July 30, 2020
According to the National Safety Council’s workplace injury statistics, a worker is injured every seven seconds. In Texas, employees who have suffered a work-related injury or illness receive the medical care they need and disability income through their employer’s workers’ compensation insurance if the employer carries workers’ comp.
Texas employers, however, are not required to carry workers’ comp insurance. Employers who lack workers’ comp coverage, commonly called “non-subscribers,” may have no medical coverage for their employees. Some non-subscribers have substitute injury medical coverage, which is not workers’ comp, but provides treatment for on-the-job injuries. The difference? With this “fake workers’ comp,” the employer writes the rules instead of following the law. And the employer makes all the decisions, instead of the Texas Department of Insurance. You can appeal claim decisions, and your appeal is usually decided by your employer.
So How Can a Worker Injury Lawyer Help?
If your employer is a non-subscriber, and your employer or a coworker was at fault in any way for your injury, you can sue your employer for damages for your work injury. One of your rights of recovery is for past and future medical expenses.
You can learn more about Texas’ workers’ comp and non-subscribers on the Texas Workforce Commission’s website. You can also learn more by calling a work injury lawyer. If you have been injured on the job in Texas, call us. We are here to help you.
If You’re Undocumented and You Have Been Hurt at Work
If you are an undocumented worker, and you are injured at work, you still have a right to make a claim for your injuries. If your employer had workers’ comp, your claim cannot be denied because of your immigration status. If your employer was a non-subscriber, you can sue your employer in court, regardless of your immigration status. You do not have to prove that your employer knew your immigration status. Do not be tricked or intimidated into thinking you have no rights if you are undocumented!
If you’re undocumented and you have been hurt at work, you still have the same fundamental rights as any other employee who’s suffered a work-related injury or illness. Don’t hesitate to seek compensation for your work injury and contact the attorneys at the Waldman Legal Group at 713-688-4878 to schedule your free consultation. The attorneys at the Waldman Legal Group have more than 40 years of experience helping victims of serious on-the-job injuries and their families. We are committed to fighting for workers – all workers, regardless of their immigration status!
If the Law States That I’m Not Authorized to Work Because of My Immigration Status, How Is It Possible to Recover Compensation for a Work Injury?
Even if you did not have work authorization when you were hired, you can still recover compensation for a work-related injury or illness while on the job. If your employer was covered by workers’ comp, the Texas Workers’ Compensation Act (TWCA) is the state law that controls benefits, and there is no provision in that Act that denies benefits to undocumented workers.
If your employer was a non-subscriber, there is no law that allows a non-subscriber company to escape liability for negligence that causes injury to an employee on the basis of immigration status. Undocumented workers have the same rights to sue their employers in court for work-related injuries or illness sustained on the job.
If You Were Injured at Work, Contact the Attorneys at the Waldman Legal Group. We Will Help You, Regardless of Your Immigration Status
If you have been injured at work, we are here to help you, regardless of your immigration status. We represent all workers, documented and undocumented. If you have sustained a work-related injury or illness, don’t let your immigration status stop you from seeking compensation for your work injury. There are specific deadlines that apply to your claim. If these deadlines are missed, you won’t be able to file a workers’ comp claim or bring a lawsuit against your employer. Act immediately and contact an attorney so that you can receive fair treatment for your on-the-job injury.
The attorneys at the Waldman Legal Group offer free consultations, so don’t wait. Call our Houston office at 713-688-4878 to schedule your free consultation. Our legal team is here to help you navigate through the process. We look forward to helping you.