Employees should not have to pay for injuries they suffer during the course of their employment. Since employers are liable for most injuries, they need workers’ compensation insurance to protect themselves from expensive lawsuits. However, the law does not require all Spring, TX businesses to subscribe to workers’ compensation insurance, and employees should contact an attorney in the event of a workplace accident, so they can help you to get compensation for your losses.
East Texas work accident attorneys at Carabin Shaw are experienced in personal injury law and know how to help you navigate the legal process regardless of whether the employer subscribes to workers’ compensation insurance. You don’t have to worry about legal fees, as we offer our services on a contingency-fee basis. If you are struggling to pay medical bills because of a workplace injury, call today for a free case review.
Texas Employers Can Opt-Out of Workers’ Compensation InsuranceTexas is the only state in the U.S. that allows companies to opt-out of workers’ compensation insurance. While this might save them money upfront, it removes the liability protections provided to subscribers. Employers who are non-subscribers are subject to workplace injury or personal injury lawsuits.
Generally speaking, you can’t sue the company for injuries you sustained at the workplace. However, non-subscribers are typically private companies that self-insure or purchase private plans as opposed to those regulated by the government. Non-subscribers leave themselves vulnerable to lawsuits from their injured workers, and the state does not recognize unlicensed private workers’ compensation insurance companies.
It Is Possible to Sue an Employer with Workers’ Compensation InsuranceThere are some cases where you can sue an employer that subscribes to workers’ compensation insurance in Spring, TX. This includes matters of gross negligence that resulted in an employee’s death.
When a company is a non-subscriber, an employee can hire a lawyer and sue even if the company has unlicensed private insurance. In this case, the court may hold the company liable for losses and must pay out-of-pocket. This makes companies susceptible to solvency and bankruptcy issues in the event of one or more large lawsuits.
Employees may also sue third-parties for their injuries when applicable, such as in the case of some asbestos injury cases.
Employees May Not Sue for Certain Workplace InjuriesWorkers’ compensation insurance does not cover all types of workplace injuries and aims to cover those caused by negligence. Things that insurance may not cover include:
These exceptions are important to understand, so employees don't engage in harmful activities that insurance does not cover. The purpose of workers’ compensation insurance is to protect employers and employees from compensable injuries, which means that the employee is working in an appropriate manner for the workplace. An experienced lawyer will guide you through any workers’ compensation disputes that allege non-compensable injuries.
Workers’ Compensation BenefitsThe benefits available under workers’ compensation include:
These benefits can be comprehensive, meaning they include economic and noneconomic losses. However, workers’ compensation does not specifically cover pain and suffering. If a mental disorder arises due to pain and suffering, insurance may consider this a covered benefit. This highlights the importance of hiring a Spring TX workplace injury attorney to ensure you claim the proper types and amounts of damages.
Seeking Work Accident Compensation Spring TexasA Spring TX work injury lawsuit can be complicated, which is why you should perform your due diligence and hire a legal team with experience and compassion. Our client reviews reveal our expertise and work ethic. With our team working on your case, you have the best chances of receiving optimal compensation for your workplace injury.
At Carabin Shaw, we have English- AND Spanish- speaking staff available to answer your call 24/7, so call our toll-free number at 800-862-1260 today.
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