Is it a problem if my employer does not offer workers’ compensation?

No, it is not usually a problem if your employer does not offer workers’ compensation, as there are some Texas employers who opt out of subscribing to it. These employers are referred to as non-subscribers.

If you have been injured on the job and negligence can be shown against the employer and on behalf of the non-subscriber employee, the law in Texas permits filing a direct lawsuit where damages can be recovered. If your employer does not carry workers compensation insurance then they are also barred from asserting many typical defenses, making your claim a bit easier. However, you will also be faced with a question of whether your employer can pay any judgment you might obtain.

Other Workplace Injury FAQs:

• A co-worker told me that I could get some help from an Ombudsman. What does that person do and where would I get help?
• A colleague of mine said any information I might provide regarding a workers’ compensation claim would be available for anyone to see. Is that correct?
• A friend of mine was killed when a trench collapsed. Are those kinds of accidents common?
• Am I entitled to any other forms of payment if I file a personal injury lawsuit for injuries sustained on the job?
• Are partial days lost counted in the total number of days lost from work due to an injury for which injured persons may be compensated?
• Are workers’ compensation benefits taxed?
• Can I file a personal injury claim and a workers’ compensation claim?
• Can my employer fire me if I have been hurt while on-the-job?
• Do all work injuries on the job have to be reported? I injured myself at work and never formally reported the injury, but my supervisor knows about it.
• Do rates of compensation vary? How are they figured out?
• Does OSHA work with all workers?
• I am going to have to file a dispute with regard to my Workers’ Compensation claim. What is involved in that process?
• I am supposed to see a designated doctor for an examination. Do I have to go?
• I am worried about any of my private information getting out or being shared around to other agencies. Is the material in my claim file confidential?
• I fell at work because of a poorly constructed scaffold. My co-workers said I need to speak to an attorney. Do I need a lawyer?
• I fell from scaffolding while I was on a jobsite? Is my employer liable?
• I got hurt while on the job today. What types of work related injuries are covered?
• I have been off work for several months due to an injury, but am recovering well. I think I am ready to go back to work, but I have not been cleared to go back yet. What are my options?
• I have some serious concerns about the safety in my workplace. Can I report this somewhere?
• I was hurt on the job by a third-party. What does that mean for my workers’ compensation claim?
• I was hurt on-the-job and want to know what kind of work-related injures are covered if I am able to file a personal injury lawsuit?
• I was hurt on-the-job. Should I file a personal injury claim or a workers’ compensation claim?
• I was in a car accident on the way work. Do I file a workers’ compensation claim or a personal injury accident claim?
• I was told that if I take time off to go to the doctor or physiotherapist or to attend another therapeutic session for recovery, it counts as lost time. Is that correct?
• I work for a large Texas construction company and there are several workplace issues that should be reported. Is that something I can do?
• If I am eligible to seek compensation from the court in the form of a lawsuit, what compensation may I receive for my injuries?
• If I am injured on the job, who pays for prescriptions?
• If I do get workers’ compensation benefits, are they taxed?
• If I have been injured while at work, am I allowed to see my own doctor?
• In terms of compensation for an injury on-the-job, which is the best route to pursue, a workers’ compensation claim or a personal injury claim?
• In Texas, when is a workplace injury not covered by a workers’ compensation policy?
• Is it a problem if my employer does not offer workers’ compensation?
• Is the Texas company that I work for required to carry workers’ compensation?
• Is there a defined period of time in which I must report a workplace injury to my employer?
• Is workers’ compensation my only recourse for an injury sustained at the workplace?
• My colleague was injured at work. Is he required to report the accident?
• My doctor told me I have developed seriously inflamed lungs leading to a pre-cancerous condition as a result of working with hazardous chemicals on my jobsite. Can I file a personal injury lawsuit against my employer?
• My employer and I do not see eye-to-eye on my workers’ compensation benefits. What are my options to move forward?
• My employer does not have workers’ compensation. I was injured at work. What should I do?
• My employer does not have workers’ compensation insurance. What does that mean for me?
• My husband fell from the scaffolding at this workplace and sustained serious head injuries that subsequently killed him. Does workers’ compensation apply to me?
• My insurance provider denied my claim. What do I do now?
• Should I be concerned about safety at work?
• The company I work for does not offer workers’ compensation coverage. I fell at work and was severely injured. What options do I have?
• What are employers responsible for if OSHA can impact them?
• What are some of the common causes of accidents on a construction site?
• What are the most cited standards in the workplace?
• What do common injury costs include?
• What do I do if I have been injured on the job?
• What happens to an accident claim if my employer does not have workers’ compensation?
• What is counted in figuring out whether or not a worker has lost more than one day of work due to an on-the-job injury? Is the date of injury counted?
• What is OSHA, and how does it affect job safety?
• What rights do I have as a worker?
• What types of injuries are covered under workers’ compensation in Texas?
• What types of workplace injuries are covered under workers’ compensation?
• What would I likely get for my injuries on the job?