Employers Without Workers’ Compensation!
Texas work injury law does not require employers to carry traditional workers’ compensation coverage. Although there is no replacement for Texas Workers’ Compensation Insurance, there are alternatives that exist. For example, employers could be non-subscribers to the Texas Workers’ Compensation insurance program, which means that they could still have an insurance plan that covers injuries to employees.
What are Non-Subscribers?
Generally, any company that doesn’t have workers’ compensation is a non-subscriber but, more commonly, the term is used to refer to Texas Non-Subscriber Companies have elected to provide injury benefits to employees under ERISA (Employee Retirement Income Security Act of 1974). The law allows Texas companies to create a benefit program that provides coverage to its employees in case of a work injury. Over the years, we have represented injured Texans working for the following Texas Non-Subscribers:
If you are injured on the job, a good test for determining whether your employer could be a non-subscriber is to ask human resources if your benefits are being provided under Workers’ compensation. They will likely tell you that the company does not have workers’ compensation. If you are being sent to the company’s doctors, then some insurance has to be paying for those doctor’s visits. Then, there must be coverage and it is very likely a non-subscriber insurance policy.
Non-Subscriber Cases are Different from Workers’ Compensation Cases
- Now you can sue your employer if they were negligent;
- Non-Subscriber Cases can require you to file your case in Arbitration instead of State or Federal Court;
- You will be dealing with a Third-Party Administrator that will be managing your medical care (Sedgwick, Corvel, Esis Caprock or Anchor Risk Management, etc.);
- Your case will be decided by an Arbitrator (Long-time Attorney or Retired Judge) and that
- Your employer cannot claim that you were partially at fault.
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.
Employers with No Insurance at All!
Unfortunately, a side effect of Texas law not requiring employers to carry workers’ compensation is that there are several smaller companies that operate their businesses without carrying any insurance coverage for injuries to their employees. This situation occurs often in the construction setting. Even if you are injured in a construction accident and your employer doesn’t have any work injury insurance coverage, you should consult a lawyer to make sure that you do not pass on your rights to file for benefits against a responsible third-party.
Our firm handles work injury cases of all types. We are ready to discuss your work injury case when you are!