If you are reading this, then chances are that you have been injured on the job and you’re not quite sure what kind of coverage your employer will have. Generally speaking, if you have been receiving some type of medical attention and you’ve been speaking with an insurance agent along the way, your employer has one of two possible insurance coverages:
- Your Employer has Texas Workers’ Compensation, or
- Your Employer is a Texas NON-SUBSCRIBER.
If your employer has Texas Workers’ Compensation, then, determining what rights you have will be dependent on the Texas Workers’ Compensation Law. 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. EVEN THOUGH YOUR EMPLOYER, THE INSURANCE ADJUSTER OR THE DOCTORS CALL YOUR CASE A WORKERS’ COMPENSATION CASE, YOUR EMPLOYER MIGHT ACTUALLY HAVE A NON-SUBSCRIBER POLICY! They all would much rather let you think that you only have rights under Worker’s Compensation. This is why, if you are injured on the job, one of the first things you MUST do is to determine what coverage your employer has.
As an injured worker in a Non-Subscriber case, you may be experiencing the following:
- Delay in allowing to report your injury
- Delay in sending you to emergency treatment
- Delay in approving medical tests that you need to diagnose your condition
- Delay in finding you a position at work that accommodates your injury
- Delay in sending you lost wage payments
- Delay in telling you if your MRI will be approved
- Delay in approving the surgery
- Delay, DELAY AND MORE DELAY!
If you’ve been injured working for a non-subscriber, don’t contribute to the delay you’re already experiencing in your case any further, 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 allow them to delay, the harder it will be on you and your family down the road.