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Legal Options for Non-Subscriber Workplace Injuries in Texas

As a general rule, Texas employers are required to provide workers’ compensation insurance coverage for their employees. In the event of a workplace injury, this coverage is typically the exclusive remedy for an employee, with limited exceptions for gross negligence or intentional acts resulting in wrongful death.

However, some employers may opt out of the workers’ compensation system, which makes them nonsubscribers. In these cases, an injured employee may have legal recourse to sue their employer for damages caused by negligence.

Non-Subscriber Employers in Texas

Many large employers in Texas are electing not to carry workers’ compensation coverage, which means they are deemed nonsubscribers. In the event of a work-related injury caused by negligence, an employee may sue the nonsubscriber employer for damages. The employer may not use the defense that the employee was contributorily negligent, assumed the risk of injury or death, or that the negligence of a fellow employee caused injury or death. If the employer was even partially negligent for causing the incident and injuries, the employee could potentially recover full damages against the employer.

Negligence and an Unsafe Workplace

Negligence and an Unsafe Workplace

To bring a successful lawsuit against a nonsubscriber employer, the employee must show that the employer was negligent and failed to maintain a safe workplace. An unsafe workplace may include failing to provide proper tools, training, and warnings, creating safety policies and procedures, monitoring or supervising the employee, and instructing the employee.

Employee Benefit Plan and Lawsuits

An employer that opts out of the workers’ compensation system may still carry an employee benefit plan that provides insurance to cover work-related injuries and claims. However, this benefit plan does not change the nonsubscriber status of the employer, nor does it prevent the employee from filing a lawsuit. The employee needs to understand the specific deadlines and procedures in the event of a work-related injury and maintain a copy of the benefit plan. The benefits plan may reduce the statute of limitations and provide arbitration instead of court as the forum for proceeding with the lawsuit. Employees should not execute a post-injury claim waiver unless they are confident they do not want to pursue a lawsuit.

Employee Benefit Plan and Lawsuits
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Workers Compensation Claims

An employer that opts out of the workers’ compensation system may still carry an employee benefit plan that provides insurance to cover work-related injuries and claims. However, this benefit plan does not change the nonsubscriber status of the employer, nor does it prevent the employee from filing a lawsuit. The employee needs to understand the specific deadlines and procedures in the event of a work-related injury and maintain a copy of the benefit plan. The benefits plan may reduce the statute of limitations and provide arbitration instead of court as the forum for proceeding with the lawsuit. Employees should not execute a post-injury claim waiver unless they are confident they do not want to pursue a lawsuit.

Third-Party Claims

If another company or an employee of another company caused your work related injury, you may have a separate claim against the third party in addition to your Texas workers’ compensation claim. In these cases, different deadlines will apply to separate claims.

Contact a Nonsubscriber Lawyer in League City, Texas

If you have been injured at work and your employer does not carry workers’ compensation insurance or a third party is responsible for your work-related injury, contact Burwell Nebout Trial Lawyers in League City, Texas. Our experienced nonsubscriber and third-party attorneys can help you understand your legal options and pursue the compensation you deserve.

Case Result

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.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdictt

Record setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

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