Jobs without workers’ compensation coverage: notification rules

| Oct 8, 2020 | Firm News |

Unlike many states in the union, Texas is unique in that it does not require employers to have workers’ compensation insurance. Instead, many have nonsubscriber insurance. There are many potential challenges if there is no workers’ compensation. Understanding how to proceed if working for an employer without workers’ compensation benefits is crucial, especially after an accident. One fundamental part of a case is whether there was sufficient notification in the workplace.

Notification requirements for employers who are nonsubscribers

In some cases, workers are unaware that the employer does not have workers’ compensation benefits. This could be essential to a case after injury. Employers are required by law to have a prominent notification process informing employees they do not have workers’ compensation coverage. It must be in English, Spanish and any other language that is needed for workers to be clear on the matter. This notice is required to be in the personnel officer if there is one and in a frequently used location where workers will consistently see it.

It must be worded based on the format adopted by the Texas Division of Workers’ Compensation. When employers fail to adhere to these rules, there are administrative penalties that will be assessed. When a new employee is hired, there must be a written notice provided that informs that worker of the policy. Both parties must sign and date the notice and copies should be retained.

If a worker is injured at a nonsubscriber workplace, legal help may be key

The idea behind workers’ compensation benefits is to provide for injured workers so they can focus on recovery by getting medical care and wages during their time off the job. Texas employers who do not have workers’ compensation insurance must have an alternate way to cover workers whether that is paying out-of-pocket or having a benefit plan.

Nonsubscriber insurance is not as costly as workers’ compensation and gives employers a certain level of control over the benefits. In addition, it lets them decide what doctors the employee will see after the injury and during treatment. These factors including the failure to adequately inform workers can be problematic to an injured worker.

Being denied benefits can cause personal and financial problems. For those injured on the job and dealing with nonsubscriber insurance, a failure to adequately inform or any other problem, consulting with a legal professional experienced in pursuing maximum benefits is vital. This can be the difference between getting sufficient compensation and facing an uncertain future.