Employers in Texas and their insurance companies strongly defend employee injuries at work , especially when they are Non-Subscriber or are self-insured and have opted out of the Workers’ Compensation Program. Comp).
Generally, the Worker’s Compensation system protects both the worker and the employer , allowing employees quick access to benefits while protecting employers from being sued in court. Many employers still choose not to have Workers’ Comp and take advantage of this protection. Why? Well, there can be plenty of reasons, but it is important to understand that all of them are related to reducing costs for the employer.
Employers who refuse to make Texas Worker’s Compensation are generally classified into three categories:
- Small businesses (Uninsured) with few employees who make the financial decision to omit payment of the insurance premiums required for workers’ compensation.
- Self-insured corporations with the financial ability to pay claims for injuries when employees are injured.
- Non-Subscriber Employers that hire an insurance company that offers an alternative to workers’ compensation through an injury benefit plan based on ERISA (Employee Injury Insurance Plan) and managed by a third party (Third Party Administrator) whose work is to keep the insurance and the money of the insured company.
The problem for these three groups is that, regardless of the choices they have made, they are not exempt from being sued for not providing reasonably safe work.
The early retention of an aggressive and experienced work injury lawyer to represent you in a work injury case will give you the confidence to know that you are receiving the care and benefits you deserve. A Texas workplace injury lawyer shares a common goal with an injured client, helping the client return to being healthy or in the best possible state of health so that then, and only then, can that insured client decide to try to resolve your case or advance to trial or arbitration.
What Your Texas Employment Law Attorney Can Do
A Texas personal injury lawyer rockford il who focuses on workplace injuries will understand how to investigate the incident that caused the injuries and if the company violated federal and state safety regulations and safety regulations.. The labor accident attorney may then collect evidence regarding non-compliance by the employer. The employer’s insurance company also conducts an accident investigation seeking reasons to deny the claim, including technical aspects that will be used to deny payment of benefits. The investigation and defense of the claim begins immediately after the incident. Then, almost immediately, the injured employee is behind in preparing his case against a negligent employer. Time is of the essence and your work injury lawyer should work quickly.
Damages (What is Recoverable?)
While employers who comply with the Workers ‘Compensation law may be isolated from general damages, those who do not have workers’ compensation insurance are liable for the total damages when an accident attorney can prove to the court that the Injuries are related to a valid work accident . You can receive compensation for all past and future: medical bills, lost wages, physical deterioration, disfigurement, physical pain and mental anguish . Injuries that result in a disability require the knowledge of an experienced attorney who understands how to make a case for full financial reimbursement for a career reminder.Even a reduction in the ability to perform the same job tasks in the future can be claimed in one case.
As you can see, cases of accidents at work can be complicated and often require the testimony of co-workers or witnesses of the incident who can verify the facts and practices that led to the work injury. Attempting to personally handle a work injury claim can be futile. It is best to have the advice of a work injury lawyer who knows what to expect from a self-insured or non-subscribing employer, and can create a solid case to obtain the maximum compensation for damages for you. The lawyer you choose can make a big difference. Have a work injury lawyer who can be trusted and with a long track record of results for injured clients.