Workplace Accidents (Non-Subscribers to Workers' Comp.)
State Laws Do not Require Employers to Provide Workers’ Compensation Insurance
Most employees around the country enjoy protection under a workers’ compensation insurance program as a matter of law. Sadly, this does not apply to many workers in Houston and around the state. Texas Labor Code § 406.002 says that with the exception of public employers, providing workers’ compensation coverage to employees is strictly elective. This means that it is entirely legal for employers to not offer this protection to workers.
We call these employers non-subscribers. Working for a non-subscriber is dangerous because there is no oversight over your medical treatment. Simply put, the employer controls who you can and cannot see and what treatment you receive. Many times, employers will refuse to pay for treatment if the employee requires treatment beyond urgent care. This leaves the employee injured, in pain, and unable to work. To make matters worse, the company’s contracted doctors are financially motivated to minimize your injuries in order to keep their lucrative contracts with these big corporations.
We understand the tactics that some employers use to try and avoid paying compensation to their employees and will fight tooth and nail to ensure that you receive the compensation you deserve. We are known throughout Texas for representing Texans against the biggest corporations in Texas and winning justice for our clients.
Pursuing Negligent Employers to Pay for what you Deserve
If an employer is a non-subscriber, an injured employee’s only option to collect compensation after an injury is to sue that employer in court. However, unlike workers’ compensation claims that center around a no-fault model, non-subscriber claims require an injured individual to prove that another party’s negligence was the cause of the accident that led to their injuries. For example, an injury may occur in a warehouse when an employer does not properly maintain a forklift. Similarly, an injury may occur when a fellow employee collides with a worker while driving that forklift. In both these examples, the employer maybe liable for compensating you for your injuries and damages.
This compensation can take on many forms. At the most basic level, you are entitled to receive payment for your past and future: medical care and treatment, pain and suffering, physical impairment, and lost wages. In many cases, the compensation exceeds the amounts the employee could receive under workers compensation.
If you have been injured on the job and believe that your employer is not properly compensating you for your injuries, don’t wait any longer. Contact Crockett Law today to schedule a free consultation. We are committed to fighting for justice for our clients and helping them get back on their feet after a workplace injury. Call us today and let us help you get the compensation you deserve.