If you get injured on the job, whether you are able to file a lawsuit against your employer depends on a couple of things. First, you must first be able to identify if your employer is Texas Workers’ Compensation Subscriber or, if they are Texas Non-Subscriber? Second, you have to be able to determine if you’re employer’s NEGLIGENCE caused your injury.
If your employer has Texas Workers’ Compensation, then, the general rule is that you cannot file a lawsuit against your employer for any negligence that caused your injury. One of the fundamental differences between an injured worker’s rights under Worker’s Compensation and under a Non-Subscriber policy is that if your employer has Workers’ Compensation, even if your employer was negligent in causing your injury, you cannot sue your employer. Your exclusive rights are found under Texas Worker’s Compensation law.
If your employer is a Texas Non-Subscriber, you have a right to file a lawsuit against your employer if your injury resulted from failing to provide with a reasonably safe workplace. In other words, it matters if your employer’s Negligence caused your injury. In a Non-Subscriber case. You are not restricted to the remedies you have under Texas Workers’ Compensation laws.
Call (346) 347-7777 and put Sandoval to work for you!
How do you determine if your injury resulted from your Employer’s Negligence? Every Non-Subscriber case is different! Generally speaking, your employer may be found to be negligent if, your injury was caused by lack of training, failing to provide the tools and equipment or manpower necessary to do work, or, a failure to hire and train qualified managers and supervisors.
If you’ve been injured working for a non-subscriber, understand that the company, the insurance company, and their legal team is already working on defending your case! Don’t delay and speak with an experienced work injury lawyer and make sure your case is moving swiftly through the process. This will ensure that you make a swift recovery and get well sooner. The more you delay, 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.