June 07, 2018
We all know someone who has suffered from a work injury before. Maybe it was a coworker, a neighbor, a loved one, or even you yourself who was injured. Unfortunately workplace injuries are sometimes just a part of life, and whether you are able to get the care you need can depend on your ability to file for and receive workers compensation. So what happens when someone suffers work injuries at non-subscriber employers?
Put simply, Non-Subscriber employers are employers who have chosen to forego workers compensation insurance for their employees. Usually when your employer carries workers compensation insurance you are able to file a claim after a workplace injury and get financial compensation to help pay for your medical treatment. By carrying this insurance the employer also gets state protection against employee lawsuits following a workplace injury. Work injuries at Non-Subscriber employers means that you may not be able to afford long-term medical treatment for your injury. This can cause serious complications for injuries that don’t get better right away.
On the other hand, if you suffer a work injury while working for a non-subscriber employer, there are many reasons you will want to know if your employer’s actions or inactions caused the injury. By electing to go outside of the Texas Worker’s Compensation program, the Non-Subscriber employer has waived the protection against being sued. Rather than the “no questions asked” approach of Worker’s Compensation, in a Non-Subscriber setting, the question of negligence arises the moment the incident is reported. This can cause serious complications for injuries that don’t get better right away. Understanding this very basis background, someone injured while working for a Non-subscriber employer must now be aware that, because you have a right to sue your employer for failing to provide a safe workplace, you also must do so within a certain time-frame which is usually determined by Texas law (2-years from the incident) or, by agreement between the employee and employer (sometimes 1 year). What does it mean? It means that, if your Employment Benefit Plan says that you have the same time as afforded by Texas law to file a claim, then you will have two years from the date of the injury to file the claim. If, you agreed to less time, usually 1-year, then, you better act fast! The point is, if you get hurt working for a non-subscriber employer, you need to find out how much time you have to file your claim otherwise, once that time runs out, your employer and the insurance has no obligation to either pay your medical bills or, compensate you for time loss or residual injuries. Don’t be misled, they will cut your benefits at the expiration of this time-period, which lawyers refer to as, the statute of limitations.
Learn More: What if you have problems filling work injury claims at big non-subscriber companies?
Given the craftiness of the Non-Subscriber Insurance Plans, seeking legal advice about a work injury while working for Non-Subscriber employer is not something you want to wait on. If treatment isn’t helping you get better in a timely fashion don’t wait until the statute of limitations passes, or you will lose your right to file a negligence claim against your employer.
Can I Sue My Employer for Negligence?
Your Texas work injury attorney can also do more than help you file a work injury claim in order to receive medical compensation. If your injury forces you to take time off of work, prevents you from returning to the same position, or diminishes your earning potential in any way they can help you file your claim for damages in a timely manner. If you have received an injury due to employer negligence while working for a non-subscriber employer, then call your Texas work injury attorney right away to protect yourself and your family against financial hardship.