If your work injury claim has been denied, you may be wondering what your next steps are. In Texas, many injured workers face delays, reduced benefits, or outright denials when seeking compensation through their employer’s insurance plan. However, just because your claim was denied does not mean you don’t have legal options.
Employees in Texas may have the right to file a lawsuit against their employer, especially if their employer is a Texas Non-Subscriber who opted out of the state’s Workers’ Compensation system. Filing a lawsuit could be the best way to recover full compensation for your medical expenses, lost wages, and pain and suffering.
At Sandoval Law Firm, PLLC, Attorney Hector Sandoval fights to protect the rights of injured workers and ensure they receive the compensation they deserve.
📞 Call Sandoval Law Firm, PLLC at (346) 347-7777 for a FREE consultation to discuss your case today!
When Can You File a Lawsuit Against Your Texas Employer?
If your claim was denied, consider filing a lawsuit if:
- Your employer is a Texas Non-Subscriber. Unlike workers’ compensation subscribers, non-subscriber employers can be sued for negligence.
- Your employer failed to provide a safe working environment. If your injury resulted from unsafe conditions, lack of training, or defective equipment, you may have a case.
- Your employer’s insurance denied your claim unfairly. Many injured workers are denied due to technicalities, pre-existing conditions, or lack of employer documentation.
- Your medical expenses exceed what the employer’s insurance covers. Many Texas Non-Subscriber plans do not provide permanent disability benefits or full medical compensation.
- Your employer retaliated against you for filing a claim. If you were fired, demoted, or treated unfairly after reporting an injury, you may have additional legal claims.
What Compensation Can You Recover in a Lawsuit?
Unlike traditional workers’ compensation claims, lawsuits against Texas Non-Subscriber employers can result in higher payouts, including:
- Full medical expenses – Past, present, and future medical costs related to your injury
- Lost wages & future earning capacity – Compensation for missed work and inability to return to your job
- Pain & suffering – Damages for physical pain, emotional distress, and loss of enjoyment of life
- Disability & long-term care – If your injury results in permanent disability, you may receive compensation for ongoing treatment and lost career opportunities
Because non-subscriber employers are not protected by Texas Workers’ Compensation laws, they cannot use the usual legal defenses to limit what you can recover in a lawsuit.
Steps to Take Before Filing a Work Injury Lawsuit
If your injury claim has been denied, here’s what you should do before considering legal action:
- Obtain a copy of your claim denial letter. This will outline the reason for denial and any options for reconsideration.
- Seek an independent medical evaluation. Get a second opinion to confirm the severity of your injuries.
- Gather evidence of employer negligence. Unsafe work conditions, lack of safety measures, or inadequate training can strengthen your case.
- Document all medical expenses and lost wages. Keep copies of hospital bills, doctor’s notes, prescriptions, and pay stubs.
- Speak with a Texas Work Injury Lawyer. An experienced attorney can review your case and determine if you have grounds for a lawsuit.
Protect Your Rights – Let Us Fight for You!
If you’ve been injured on the job and your claim was denied, you may still be entitled to significant compensation. Don’t let your employer or their insurance company decide your future.
At Sandoval Law Firm, PLLC, we take Texas Non-Subscriber cases seriously and fight for injured workers to secure the justice and financial recovery they deserve.
📞 Call (346) 347-7777 today for a FREE consultation! Protecting your rights is our fight!