"Workplace accidents can have lasting consequences. Trust J.A. Davis & Associates, your local Texas work accident injury lawyers, to handle your case with the attention and care it deserves."
WORKPLACE ACCIDENT INJURY / WORKERS' COMP
Determining Employer Workers’ Compensation Status is the First Big Fork in the Road to Recovery.
Thanks to our lawmakers (and the insanely affluent insurance lobby), understanding today’s workers’ compensation laws is a thorny challenge. The state of Texas requires no employer to purchase workers’ comp insurance. Right now, roughly one in two do subscribe to the program. So, workers’ comp injury cases are divided into two distinct types that require completely different starting points (and strategies) to resolve. Employers who carry worker’s comp are referred to as “subscribers.” Those who don’t are “non-subscribers.” To know how to proceed with your claim, you must first determine whether or not your employer is one or the other.
Workers’ comp benefits are paid out of a “pool” of funds. This pool is stocked by private insurance carriers that participate in the program. The program also protects subscriber-employers from lawsuits and disregards employees' legal rights to be fairly compensated when the employer is truly negligent because it legally limits, or “caps,” the monetary benefits an injured employee can receive. If your employer subscribes to workers’ comp, it compensates injured employees. It’s like “no-fault” auto insurance for employers because when they’re covered by workers’ comp injured, employees are automatically reimbursed: no matter how the accident occurred or whose fault it was. Often, the amount you receive doesn’t come close to fully covering the expenses of an on-the-job injury if it is severe.
On the other hand, to receive financial restitution from a non-subscriber to workers’ comp, an injury victim must file an insurance claim and, if necessary, a lawsuit in civil court. Otherwise, they receive nothing. Fortunately, for the injured worker, there is a small victory. For the legislature to “encourage” Texas employers to subscribe to workers’ comp, they lowered the standards of proof for negligence in case of a civil case or claim against a non-subscriber. So it’s not as difficult to affix true liability against a non-subscribing employer for on-the-job accidents in court and win fair compensation. Since workers’ comp is cheaper than commercial employer liability insurance, one would assume all companies would be smart and purchase workers’ comp instead.
Improper construction of trenches has historically resulted in many construction-related injuries and fatalities due to trench collapses. Such incidents occurred during trench construction.
A favorite tactic of such people is to fake having workers’ comp once an employee is seriously injured. These employers may try to pay you benefits quickly that you would typically receive from workers’ comp and ask you to sign what they may represent as a “standard release” to further their deception and get off the hook. It’s a trick, so don’t fall for it: even if the document you sign “looks” official. This is one of many tricks that awaits you without the benefit of an experienced workers’ comp attorney to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have answered this vital question, we can move forward together to secure your just injury compensation.
More great blogs on Work Injury Law - Workers Comp here:
https://www.devineandfanning.com/contact-fatal-work-accident-attorneys/
https://www.nancysearerattorneyatlaw.com/is-my-employer-a-workers-compensation-insurance-subscriber/
https://www.prestilaw.com/workers-compensation-what-can-i-do/
https://www.bethkrulewitch.com/workers-compensation-osha-cannot-help-you/
https://www.nbalawblog.com/workers-compensation-what-is-a-contract-employee/
https://www.jdavidmarkham.com/frequent-problems-in-nonsubscriber-work-injury-cases/
https://www.clarkbyarlay.com/workers-compensation-non-subscriber-employers/
https://www.lawofficeofkarenross.com/workers-compensation-law/
https://www.sainilawyers.com/workers-compensation-attorney/
https://www.hensleylawteam.com/legally-pursue-damages-arising-from-an-injurious/
https://www.ftlauderdaledefense.com/workers-compensation-non-subscriber-lawsuits/
https://www.fastinjuryclaims.com/the-complexity-of-workers-compensation-insurance/
https://www.car-accident-lawyers-today.com/understanding-your-rights-after-a-car-accident/
