Employees in Texas may consider filing a lawsuit against their employers after a claim denial in several circumstances, including:
- Employer Retaliation: If an employer retaliates against an employee for filing a workers’ compensation claim or reporting a workplace injury, the employee may have grounds for a lawsuit.
- Intentional Conduct: If an employer intentionally causes an injury to an employee or engages in conduct that intentionally places employees at risk of injury, the employee may have grounds for a lawsuit.
- Third-Party Liability: If an employee’s injury was caused by a third party, such as a manufacturer of a defective product or a negligent contractor, the employee may be able to file a lawsuit against the third party in addition to a workers’ compensation claim against their employer.
- Gross Negligence: If an employer engages in grossly negligent behavior that leads to an employee’s injury, the employee may be able to file a lawsuit for damages beyond what is available through workers’ compensation.
- Non-subscriber Employer: In Texas, some employers may choose not to subscribe to workers’ compensation insurance. In these cases, employees may have the right to sue their employer directly for injuries sustained on the job. Learn about Texas Non-Subscriber work injury cases.
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Overall, the decision to file a lawsuit against an employer after a claim denial should be made in consultation with a qualified attorney. An experienced Texas non-subscriber attorney can help an injured worker understand their legal options and determine the best course of action for their specific circumstances.
In Texas, some employers may choose not to subscribe to workers’ compensation insurance, making them “non-subscriber” employers
When an employee is injured on the job while working for a non-subscriber employer, they may have the right to sue their employer directly for damages, explains Texas Non-Subscriber Lawyer Hector Sandoval.
When an employee sues a non-subscriber employer for work-related injuries, the case is typically heard in civil court. The employee will need to prove that their injury was caused by the employer’s negligence or intentional conduct. This can include demonstrating that the employer failed to provide a safe working environment, did not adequately train employees, or failed to maintain equipment or machinery.
If the employee is successful in their lawsuit, they may be able to recover damages for medical expenses, lost wages, and pain and suffering. However, unlike workers’ compensation, there is no cap on damages in a lawsuit against a non-subscriber employer.
It’s important to note that suing a non-subscriber employer can be a complex and challenging process. Employers may vigorously defend themselves against claims and may attempt to shift blame onto the employee. For this reason, it is recommended that employees injured while working for a non-subscriber employer seek the assistance of an experienced attorney to help them navigate the legal process and maximize their chances of a successful outcome.