Our non-subscriber work injury lawyers represent employees who are hurt while at work. We can help you claim financial compensation.
If you’re hurt, you may be surprised to learn that your employer doesn’t have worker’s compensation. Now what? You may still receive compensation – but the rules are different. Let our non-subscriber work injury lawyers at Haun Mena help you understand the law and advocate for your rights.
Non-Subscriber Work Injury Lawyers Near Houston, Texas
Have you been hurt at work? Is the employer a non-subscriber? To get compensation for your workplace accident, you must act. Our lawyers for non-subscriber work injuries help people like you claim financial compensation when they are hurt at work.
How our lawyers can help
Our lawyers help clients with:
- Determining if the employer has workers compensation insurance
- Drafting and filing the claim in the appropriate court
- Identifying what damages are available and how to claim them
- Gathering evidence
- Investigating fault for the accident
- Understanding the legal process and how to work through the claim thoroughly and efficiently
- Speaking in court
- Negotiating the appropriate result on your behalf
- Advocating at trial, if you choose to take the case to trial
An employer may go to great lengths to avoid paying you the compensation that you deserve. But Texas law gives you the right to receive medical care, lost income, pain and suffering compensation and other benefits if your employer is in any way responsible for the accident.
It’s our goal as non-subscriber work injury lawyers to help workers get justice. Whether your claim is large or small, it is our goal to work efficiently and effectively towards a fair result.
About Texas Non-Subscriber Injury Claims
What is a non-subscriber case?
A non-subscriber case is when an employee gets hurt while working for an employer who does not have workers compensation.
Can you get compensation if you’re hurt at work and your employer is a non-subscriber?
Texas law allows you to claim compensation from a non-subscriber if you’re hurt at work – if you can prove that your employer had some fault for the accident.
What is a Texas-non-subscriber injury claim?
A Texas non-subscriber injury claim is a lawsuit for financial compensation brought by an employee who is injured at work. The victim may bring a personal injury claim for damages including non-economic damages. The law is favorable to the injured employee because certain defenses like assumption of the risk and contributory negligence do not shield the employer from liability.
What defenses can an employer raise in a non-subscriber claim?
Defenses that an employer may raise in a non-subscriber claim are:
- Intentional actions by the employee to cause the injury
- The employee was intoxicated by drugs or alcohol
- The employee was not acting in the scope of their employment at the time of the injury
What defenses are not available in non-subscriber claims?
Defenses that the employer may not raise in a non-subscriber claim are:
- Comparative/contributory negligence
- Co-worker negligence
- Assumption of the risk
- The employee waived their cause of action
- Commonly known hazard
Defendants in non-subscriber cases routinely attempt to wrongly blame employees for accidents. At Haun Mena, our lawyers have seen hundreds of claims where employers raised these defenses, which rarely have merit. In our experience, each one of these cases needs to be evaluated independently to identify potential defenses and to create winning strategies.
Do employers have to carry workers compensation in Texas?
Texas law does not require employers to have workers compensation insurance. Even very large corporations with thousands of employees may opt out of the workers compensation system. If there is no insurance, the employer is called a non-subscriber.
For employees who are hurt while working for non-subscribers, the rules for compensation are different. Determining whether you employer participates in the workers compensation system is an important step in knowing how to proceed with your legal claim.
How can an employer be responsible for the injuries of a worker?
There are a lot of underlying causes of work injuries. Some ways that an employer may have liability for a work injury are:
- Inadequate training
- Too few employees
- Encouraging workers to rush
- Inadequate personal protective equipment and safety measures
- Policies that were insufficient to prevent accident or injury
- Failing to adequately maintain equipment
- Poor storage of hazardous materials
- Having workers perform repetitive tasks that cause injury
- Allowing exposure to toxic substances
- Not taking precautions for slip and fall hazards and dangerous surfaces
How are non-subscriber cases different than workers compensation cases?
Non-subscriber cases are different than workers compensation cases in two major respects:
- The defendant must be responsible for the accident in some way in a non-subscriber case, while workers’ compensation claims are essentially no-fault. Although it may seem challenging to prove the employer’s fault, an investigation may show fault that is not immediately obvious at the time of the accident.
- Damages are expanded in a non-subscriber case compared to what is available for the victim in a workers’ compensation case. In a non-subscriber case, the victim may claim medical bills and all lost wages. But that’s just the beginning. Pain and suffering can be claimed, and punitive damages are even a possibility if the employer is grossly negligent. Damages in a non-subscriber case are likely to be larger than they would be in a workers compensation claim.
In the workers’ compensation system, an employee injury is treated as a no-fault situation. The victim can quickly claim compensation without showing the employer is at fault. But when the employer chooses not to have workers’ compensation insurance, it’s up to the injured employee to prove that the employer did something wrong that contributed to the accident. If they can prove the employer’s role in the accident, the victim can then claim all the personal injury damages that are traditionally available under Texas law.
How are non-subscriber cases different than other personal injury claims?
In a Texas non-subscriber work injury claim, comparative fault is different than it is in standard personal injury claims. In a non-subscriber case, if the employer has any fault for the accident, they must pay for all the victim’s damages. The usual comparative negligence rules do not apply in non-subscriber claims. An employer is 100% liable if they have any fault for the accident.
What does the worker have to prove to win a non-subscriber injury claim?
To win a non-subscriber injury claim, the victim must prove:
- Employer duty to the injured worker – Of course, an employer always has a duty to provide a safe working environment, so this requirement is usually met.
- Breach of duty – The employer breached their duty to provide a safe environment by contributing to the accident. The standard is based on what’s reasonable under the circumstances.
- Causation of injuries – The breach of duty must be a cause of the accident and injuries. It doesn’t need to be the only cause, but it must be a factor.
- Damages – An employee suffers injuries and damages because of their losses.
Non-subscriber injury claim FAQs
Can an employer use co-worker negligence as a defense in a non-subscriber case?
An employer may not raise co-worker negligence as a defense in a non-subscriber case for an on the job injury.
Is assumption of the risk a defense in a non-subscriber case?
An employer cannot say that an employee assumed the risk of injury as a defense in a non-subscriber case.
How serious does an injury need to be to bring a non-subscriber case?
To bring a non-subscriber case, you should have an injury that is serious enough to warrant medical care. If you have a minor injury, and you take a break for a band aid, an antibiotic and a pain reliever, that isn’t the kind of injury that results in a non-subscriber claim. However, if you have to go to the emergency room and you miss three weeks of work, you have the kind of case that is serious enough to warrant bringing a non-subscriber case.
Let our lawyers help you understand if your injuries qualify to bring a non-subscriber case.
How much time do I have to bring a non-subscriber case?
You generally have two years to bring a non-subscriber injury case. This is the same statute of limitations for other types of personal injury claims in Texas.
However, your employer may have required you to sign an arbitration agreement that changes the timeline.
Do not wait to speak to our non-subscriber injury lawyers about your case! We can determine what deadline applies and file your claim right away.
Free Consultation – Taking New Cases
At Haun Mena, you are more important than profits. Our lawyers have a unique understanding of the process. We will fight to make sure the corporations don’t put their profits over you when you deserve to be compensated.
We can represent you with no risk to you and no fees unless we win. That’s our commitment to you. There’s never an hourly charge or a cost to speak with your lawyers.
If you have been hurt at work, contact our non-subscriber injury lawyers for your free consultation. We can meet you at our offices, your home or in the hospital. We also offer virtual consultations.
It’s our goal to be different – we treat your case the same whether it is big or small. Communicate directly with your lawyers personally – all the time, from start to finish.
Contact us now to talk about your case.