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What is A Non-Subscribers Work Injury Claim?

On the other side of the coin, a “Non-subscriber” is a company that opts out of the Texas Workers’ Compensation program, which is administered through the Texas Department of Insurance. About 44% of all Texas employers and 53% of Texas manufacturers are non-subscribers. 

Even if a company opts out of this coverage, it is still liable to cover the expenses of a work injury. The employer can choose to do this by purchasing alternative insurance coverage or paying the expenses out of pocket. This Texas law allows flexibility to employers for compensating injured workers. Most often, companies fail to buy any type of insurance or instead create employee benefit plans that put unreasonable restrictions on how injured workers are compensated.

If you are injured at work and your employer doesn’t offer Workers’ Compensation, it may be necessary to file a non-subscriber claim. This is a civil lawsuit against an employer seeking compensation for medical bills and lost wages.

Non-Subscriber Work Injuries

When you bring a non-subscriber claim on behalf of an injured worker, you must prove that something the employer or a co-worker did was negligent and caused the your injury — even if the negligence was minimal. If injured workers can successfully demonstrate that their employer or a co-worker was negligent in causing the on-the-job injury, they can recover damages for the injury, including damages for pain and suffering, mental anguish, lost earning capacity, medical treatment, disfigurement, and impairment, as stated above. (1).jpg
Construction Worker

Breakdown of Employee Benefits in a Non Subscriber Work Injury Case

Fault Vs No Fault 

  •  You must prove your employer was negligent and at fault. In fact, if the employer is found to be just 1% at fault in causing the injury, the employer is on the hook for 100% of the damages.

Medical Bills and Expenses

  • You can seek all of your medical expenses in your claim, but the total amount of your recovery is based on the strength of your case.

Lost Wages

  • You may sue the employer for 100% of your lost wages. This will be recovered at the conclusion of your case or settlement. 

Diminished Earning Capacity

  • If your injury has affected your potential earning capacity you can sue for diminished earning capacity. 

Loss of Future Income

  • You may sue for your loss of future income.

Pain & Suffering

  • You can sue for the pain and suffering you endured as a result of your injury.

Punitive Damages

  • These damages can be recovered in cases of gross negligence.

Settlement or Resolution

  • Your settlement is theoretically unlimited in value, but is based on your actual damages plus punitive damages.

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