What If My Employer Does Not Have Work Comp Insurance and I Get Hurt?

 Posted on August 29, 2022 in Work Accidents

Most people who work in riskier jobs are very familiar with Workers’ Compensation. It is a very well-known program that allows workers who get hurt on the job to have things like their medical bills and lost wages covered. Texas is fairly unique in that employers are not required to subscribe to Workers’ Compensation. Most other states do not give companies any choice in the matter. In Texas, however, many employers choose to forego Workers’ Compensation and opt for a different type of insurance. If you get injured at work, you should be covered under your employer’s insurance if they do not use Workers’ Compensation. If you were hurt at work and your company is a non-subscriber, you may have a few extra challenges while pursuing compensation. Jerry D. Andrews, P.C. is ready to fight for compensation on your behalf. 

The Differences Between Workers’ Comp and Self-Insured Claims 

Workers’ Compensation was designed and intended to create a streamlined process for injured workers to file a claim and start being compensated. Dealing with a non-subscriber can be a little more difficult. Rather than working with a public program, you will be up against a private insurance company. 

Like any other type of insurance company, they are interested more in profiting than making sure you have the compensation you need after a workplace injury. If you have ever needed compensation from a car insurance company, you have a fair idea of what to expect. This is one of the main reasons why you need an attorney to handle your non-subscriber claim. 

While there are limits on what Workers’ Compensation will pay out depending on the circumstances, the limits of a private insurance policy may be even more restricted. It can be difficult to get the full amount you need to put you in the same position you would have been in before the accident. However, you may have another option. 

When to File a Civil Lawsuit

Filing a civil lawsuit against your employer may be an option in some cases. If your claim was denied or your attorney could not negotiate a reasonable settlement, a lawsuit may sometimes be the best or only way to recover. However, there is a difference in what you need to prove to collect insurance or Workers’ Comp funds, and what you would need to prove in a civil lawsuit. 

For a Workers’ Compensation claim or a private insurance claim, you generally only need to prove that you got hurt at work. To prevail in a civil lawsuit, you would also need to show that your employer was negligent in causing your injuries. Our lawyers can help you decide on the right course of action based on the facts of your case and the terms of your employment. 

Call a Dallas County Work Injuries Attorney

Jerry D. Andrews, P.C. is skilled at recovering compensation on behalf of injured workers. Our experienced Carrollton work injury lawyers will evaluate your case and help determine your best options. Call 214-221-5800 for a free consultation. 

Source:

https://www.tdi.texas.gov/wc/employer/cb007.html