How do I know if my employer does not have workers compensation?
You should contact a work injury attorney. You can also contact the Texas Division of Workers Compensation. You will need to provide them with the date of your work injury and the name of your employer as stated on your paycheck. You employer is required to notify you in writing if there is no workers compensation insurance. This information may be stated in an employee handbook or posted on the employee bulletin board.
What is a "non-subscriber?"
A non-subscriber is an employer that does not carry workers compensation. They are called non-subscribers because they non-subscribe to workers compensation.
What if my non-subscriber employer pays my medical bills or part of my wages, can I pursue a claim?
Yes. Even if a non-subscriber employer pays your medical bills or wages, you can still pursue a personal injury claim.
What is an occupational injury benefit and does not prevent me from asserting a personal injury claim?
It is a plan set up by a non-subscriber employer to pay for medical bills and a portion of loss wages. It does not prevent you from asserting a personal injury claim. You have a right to get a copy of the occupational injury benefit plan from your employer.
When must I assert a claim against a non-subscriber employer and what type of compensation can I recover?
You need to assert a claim within two years after the date of the work accident. You may be entitled to compensation for unpaid medical bills; unpaid lost wages; pain; disfigurement, impairment, and mental anguish, and disfigurement.
What if an employee dies from an accident with an non-subscriber employer?
Family members such as children, parents, and spouses can still pursue a claim for the deceased employee.
What must I proove to win a claim against a non-subscriber employer?
One must show the employer failed to provide a safe workplace to the employee. Examples of this may include failure to train; failure to warn of dangerous conditions, and failure to provide tools, equipment, and manpower to complete the job in a safe manner. You also must show this failure to provide a safe workplace was a cause of your injuries.
What should I do if I have a work injury with a non-subscriber employer?
You should contact a work injury attorney. You should report the accident immediately to your employer. If required to fill out an accident report, tell the truth, write down names of all witnesses, accurately describe the accident, and identify what the employer did wrong to cause the accident. If injured, get immediate medical attention and follow your doctor's orders. You should take pictures of the accident scene and your injuries. You should also report the accident to OSHA so an independent investigation will take place.
What if I am a temp or leased employee, can I still pursue a claim?
Possibly. It depends on the contract terms between the leasing company the business where you are working at. You need to contact an attorney for advice.
Why do companies become "non-subscribers?"
It is business decision made primarily on the basis of workers compensation insurance premiums being costly and expensive.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.