Although the state of Texas does not require employers to carry workers’ compensation insurance, employees who suffer serious injuries on the job have other options to seek compensation. If your employer is a non-subscriber (doesn’t have workers' compensation) and negligence played a role in your injury, then you can file a non-subscriber claim. Below, we explain what to expect if you’re filing a non-subscriber claim for a workplace injury.

What’s the Difference Between Non-Subscribers and Workers’ Compensation Clams?

Non-subscriber claims must be able to prove negligence on the part of the employer and can result in higher payouts than workers’ compensation claims. Additionally, damages for pain and suffering can be awarded with a successful non-subscriber claim.

Although non-subscriber cases generally take more time to resolve than workers’ compensation claims, employers don’t have the opportunity to avoid responsibility by claiming another employee or party caused the injury. Employers also can’t rely on a contributory negligent defense and argue the employee was partially negligent.

Non-subscriber claims or lawsuits must be filed within two years of the injury, and if the employer is found to be just 1% at fault for the injury, then they must pay 100% of the injured worker’s damages.

Common Obstacles with Non-Subscriber Claims

Proving your employer's negligence is the first major challenge, which is why is it crucial to gather evidence that can be used to explain the circumstances of your injury. During the discovery process, you can use the authority of the court to request documents and obtain deposition testimony that can help prove your injuries resulted from your employer's negligent actions or failure to act.

Employers commonly try to argue their workers are not actual "employees," but independent contractors. Employers use this defense strategy because there is a much lower duty of care owed to independent contractors. Your employer might also try to drag your case along or stall it in an attempt to get you to accept a reduced settlement.

Our Work Injury Attorneys Are Here to Serve You

Daspit Law Firm is here to provide high-quality, aggressive legal representation to injured workers across Texas. If you or a loved one have been injured at work, then please get in touch with our legal professionals so we can discuss your situation and build a strong legal strategy to pursue maximum compensation.

Call (888) 273-1045 or contact us online to schedule your free case consultation today.