not have workers' compensation insurance and you are injured, you can sue them in civil court for financial compensation. As your legal counsel, we will help you bring a non-subscriber claim in order to collect. Contact our El Paso law firm today at 915-838-1100 to learn more.

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