Texas Non-Subscribers are companies that have elected to go outside of the coverage and rules of the Texas Workers’ Compensation program. These companies have hired an insurance company to provide injured employees certain health and wage benefits under an ERISA Employee Benefit “PLAN”. Typically, if you don’t already understand what it means to be a Texas Non-Subscriber, you would not know whether your employer has true Texas Worker’s Compensation or, they have an Employee Benefit Plan.
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One of the main differences between the two is a very important one. If your employer has Workers’ Compensation Coverage, they cannot be sued even if they were negligent in causing your injury. If your employer has an employee benefit plan, and they’re a Texas Non-Subscriber, then you can file a lawsuit against them if their actions caused your injury. This is an important difference that hospitals, clinics, and doctors are not concerned about because they’re more focused on where they need to send the bill. Medical providers often use forms from the Texas Department of Insurance to report the status of your injuries and your restrictions even though your employer is a Texas Non-subscriber. For these reasons, you can’t trust your medical providers to tell what kind of coverage you could be entitled to. Whether your employer is Worker’s Compensation can be determined in a matter of minutes, but this isn’t information that your employer is likely going to share with you voluntarily. You need to do your research or find someone who understands how to get to the root of the coverage.
Here at Sandoval Law Firm, PLLC, we understand the frustrations that injured workers face from the minute they get injured. The shaming and the resistance begin almost immediately. The concerns of the employee and the goals of the company following an injury-producing work incident do not run in the same direction.
That primary concerns an employee injured on the job are:
- Getting the proper medical attention;
- Getting compensated for missed time; and
- Getting back to work as soon as possible.
Do you work for a Texas Non-subscriber?
If you’re injured on the job and you work for a Texas Non-subscriber, what you’re likely experiencing the following:
- Your Employer refusing to take you to the emergency room immediately;
- Your Employer being more concerned about having you take a drug test;
- Having difficulty getting a hold of the insurance company representative that’s supposed to tell you when and where you can go to see a doctor;
- You finally see a doctor but all they do is try to minimize your injury and call it a sprain or a contusion (bruise;
- The doctors that you’re seeing put you on restrictions that your employer will not honor or, will not accommodate;
- You know that something more serious is going on, the doctors seem to think you need more serious exams but, the insurance does not want to approve it or, they want you to do some physical therapy first.
- That your benefits are being denied because the insurance company is claiming that you were already injured before the incident!
Because Texas Non-Subscribers know that they can be sued or taken to arbitration for their negligent actions, the immediate goals of the company following an injury-producing work incident are to minimize the exposure to litigation. For this reason, good medical care for the injured employee can sometimes be compromised and delayed.
If you’ve been injured on the job and don’t know whether you are entitled to benefits under Texas Worker’s Compensation or, whether your employer is a Texas Non-Subscriber with an Employee Injury Benefit Plan, call Houston Work Injury Attorney Hector L. Sandoval and get the representation that you deserve! Sandoval Law Firm, PLLC helps injured workers. Call (346) 347-7777 for a free and informative consultation!