The claim for medical and wage benefits is separate from your right to file a lawsuit for employer negligence
It’s important to understand the distinctions between these two avenues of recovery to ensure you pursue the full compensation you deserve after a workplace injury.
Under Texas law, workers are generally entitled to medical benefits and wage replacement for injuries sustained on the job. However, these benefits are often limited and may not fully address the extent of your losses, especially in cases involving long-term disabilities, significant medical expenses, or emotional suffering. This is why pursuing a negligence lawsuit against your employer can be a critical step, particularly in cases involving employer misconduct, unsafe work environments, or lack of proper safety protocols.
Texas Workers’ Compensation: What You Need to Know
Texas is unique in that it does not require employers to carry traditional workers’ compensation insurance. Employers have the option to “opt-out” of the state’s workers’ compensation system and instead provide alternative forms of coverage. These employers are known as Texas Non-subscribers.
Non-subscriber employers often establish their own plans, such as an ERISA (Employee Retirement Income Security Act) insurance plan, to provide limited coverage for employees who sustain workplace injuries. While these plans may cover some medical costs and wage losses, they generally have strict rules, limited benefits, and may not fully compensate injured workers for all their damages.
Your Rights as an Employee of a Texas Non-Subscriber
If your employer is a Texas Non-subscriber, you may have additional legal rights that are not available under traditional workers’ compensation laws. This includes the ability to file a lawsuit directly against your employer for negligence. Examples of employer negligence include:
- Failure to provide proper training: If you were not adequately trained to perform your job safely, your employer could be held liable.
- Unsafe working conditions: Employers have a duty to maintain a safe workplace. Failure to address hazards such as defective equipment or unsafe procedures can result in negligence claims.
- Lack of safety protocols: If your employer fails to enforce proper safety measures or comply with Occupational Safety and Health Administration (OSHA) standards, they may be responsible for resulting injuries.
Unlike traditional workers’ compensation claims, which are often limited to specific benefits, a negligence lawsuit can allow you to recover broader compensation, such as pain and suffering, emotional distress, and punitive damages if gross negligence is proven.
Benefits and Limitations of ERISA Plans
ERISA plans provided by Texas Non-subscribers typically offer a limited range of benefits to injured employees. These plans are often governed by specific rules and may restrict the types of compensation available. For example:
- Medical Coverage: ERISA plans may cover necessary medical treatments but could impose limits on which providers you can see and the duration of your coverage.
- Wage Benefits: Some plans provide partial wage replacement, but these amounts are often capped and may not fully replace your lost income.
- Exclusion of Pain and Suffering: Unlike lawsuits, ERISA plans do not typically provide compensation for non-economic damages, such as pain and suffering or emotional trauma.
Why Filing a Lawsuit May Be Necessary
For many workers, the benefits provided by an ERISA plan or alternative insurance coverage are insufficient to cover the full scope of their damages. Filing a negligence lawsuit against your employer may be the only way to recover the compensation you need to rebuild your life after a workplace injury. Through a lawsuit, you may be able to recover:
- Full lost wages and future earning potential.
- Medical expenses, including ongoing care and rehabilitation.
- Compensation for pain, suffering, and emotional distress.
- Punitive damages in cases of gross negligence.
It’s important to act quickly if you plan to pursue a lawsuit. Texas law imposes a statute of limitations on personal injury claims, and evidence such as accident reports, witness statements, and photographs should be collected promptly to build a strong case.
How an Attorney Can Help
Navigating the complexities of workplace injury claims involving Texas Non-subscribers and ERISA plans can be challenging without experienced legal guidance. A skilled attorney can:
- Review Your Employer’s Coverage: Determine whether your employer is a Non-subscriber and what benefits are available under their ERISA plan.
- Evaluate Your Case: Assess the extent of your damages and identify whether employer negligence played a role in your injury.
- File a Lawsuit, if Applicable: Pursue a negligence claim to recover full compensation for your losses.
- Handle Negotiations: Deal with your employer’s insurance providers and legal team to ensure your rights are protected.
If you’ve been injured on the job and your employer is a Texas Non-subscriber, don’t settle for less than what you deserve. Contact Sandoval Law Firm at (346) 347-7777 today for a free consultation and let us help you explore all your options for recovery.