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What Should I Do if My Employer Does Not Have Workers' Compensation Insurance?

What Should I Do if My Employer Does Not Have Workers' Compensation Insurance?

Texas workers’ compensation law is unique in that it does not require employers to carry workers’ compensation insurance. Employers who do not have workers’ compensation insurance are classified as “non-subscribers.”

Without workers’ compensation insurance, injured employees may not have a direct outlet for receiving compensation after an on-the-job accident. However, there are other methods you can use to be compensated.

Report the Injury to Your Employer

Your employer may not have workers’ compensation insurance, but may have another system for handling worker injuries. For example, they may utilize an accident insurance or health insurance plan to cover work injury expenses. It may be helpful to review your employer’s work accident policy to see what they expect in the event of an on-the-job injury.

You should report your injury to your employer so they are aware of the issue. Regardless of how your employer handles work injuries, reporting an accident promptly lets them know that you are injured and can strengthen your claim.

If your employer does not compensate you for your injuries through an insurance policy, you may be able to negotiate time off to recover from your injuries or discuss their method for compensating employees following a work injury.

You Can File a Lawsuit Against an Uninsured Employer

Although workers’ compensation insurance gives employees a way to recover benefits following an occupational accident, the system also limits employees’ options for holding employers accountable for their negligence. Workers’ compensation is a no-fault system, so employees cannot sue their employer for negligence if they collect workers’ compensation benefits.

If an employer is not insured, the no-fault rule does not apply. Injured employees can sue their employer for negligence if the employer is a non-subscriber. This includes employers who rely on accident insurance or another alternative compensation plan — the state of Texas does not consider other insurance plans as an apt substitute for workers’ compensation insurance, so employees are still able to sue their employer even if they have an alternative coverage plan.

Our Attorneys Can Help You

Daspit Law Firm can assist you through every step of your workers’ compensation case. We can help you recover compensation for your injuries, lost wages, and other expenses resulting from an on-the-job accident.

Whether your employer has workers’ compensation insurance or not, our legal team can help you. We are available to discuss your work injury claim at no cost to you.

Contact us online or call (888) 273-1045 to schedule a free consultation with our attorneys.