In Texas nonsubscriber cases, where an employer has chosen not to provide workers’ compensation insurance, injured employees have the option to pursue a personal injury lawsuit against their employer. In such cases, there are several types of damages that an injured worker can potentially claim that are not available in a workers’ compensation case. These may include:
- Pain and Suffering: In a nonsubscriber case, an injured employee may be able to seek compensation for physical pain, emotional distress, and mental anguish resulting from the injury. Workers’ compensation, on the other hand, generally does not provide compensation for pain and suffering.
- Punitive Damages: In some cases where an employer’s actions are deemed to be particularly egregious or intentional, injured employees may be able to seek punitive damages. These damages are intended to punish the employer for their behavior and deter similar conduct in the future. Workers’ compensation does not provide for punitive damages.
- Loss of Consortium: Nonsubscriber cases may allow the injured worker’s spouse to claim damages for the loss of companionship, affection, and support resulting from the injury. Workers’ compensation typically does not cover loss of consortium.
- Future Wage Loss: If an injury in a nonsubscriber case results in a long-term or permanent disability that affects the employee’s ability to earn income in the future, they may be able to claim compensation for future wage loss. Workers’ compensation benefits generally have specific limits and may not fully account for future earning capacity.
- Third-Party Liability Claims: In some situations, a third party (someone other than the employer) may be partially or entirely responsible for the accident and resulting injuries. In a nonsubscriber case, the injured worker may be able to file a separate lawsuit against the responsible third party to seek additional compensation. Workers’ compensation does not provide for third-party liability claims.
It’s important to note that the availability and extent of these damages may vary depending on the specific circumstances of the case, and proving liability in a nonsubscriber case can be more challenging than in a workers’ compensation claim, explains Texas Non-Subscriber Lawyer Hector Sandoval.
Consulting with an attorney who specializes in nonsubscriber cases in Texas can provide you with more detailed information and guidance based on your specific situation.
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