Fort Worth Work Injuries Attorney

Texas Lawyer for Workplace Accidents and Injuries

Almost all states require most employers to carry workers' compensation insurance, but Texas is not one of them. In Texas, employers are not required to participate in the workers' compensation program. This nonsubscriber status means that employers basically self insured. This can make it somewhat more difficult for an employee who suffers an accident or other physical harm in the workplace to recover the compensation they need. Being out of work due to a workplace injury can mean losing a significant amount of income, especially for those who become permanently disabled as a result. If your employer was negligent in causing your injuries, then filing a personal injury lawsuit may be your best option.

Hutchison & Foreman, PLLC helps injured workers pursue compensation from nonsubscriber employers. We understand what can be at stake for a person who has been hurt on the job, and our goal is to make sure that you do not suffer lasting economic harm as a result of your injury. Filing a lawsuit against your employer after being injured in the workplace can restore you to the financial position you would have been in if your employer had not carelessly caused you harm.

The Difference Between Nonsubscriber Claims and Workers' Compensation

There are several key differences between pursuing compensation for a work injury through workers' compensation and against a nonsubscriber. The process of filing for workers' compensation is often more streamlined, as it is akin to filing an insurance claim. However, if your employer is a nonsubscriber, you will generally need to file a personal injury lawsuit in court unless a settlement can be promptly reached.

Perhaps the greatest difference is what you need to prove in order to recover compensation. If your employer is a nonsubscriber, then you will need to prove that your employer was negligent in causing your injuries. This means that they must have been careless in some way when it came to your safety, and that carelessness must be the cause of your injuries. However, in workplace injury cases, there are few defenses available to an employer. Certain defenses that may work in general civil litigation are ineffective in work injury cases.

Another key difference is the amount of compensation you may be able to recover. In workers' compensation, there are damage caps that can limit your recovery, and damages for psychological harms are typically not available. No such limitations exist when you are suing an employer in court, meaning you may be able to recover a much more substantial amount.

Retaliation for Workplace Injury Claims

If your employer subscribes to the workers' compensation program, then you are legally protected against retaliation by your employer. If adverse employment action is taken against you after you begin to pursue workers' compensation benefits, or if your work environment becomes hostile, you may have a valid retaliation claim.

Unfortunately, those who work for nonsubscribers or are otherwise not covered by workers' compensation do not enjoy this legal protection. However, ancillary claims sometimes arise when retaliation for a personal injury lawsuit becomes severe or takes certain forms. Our attorneys can work with you to help determine whether you may have a claim, and if so, what type.

Contact a Fort Worth and Lubbock Work Injuries Lawyer

Hutchison & Foreman, PLLC is committed to recovering critical compensation for those who have been injured at work. Our experienced Texas, New Mexico, and Oklahoma work injury attorneys will do all we can to obtain the compensation you need. Call us at 817-336-5533 or send an email using our secure website to begin your free consultation.