In Texas, non-subscriber cases refer to situations in which an employer does not subscribe to workers’ compensation insurance.
In these cases, injured employees may be able to pursue a personal injury claim against their employer, and they can typically claim all typical personal injury damages.
There are a few reasons why injured employees in non-subscriber cases can claim all typical personal injury damages:
- Lack of workers’ compensation exclusivity: In non-subscriber cases, the employer is not protected by the workers’ compensation exclusivity rule. This means that injured employees can pursue a personal injury claim against their employer and are not limited to the benefits provided by workers’ compensation insurance.
- Negligence claims: In non-subscriber cases, injured employees can typically claim damages for the negligence of their employer or co-workers. This can include damages for medical expenses, lost wages, pain and suffering, and other losses related to the injury.
- Proving fault: In a personal injury claim, the injured employee must prove that the employer or co-worker was negligent and that this negligence caused their injury. This can be more difficult to prove than a workers’ compensation claim, but with the help of an experienced personal injury attorney and strong evidence, injured employees may be able to recover more damages than they would under workers’ compensation.
In summary, injured employees in non-subscriber cases in Texas can typically claim all typical personal injury damages because they are not limited by the workers’ compensation exclusivity rule and can pursue a personal injury claim against their employer or co-workers. However, they must prove negligence and causation to recover these damages, explains Texas Non-Subscriber Lawyer Hector Sandoval.
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In a non-subscriber case, an injured employee may be able to pursue a lawsuit against the employer to recover damages such as medical expenses, lost wages, pain and suffering, and other losses related to the injury. However, the employee would need to prove that the employer was negligent and that the negligence caused the injury.
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Read also: Not Your Typical Texas Workers’ Compensation Case
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