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Starting at the Beginning: Determining the Employer’s Workers’ Compensation Status
We can thank our lawmakers (and the insurance lobby who pays for their lunches and nice vacations) for today’s difficulty in understanding workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp insurance. Roughly one in two employers subscribe to the program. So, workers’ comp injury cases are divided into two separate types that require altogether different methods and strategies to resolve. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your serious injury reimbursement, the first order of business is to determine whether or not your employer is one or the other. More Information here
Workers’ comp benefits are paid out of a “pool” of funds. This pool is stocked by private insurance carriers that participate in the program. It pays injury claims while it protects subscriber-employers from lawsuits and generally disregards the legal rights of employees. Whether the employer is negligent does not figure into the equation. Workers’ comp reimbursement amounts are limited or “capped.” So when an employee is seriously hurt, the monetary benefits they can receive often fall way short of what is actually needed to return to physical and fiscal health. Now workers’ comp does provide some compensation to employees who are injured on the job site. But it’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. And subscribing employers cannot be directly sued for the more appropriate amount of fair damage compensation.
On the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must first file a claim with the employer’s private liability insurance company or a lawsuit in civil court if the employer is not covered or has no insurance at all. Fortunately, for the injured party, the prerequisites that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance are not as stringent as they once were. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents due to these relaxed standards.
Since workers’ comp is cheaper than traditional employer liability insurance, one would assume all companies would be wise and purchase workers’ comp instead. There’s no accounting for those who live dangerously (and pay higher rates) by not subscribing to workers’ comp because it is comparatively cheaper than private liability coverage. So many employers still choose to roll the dice and take the risk of being a non-subscriber. Then, when the odds catch up with them, they try to avoid a lawsuit and lie to you by claiming that they have workers’ comp when a worker is injured. These employers may try to quickly pay you benefits you would normally receive from workers’ comp, then ask you to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook for the actual damages you are owed. But we don’t fall for this oft-used employer trick and neither should you
This is one of many examples of how you benefit from an experienced Texas workers compensation lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal avenues are available to you. Once we have identified the nature of your employer’s workers’ comp standing, we then move forward together to secure your injury compensation.
The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.
So if you or someone you love has been hurt on the job, our attorneys can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice.