Dallas Non-Subscriber Work Injury Attorney

Lawyer for Injured Employees of Self-Insured Employers in Texas

Workplace accidents and injuries happen frequently in Texas, especially in high-risk industries like oil and gas, construction, and manufacturing, in which employees are exposed to dangerous equipment, substances, and work environments. However, unlike in many other states, most employers in Texas are not required to have workers' compensation coverage through the statewide system. Instead, they have the option to self-insure, often through a plan governed by the Employee Retirement Income Security Act (ERISA). As a result, it is often very difficult for injured employees to get the benefits they deserve.

If you were injured while working for a non-subscriber employer, Jerry D. Andrews, P.C. can help you protect your rights and recover fair compensation for your injuries. Attorney Andrews is certified by the Texas Board of Legal Specialization in recognition of his more than 25 years of experience and commitment to the practice of injury law. He will treat your case with personal, individual attention and use his knowledge and experience to provide you with the best possible legal representation.

Challenges for Employees of Non-Subscribers

Many large employers in Texas opt out of workers' compensation coverage in favor of their own insurance coverage that may provide certain benefits when an employee is injured on the job. However, these insurance plans often leave employees at a disadvantage when compared to state-regulated workers' compensation.

For example, the coverage offered by self-insured employers may be more limited than workers' compensation coverage. Compensation for medical bills may only be available for a limited time, and if the coverage provides any disability benefits, they may compensate for only a small portion of the employee's lost wages. There may also be greater restrictions on the types of injuries that are covered, which may prevent employees from receiving benefits if they were partially responsible for their injuries, or if they suffer from a repetitive stress injury.

In some cases, injured employees are pressured by employers into waiving their right to additional compensation. In other cases, employees have their claims denied outright. Employees of non-subscribers have few legal options to appeal a denial and present evidence of their entitlement to benefits.

Filing a Claim Against a Texas Self-Insured Employer

Often, the best way for employees to recover fair compensation for their injuries is to file a civil claim or lawsuit against their employer. Employers who participate in the Texas workers' compensation system are protected from these types of claims, but non-subscriber employers do not have these protections. If you can demonstrate that your injuries were entirely or partially caused by your employer's negligence, your employer can be held liable for all damages you have suffered. This can include not just your medical bills and past and future lost wages due to disability, but also pain and suffering damages and punitive damages that are not available through workers' compensation benefits.

Proving your employer's negligence requires solid, substantial evidence of the causes of your injuries. You should be sure to get medical treatment as soon as possible so there is a clear connection between your work and your injuries. Taking pictures of the scene of the accident can also help you establish the unsafe conditions that contributed to your injury. Your attorney can help you pursue additional evidence, including safety records from your employer and testimony from other employees who witnessed your injury.

Many self-insured employers have clauses in their employee benefit plans that require injury disputes to be resolved through arbitration. We have the experience to help you navigate this structured process in pursuit of the best possible outcome. If arbitration is not required, we can also help you recover compensation through litigation or a negotiated settlement with your employer.

Contact a Farmers Branch Non-Subscriber Injury Lawyer

If you have been injured at work, you should not hesitate to speak to an attorney who can help you avoid mistakes and understand your options, especially if your employer is self-insured. For a free consultation, contact us at 214-221-5800 today. We represent injured workers and their families in Farmers Branch, Valley Ranch, Carrollton, Irving, Coppell, Grand Prairie, Mesquite, Garland, Dallas, and throughout Dallas County and the surrounding areas.