Fort Worth Attorney for Nonsubscriber Claims

Work Injury Lawyer Serving Western Texas

Quite a few individuals believe that all employers in Texas are required to carry workers' compensation insurance, as is true in many other states. You may be surprised to learn that this is not true. Employers in Texas can "opt out" of the workers' compensation insurance system, leaving their employees without necessary coverage should they suffer work-related injuries or illnesses. If you suffer a work injury in Texas, the first step is likely to determine whether your employer subscribes to workers' compensation.

Hutchison & Foreman, PLLC can still help you if your employer is a non-subscriber who has opted out of workers' compensation. We may be able to represent you in bringing a civil lawsuit directly against your employer. This type of personal injury lawsuit may even provide a number of benefits that are unavailable when pursuing a traditional workers' compensation claim, such as fewer limitations on the amount of compensation that can be awarded. However, these cases can become quite complex. It is best to be represented by a strong legal advocate.

Understanding the Nonsubscriber Claim Process

Employers opt out of the workers' compensation insurance system at their own peril. If they carry workers' compensation, injured employees cannot sue the employer for the injury. However, if an employer opts out and does not have workers' compensation insurance, employees are free to sue the employer for their injury. These cases are called "nonsubscriber" claims because they are made against employers who do not subscribe to workers' compensation. There are a handful of important differences between workers' compensation and nonsubscriber claims, such as:

• Proving negligence - Workers' compensation claimants do not need to prove that their employer was negligent in causing their injuries. However, nonsubscriber claimants must show employer negligence. You and your attorney must be able to prove by a preponderance of the evidence that your employer had a duty to keep you safe and carelessly failed to do so. Few defenses are available to the employer in a work injury lawsuit, however. They cannot, for example, argue that you were partially to blame for the accident in most situations.
• Damages allowed - When working with workers' compensation, there are limits on the amount of compensation that can be awarded. These limitations do not exist in civil court, so nonsubscriber claims often result in higher amounts of compensation. Damages for pain and suffering, which are generally not covered by workers' compensation, are often awarded in civil court.
• The process - The procedures followed when pursuing compensation from a nonsubscribing employer is a bit different than for a workers' compensation claim. You will be going to court and suing your employer rather than filing an insurance claim. It may be more challenging and take a longer amount of time to recover actual funds, but the rewards are often worth the commitment of taking legal action. In many cases, our attorneys are able to arrive at a settlement that works for our client, but we are confident in our ability to advocate on our client's behalf in a trial as well. We can advise you on what type of settlement you may want to consider accepting.

If you have been injured on the job, and your employer does not carry workers' compensation, Hutchison & Foreman, PLLC may be able to help you recover compensation. Our attorneys are serious about pursuing these claims. Employers who do not prioritize worker safety and negligently injure someone who is just doing their job deserve to be held responsible, and filing a nonsubscriber claim is generally the best way to go about it. We can even take strong steps to prevent or address unlawful retaliation in these situations.

Contact a Tarrant County Nonsubscriber Work Injury Lawyer to Discuss Your Claim

Hutchison & Foreman, PLLC is committed to helping workers who were injured by a careless and uninsured employer. To learn more about how an attorney can assist you in getting the compensation you need to pay for your medical expenses, loss of past and future wages, rehabilitation, and other costs, send an email or call 817-336-5533 to initiate a consultation today. We serve clients throughout Texas from our Lubbock and Fort Worth locations. We also provide representation for clients in New Mexico and Oklahoma.