Normally, Galveston employers are obligated to provide workers’ compensation insurance for their employees, which serves as the main avenue for addressing workplace injuries. This coverage typically serves as the exclusive remedy for employees, except in cases of extreme gross negligence or intent.
However, some employers may opt out of participating in the workers’ compensation system, making them nonsubscribers. In such scenarios, an injured employee might seek legal recourse against their employer for damages resulting from negligence.
Numerous major employers in Texas are choosing not to maintain workers’ compensation coverage, classifying them as nonsubscribers. If a work-related injury occurs due to negligence, an employee has the option to sue the nonsubscribing employer for damages. The employer cannot invoke defenses such as contributory negligence by the employee, assumption of the risk of injury or death, or the negligence of a co-worker causing injury or death. Even if the employer bears partial responsibility for the incident and resulting injuries, the employee may potentially receive full damages from the employer.
To pursue a viable legal case against a nonsubscribing employer, the employee must establish negligence on the part of the employer and a failure to maintain a safe work environment. Indicators of an unsafe workplace may include insufficient provision of tools, training, and warnings, as well as the lack of established safety protocols, monitoring, supervision, and guidance for employees.
Even if an employer chooses not to participate in the workers’ compensation system, they may still offer an employee benefit plan covering work-related injuries and claims. However, this plan doesn’t alter the employer’s nonsubscriber status, nor does it hinder the employee from initiating a lawsuit. It’s crucial for the employee to grasp the specific deadlines and procedures following a work-related injury and keep a record of the benefit plan. This plan might shorten the statute of limitations and opt for arbitration instead of court for legal proceedings. Employees should refrain from signing a post-injury claim waiver unless they’re certain they don’t intend to pursue legal action.
Even if an employer opts out of the workers’ compensation system, they might still provide an employee benefit plan covering work-related injuries and claims. However, this benefit plan does not change the employer’s nonsubscriber status, nor does it prevent the employee from filing a lawsuit. It’s essential for the employee to be aware of the specific deadlines and procedures in the event of a work-related injury and to retain a copy of the benefit plan. The benefits plan may shorten the statute of limitations and opt for arbitration instead of court proceedings. Employees should avoid signing a post-injury claim waiver unless they are certain they do not intend to pursue legal action.
If your work-related injury was caused by another company or one of its employees, you may have a distinct claim against the third party alongside your Texas workers’ compensation claim. In such instances, different deadlines will apply to each individual claim.
If you’ve suffered a workplace injury and your employer does not have workers’ compensation insurance, or if a third party is responsible for your work-related injury, don’t hesitate to contact Burwell Nebout Trial Lawyers. Our Galveston workplace injury lawyers specializing in nonsubscriber cases and third-party claims can help you understand your legal options. Furthermore, pursue the compensation you rightfully deserve.
Automobile Accident
$19.2 million
Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.
Responsabilidad de las instalaciones
$10 million
Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.
Liberty County Record Verdictt
Veredicto de establecimiento de récord
Dos estudiantes de último año de secundaria se dirigían a casa en un tramo de la carretera que había sido objeto de repetidas quejas ante el Departamento de Transporte de Texas (TXDOT) por el mal estado de la banquina. Cuando los estudiantes entraron en una curva, el mal estado del arcén provocó un choque que mató a uno y provocó graves daños cerebrales al otro. Un juicio contra la oficina del Procurador General de Texas resultó en el descubrimiento de registros alterados, una instrucción de expoliación y un veredicto del jurado sin precedentes para el condado de Liberty.
Child brain injuries from an auto accident The safety of your child is of major importance. When others threaten that safety through negligent acts, such as an at-fault auto accident, you may desire to hold those parties accountable. Thankfully, you have the ability to seek restitution through a personal injury claim. If you believe your child may […]
Understanding the Types of Compensatory Damages in a Civil Lawsuit In a civil lawsuit, a plaintiff brings charges against a defendant for a negligent act or wrongdoing. If the plaintiff wins the case, they are given a monetary award. These rewards are also called civil damages, and can be classified in two categories, “compensatory” or […]
Understanding How Much Your Personal Injury Claim is Worth Being injured because of the negligence of another party can change your life. Besides the physical pain and anguish of your injury, you may also have to deal with expensive medical bills, ongoing treatment like physical therapy, and missed time from work. The financial burden that […]
Spanish 
English