In Texas You Can File A Lawsuit, Usually In Arbitration, Against A Texas Non-Subscriber Employer If Employer Negligence Caused Your Injury
While the majority of employers in Texas have the option to provide workers’ compensation insurance or opt out and become non-subscribers, non-subscribers do not enjoy the same legal protections as employers who provide workers’ compensation coverage. Non-subscribers are not shielded from personal injury lawsuits brought by employees who are injured on the job. Read also: Reporting Workers’ Compensation Insurance Coverage to Employees
If you are an employee of a non-subscriber employer in Texas and you sustain an injury due to your employer’s negligence or the negligence of a fellow employee, you have the right to pursue a lawsuit against your employer. In this context, arbitration refers to an alternative dispute resolution process that is sometimes used in place of traditional litigation in the court system. Arbitration involves submitting the dispute to an arbitrator or panel of arbitrators who act as neutral third parties and make a binding decision.
By filing a lawsuit or proceeding to arbitration against a non-subscriber employer, you have the potential to seek compensation beyond the limits imposed by the workers’ compensation system, explains Texas Non-Subscriber Lawyer Hector Sandoval.
This may include economic damages (such as medical expenses, lost wages, and future earning capacity) as well as non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life) if you can demonstrate that the employer’s negligence was a factor in causing your injury.
It’s important to consult with an attorney who specializes in personal injury or employment law in Texas to understand your rights and options fully. They can provide personalized advice based on the specific circumstances of your case and guide you through the process of pursuing a lawsuit or arbitration against a non-subscriber employer.
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What Type of Damages Can Your Recover In A Texas Non-Subscriber Case?
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.