How Long Do You Have to Report an Injury at Work?
While workplaces all over the nation can be dangerous, Texas’ disproportionately large share of oilfields and its booming construction business means Texas also has a larger than its fair share of serious and fatal workplace accidents. Many employers choose to have workers’ compensation insurance coverage, but many do not, leaving employees vulnerable to the consequences of workplace injuries. Furthermore, many people only discover that their employer does not subscribe to workers’ compensation insurance after getting injured, leaving them with many questions and unsure of where to turn for help. If you have been hurt at work, make sure you speak with a Texas nonsubscriber workplace injury lawyer so you can get the help you need.
How Do Nonsubscriber Workplace Injury Lawsuits Work?
Unlike workers’ compensation cases, nonsubscriber lawsuits are essentially handled like any other personal injury case that just happens to have occurred at work. An employee will still need to prove that an employer was negligent in their duty of care to the employee and that the negligence resulted in the employee’s injuries. Common types of negligence include:
- Poor training
- Insufficient safety gear
- Unclear or insufficient safety policies
- Exposure to hazardous chemicals
Fortunately, the law tends to be on the side of employees who are injured on the job while working for companies that are non-workers’ compensation subscribers. Usually, a company that has workers’ compensation insurance can reduce an employee’s benefits by arguing the employee was partially responsible for their injuries. In nonsubscriber injury cases, however, your employer cannot argue that you were at fault for your injury at all, even if you were almost entirely at fault. If found liable for any share of your injuries, they must cover the entirety of the liability in your claim.
You may be able to win compensation in a case against your employer in the following categories:
- Pain and suffering
- Lost wages
- Medical expenses
- Punitive damages, especially if the employer was grossly negligent
Your case may not necessarily go to court. Often, nonsubscriber workplace injury cases are settled through negotiation or with the help of an arbitrator. An experienced attorney can help you negotiate a fair settlement and, if an employer is not willing to fairly negotiate, can represent you in court.
Call a Carrollton, TX Nonsubscriber Workplace Injury Lawyer
If you have been hurt at work and your employer does not carry workers’ compensation insurance, you may need to file a lawsuit to get the compensation for your injury that you deserve. Call the offices of Hartley Law Firm today at 214-470-2975 to schedule a free consultation with our Carrollton, Texas workplace injury lawyer and learn more about your options.