Texas Non-Subscribers Do Not Have Workers’ Compensation Coverage!
Over the years, our firm has handled work injury cases for injured Texans employed by Texas Non-Subscribers. Our clients were injured employees who were being denied, what they thought, were workers’ compensation benefits. We found out that these were not workers’ compensation cases. But, if it these claims were not traditional Texas Workers’ Compensation claims, what are they? These are Texas non-subscriber claims. If you work for any of the following companies and you get injured on the job, your claim is not a workers’ compensation claim, it is a non-subscriber claim.
ERISA Plan Benefits Are Not a Substitute for Texas Workers’ Compensation
Texas non-subscribers are able to provide injury benefits to employee pursuant to The Employee Retirement Income Security Act of 1974 or, ERISA. Understanding the difference between a Texas Non-Subscriber case and a Texas Workers’ compensation case is crucial to understanding your rights to compensation and medical care. When an employee is injured on the job, the injury is reported, usually within 24 hours of the incident, and a claim is opened with a third-party administrator. That third-party administrator manages the treatment that will be allowed under “The Plan”. The underlying purpose behind a non-subscriber program is to:
- Limit the Employer’s Exposure to being sued.
- Control the Medical Benefits Paid to an Injured Employee;
- Control the Wage Benefits Paid to an Injured Employee;
- Control the overall costs to the Non-Subscriber Employer.
In short, by electing to go outside of Texas Workers’ Compensation, under a non-subscriber plan, a Texas employer is in a better position to limit what is spent on injury claims every year! Usually, the savings to the employer come at the expense of the injured employees. In other words, where it appears an employer can escape liability, the injured employee’s claim for medical and wage benefits will be denied.
What if your Claim is Denied?
Get help! If your claim is denied, you need to consider whether you could file a lawsuit against your employer for failing to provide a safe workplace. The question you should ask is, was your injury a result of your employer’s negligence? If so, you may have rights to file a lawsuit for your work injury.
If you been injured working for a Texas non-subscriber, you likely have a lot of questions about your benefits. Unfortunately, this system is not intended to provide the best benefits to injured employees. For that reason, injured employee must take matters into their own hands and seek the legal counsel they need.
Here are some frequently asked questions about Texas Non-Subscriber Claims:
- What steps should I take to protect rights?
- What kind of Work Injury Coverage Can My Employer Have?
- What are Texas Non-Subscribers?
- What is the likelihood that my employer is a Texas Non-subscriber?
- How are Workers’ Compensation Claims Different from Non-subscriber Claims?
- What Is an employment benefit plan or summary plan description?
- How Much Time do I have to file my non-subscriber Claim?
- How soon so I have to report my injury?
- Why Can’t I Get A Response from the Claims adjuster?
- Can I See my Own Doctor?
- How do I know if I can File a Lawsuit against my employer?
- Why does my case have to filed in Arbitration?
- Why won’t the adjuster approve an MRI?
- What is an independent medical examination or IME?
- What is an Adverse Benefit Determination?
- How can my injury be pre-existing?
- Will I get fired if I hire a lawyer?
- Can I claim lost wages and recover medical costs?
- How long will it take to resolve my work injury case?
- Do I pay attorneys fees if my case is lost?
- Do I pay case expenses if my case is lost?
- Does my lawyer need to live in the area where I live?
- What are the truths and myths involved in a work injury case?
Even after understanding some of these concepts, you will need to be sure you speak with a Texas non-subscriber attorney that can provide with the best way to approach your case.
Our firm handles work injury cases of all types. We are willing and able to discuss your work injury case when you are ready to get serious about holding your employer responsible for your injuries. Call us at (346) 347-7777 and put Sandoval to work for you!