I was hurt on the job and my employer does not carry workers compensation insurance. Am I out of Luck?
No, you are not necessarily out of luck. In Texas, if an employer does not carry workers compensation insurance, an employee injured in the workplace can sue the company for injuries sustained due to negligence of the company or other employees.
These types of lawsuits, known as non-subscriber cases, can result in payments to the victim which exceed that which would have been paid by workers comp. We regularly represent folks who have been injured on a job working for an employer that does not carry workers compensation insurance. In many cases, the injured worker ends up being compensated more than the workers compensation scheme would pay.
In Texas, most companies carry worker’s compensation insurance to cover workplace injuries. When employees of covered companies are injured while in the course and scope of their employment – whether in a car accident or other industrial incident, they will received treatment and compensation according to the worker’s compensation laws regardless of fault.
Companies that choose to not carry worker’s compensation insurance gamble on the hope that their employees will only be injured through their own fault and they will save money by not paying premiums. Many employees believe that they can’t ever sue their employer even if there is no worker’s compensation coverage. This is simply not the case. Texas law allows such injured folks the right to go to court for compensation.
“Non-subscriber” lawsuits are those in which an injured employee is seeking compensation for injuries from an employer that does not have worker’s compensation insurance. Employees without worker’s compensation insurance are still able to seek compensation for there injuries.
When an injured employee brings a non-subscriber claim, the employer will be held liable for all of the injured worker’s damages if it can be shown that the employer was slightly negligent in causing the injury – even 1%. Unlike other personal injury lawsuits, the employer cannot reduce its liability by claiming that the injured worker was contributorily negligent.
If you have been injured while working for a company that does not carry workers compensation insurance, contact Michael P. Fleming today to discuss your options.