Is Staying Really an Option?
Not really! You must understand the two cases that you are dealing with! In Texas Non-Subscriber cases, you are really dealing with two situations (cases): The Work Injury Claim for Benefits (Medical Treatment and Wage Payments) under the Company’s Insurance (ERISA Work Injury Benefit Plan) and, the Work Injury Negligence Case against your employer. As you will learn or have already experienced, getting medical and wage benefits after your injury is a real struggle. You are constantly fighting with your employer and with the insurance company. It never seems like they are on the same page!
The reality is that the claim for benefits is a losing battle! You may receive initial medical treatment under your employer’s insurance but, you never really get to the root of what is causing your injury because the insurance company will not approve any significant exams or testing. In addition, by their own admission, the insurance company for non-subscriber employers have strict instructions to the doctors that do not allow them to take an injured worker off of work 100%. The insurance company has told the doctors that they must send the worker back to work with restrictions. Therefore, YOU NEVER QUALIFY FOR WAGE PAYMENTS under your employer’s work injury insurance plan!
At this point, you are forced to go back to work injured, abandon your job or, go find something else to do! If you stay and work injured, chances are that your non-subscriber employer is going to start messing with you hours, limiting how much you can work. This starts causing an immediate financial strain on injured workers and their families!
Texas Non-Subscribers Companies
You Are in Survival Mode!
You have to do what is best for you and your family! If you can accept that the claim for benefits under your employer’s insurance plan is never going to get you anywhere, then, you can find focus by trying to determine if you have a negligence case against your employer for failing to provide a safe workplace. In nonsubscriber cases, your employer has waived the protection against being sued by going outside of the Texas Workers’ compensation program. So, instead of playing by the rules of your employer’s insurance, you have every right to go and find out what you can do about your injuries and, you can go find a better place to work so that you can keep up with bills in the meantime. THERE IS NO LAW REQUIRING YOU TO STAY AT THIS JOB and THERE IS NO LAW REQUIRING THAT YOU ONLY SEE THE INSURANCE DOCTORS despite what the insurance representatives and your supervisors are telling you! Do no rely on them for legal advice! You are on survival mode!
How do I know if I have a Case?
It’s not easy! You need to determine if the incident that caused your injury was a result of your employer failing to provide a safe workplace. Did they fail to provide training? Did your employer fail to provide adequate assistance? Did they fail to provide you with the tools and equipment necessary to do the job safely? Did they force you to confront a known risk but failed to provide the necessary training to confront that risk? If you can easily answer YES to any of these questions, then you may have a good negligence case against your employer. This will be the way that you can get out of the mud as quickly and as clean as possible.
My recommendation is that you should consult a work injury lawyer and, at the very least, you can get an opinion from a professional about whether you have a case. Texas nonsubscriber cases are unique and not everyone handles these types of cases. These cases are very often confused with Texas Workers’ Compensation cases. They are not workers’ compensation cases. If you can prove negligence, you can sue your employer for more than just wage and medical benefits! You need to investigate your rights and find out what other damages you can pursue against your employer because they have failed to provide a safe workplace.
Navigating Through a Non-Subscriber Work Injury Claim by Yourself Is Not Easy!
We’re here to help injured Texans with their non-subscriber case. Call and speak directly with me, Texas Non-Subscriber Injury Attorney Hector L. Sandoval at (214) 214-7713 or set up a free personal injury phone, virtual or in-person consultation! I handle cases all over the State of Texas!