Being injured on the job can turn the life of the injured worker upside down. For that reason, injured Texas workers should be familiar with what they can do if it turns out their employer does not carry workers’ compensation insurance and they have been injured on-the-job.
What is a nonsubscriber employer?
It may come as a surprise to injured workers and their families that workers’ compensation insurance is option in Texas and may also be the cause of some worry and concern. Texas allows employers to choose not to carry workers’ compensation insurance. In its place, however, workers injured on-the-job have protections to be familiar with.
What happens if my employer does not have workers’ compensation insurance?
When a worker has been injured on the job and learns that their employer does not carry workers’ compensation insurance, discovering that information may cause understandable alarm. Employers who opt out of workers’ compensation in Texas must make an alternative available to employees who are injured while on the job to help them with their medical and financial difficulties due to the injury.
Employers who do not provide workers’ compensation may decide to pay for the costs associated with a worker’s injuries out-of-pocket or through an employee benefit plan. Self-insured employers are likely to still have some coverage from the state which also provides them with some protections. Nonsubscriber employers have opted out of the state system entirely and are not protected from being sued by an injured worker.
Obtaining benefits from a nonsubscriber employer
Injured workers need help with their medical and financial losses which is why they need access to medical benefits help and financial compensation. Nonsubscriber employers who were negligent by any percentage in the accident that led to the worker’s injuries must compensate injured workers for their losses including:
- Physical losses such as past and future medical expenses;
- Financial losses such as past and future lost wages;
- Emotional losses such as pain and suffering and mental anguish; and
- Past and future impairment.
It is important for injured workers and their families to be familiar with how to make a claim for their injuries and harm in Texas based on the status of their employer and to know what to do if they have been denied the help they need. Trained guidance can help injured workers through the complexities of the process to obtain the compensation they need to get through a difficult time following a workplace injury.