Everyday Texans are injured on the job. Their injuries usually result in needing medical treatment and time off of work. A common question our attorneys encounter from injured employees is, “how do I receive compensation for my workplace injury?” This question largely depends on whether your employer has Workers’ Compensation or is a non-subscriber.
What is Worker’s Compensation?
Workers’ Compensation is a statutory insurance plan that provides income and medical benefits if an employee’s injury or illness is “covered.” An injury or illness is covered if it was sustained in the course and scope of employment, i.e., while furthering or carrying on the employer’s business. Injuries and illnesses are not covered if they were the result of the employee’s horseplay, willful criminal acts or self-injury, intoxication from drugs or alcohol, voluntary participation in an off-duty recreational activity, a third party’s criminal act if directed against the employee for a personal reason unrelated to work, or acts of God. If you were injured at work and your employer has Workers’ Compensation, your sole remedy against your employer is the income benefits and medical benefits provided under your employers’ Workers’ Compensation plan. Therefore, you cannot sue your employer for any negligence.
However, if a third party contributed to your injuries, you may file a lawsuit against the third party for negligence. A common example is when an employee of a general contractor who subscribes to Workers’ Compensation is injured by the negligence of a subcontractor. While the employee cannot sue the general contractor, the employee can sue the subcontractor for negligence regardless of whether the subcontractor subscribes to Workers’ Compensation.
What is a Non-Subscriber?
Texas was the first state that did not require its employers to have Workers’ Compensation. Instead, Texas employers can opt-out of Workers’ Compensation and obtain private insurance or no insurance at all. Employers who opt-out of Workers’ Compensation are referred to as non-subscribers. Non-subscriber employers usually have an “employee injury plan,” which should not be confused with Worker’s Compensation. However, some employers have no coverage whatsoever.
If your employer is a non-subscriber and you are injured on the job, you may bring a negligence-based lawsuit against your employer and any other responsible third party for your workplace injuries. It is important to ask whether your employer has Workers’ Compensation, as employee injury plans often resemble Workers’ Compensation. If you are unsure whether your employer has Workers’ Compensation, you can check https://www.tdi.texas.gov/wc/txcomp.html or contact The Joeckel Law Office for a free consultation.
How Can The Joeckel Law Office Help?
If you sustained a workplace injury and (1) your employer opted for “non-subscriber” status, or (2) your employer has Workers’ Compensation, but a third party caused your injury, The Joeckel Law Office can help. Our workplace injury lawyers have 35 years of experience helping injured employees seek compensation. Contact our office today for a free consultation at (817) 924-8600.