At the time of hiring or, when a new insurance policy is purchased, Texas Non-Subscriber Employers require employees to sign an Arbitration Agreement. That arbitration agreement requires that any disputes arising out of the employment, between employer and employee, be submitted to arbitration for resolution of the dispute. This agreement applies to any dispute arising out of an on the job injury. So, if you are injured while working for a Texas Non-Subscriber, if you signed an arbitration agreement, your case against your employer cannot be filed in State of Federal Court. YOUR CASE MUST BE RESOLVED BY SUBMITTING IT TO ARBITRATION.
So, what is Arbitration anyway? Arbitration is a hearing where the evidence in your case is presented to an arbitrator who hears the testimony of all the witnesses, weighs all the evidence, decides if you win or lose your work injury case and, if you win, decides how much you win. You do not get the benefit of having a jury hear all the evidence presented in your case and eventually, decide whether you win or not. Arbitration is the Texas Non-Subscriber Employer’s way of controlling where an injured employee can file a work injury case. Typically, you must refer to your employer’s ERISA Welfare Plan document or the Summary Plan Description to determine how you can initiate your arbitration. The Plan document will also explain how much time you have to file your work injury arbitration. Although you generally have two years to file a work injury case in State Court in Texas, sometimes the ERISA Plan will alter the statute of limitations, changing it from two years to a one (1) year statute of limitations. The point here is that you do not want to delay contacting a Texas Work Injury attorney to discuss your rights. If you sit your rights, you could lose them because of the statute of limitations in your employer’s ERISA Plan!
Why Call Sandoval, your Houston Work injury Attorney?
If you are inured on the job working for an employer that provides coverage under an ERISA plan, it’s important that you act fast! Requiring you to file your case in Arbitration is just one of the obstacles Texas Non-Subscribers Employers put in front of their injured employees.
As your work injury lawyer, my first step would be to find out the details of the coverage provided under your Employer’s ERISA Plan. As an injured worker, the first and most important step is to report the injury. There is no benefit for an injured worker at all when you delay reporting. Therefore, I cannot say it enough, no matter how minor you think your injury could be, report, Report, and REPORT THE IN INCIDENT IMMEDIATELY! Then call your work injury attorney to discuss your case!
If you’ve been injured working for a Texas Non-Subscriber, you need to know what coverage is provided under the Employer’s ERISA EMPLOYMENT BENEFIT PLAN. The longer you wait, the harder it will be on you and your family down the road as you face muddy waters created by your employer’s legal team.
When you are ready to discuss your work injury case, call Texas Work Injury Attorney Hector L. Sandoval at (346) 347-7777 or visit us on the web at https://sandovalpllc.com/. Call and put Sandoval to work for you!