My employer does not have workers’ compensation. I was injured at work. What should I do?

Most larger Texas companies carry workers’ compensation insurance. However, some of them elect to operate without workers compensation insurance. Companies that do not offer workers’ compensation are called “nonsubscribers.”

If there is an accident at the workplace and negligence can be shown against the employer, Texas law allows the injured worked to file lawsuit against the company, seeking damages for pain and suffering, lost wages, and mental anguish. They may also file a wrongful death lawsuit if a family member was killed.

The Texas Labor Code does not favor non-subscribers and eliminates many of the legal defenses that they may attempt. The most common example is the defense of comparative responsibility. In Texas, an award to a victim is typically reduced by the victim’s percentage of fault in causing the event. For example, if an award is $100,000.00, but a victim caused 20 percent of the event, then the victim only recovers $80,000.00. In nonsubscriber cases, an employer cannot pursue a defense of comparative responsibility. Thus, if the employee can show the employer’s negligence was 1 percent responsible for the event, then the employer can be held 100 percent responsible for all injuries sustained.

Workers’ compensation law is complex, and it is best to have an experienced attorney helping you to navigate the minefield of filing for and obtaining compensation. Be open to all avenues of filing and recovery and do not accept that if your employer does not have workers’ compensation, that you cannot recover compensation for your work-related injury.

Other Work 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?