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When employers have Texas Workers Compensation Insurance, injured employees may file a workers compensation claim to seek payment for such items as medical expenses, lost wages, and impairment. Frequently, a lawyer is not needed for a workers compensation claim because there are limits on recovery. However, if you have been injured on the job by a third party (someone who does not work for your employer), or by a defective product or piece of equipment, or your employer does not carry Texas Workers’ Compensation Insurance, you may have a valid claims for a case. These types of claims typically require a lawyer. Please call us at (972) 499-4813 or click here for a free case review.
Workers’ compensation insurance offers no-fault medical and financial benefits to employees who are injured on the job. However, these benefits are very limited and often do not provide Texas employees with adequate compensation.
In Texas, employers may elect whether to carry or subscribe to real workers’ compensation insurance or choose to be a nonsubscriber and elect to purchase a replacement insurance plan. Real workers’ compensation insurance usually costs more than replacement insurance, but by purchasing the real insurance, employers protect themselves from being sued by an employee in most cases. Replacement insurance, or fake workers’ compensation insurance, usually costs much less than the real insurance but leaves the employer open to being sued by an injured employee. Many Texas employers opt for the fake workers’ compensation insurance in order to save money and take their chances on being sued if an employee is hurt while on the job.
Texas businesses that choose not to subscribe to a real workers’ compensation insurance plan are referred to as “nonsubscribers.” Many Texas nonsubscriber employers carry other accident insurance plans, reimbursement policies, or stop loss insurance policies to protect themselves against employee work injury claims. Some Texas employers choose not to be insured at all.
In order to be fully compensated, it is often necessary for injured Texas workers to file a lawsuit or claim against their nonsubscriber employer for their work injuries. Due to the legal complexities involved with work injury cases, it is recommended that you seek advice from one of our work injury lawyers regarding the specifics of your claim. We also highly recommend that you do not speak to any insurance company before talking to us, so we can protect you from the ways in which insurance companies gather evidence to deny your claim.
Tate Law Offices, PC helps injured employees who were hurt on the job when their employer is a nonsubscriber or their injury was due to the actions of a third party. We can provide a free and confidential review of your case and discuss all of your legal options. We are dedicated to pursuing the maximum amount of compensation for you. Our goal is to do everything we can to help you and your family get back on your feet.
It is critical to find out if your employer is covered under real Texas workers’ compensation insurance The best way to determine this is to ask your employer.
However, employers often do not want employees to file a claim because it can increase their policy rates. So you may not get a straight answer if you ask directly.
There is a way way around this by checking an online database of subscriber employers. The Texas Department of Insurance offers a database you can search which is available on the Texas Department of Insurance- Division of Workers Compensation website. You can look up your employer by the employer name and date of accident, and you will get a list of results.
Unfortunately, it is not always clear if your employer had worker’s compensation on the date you were injured.
The best way to make sure is to fill out Form DWC-041 which is the official form used to initiate a claim. You will need to submit the completed form by mail or by electronically. A claim number will then be sent to y0u. After this you will receive. You only have one year from the date of the injury to submit form DWC-041.
If you are still uncertain call Tate Law Offices to review your claim.
Texas employers have a duty to maintain a safe workplace. This duty is established by state and federal regulations.
According to the Occupational Safety and Health Administration (OSHA), an employer’s responsibilities include:
Unfortunately, many companies and employers disregard occupational safety laws, resulting in serious work accidents. If an employer fails to comply with these regulations, and you are hurt as a result, you may be able to file a personal injury claim to recover for the losses you have suffered.
Texas workers’ compensation insurance benefits are primarily limited to medical expenses and a portion of your lost wages. In contrast personal injury damages are often available in cases where an employee is injured and the employer does not subscribe to Texas workers’ compensation insurance or the employee is injured by someone other than the employer (a third party). Personal injury cases such as these have a broader scope in terms of the available forms of compensation, which could include:
Our law firm handles serious Texas work injury cases when Texas employers do not carry workers’ compensation insurance or third parties caused our clients’ work injuries. We have extensive experience helping injured workers, including those who have suffered traumatic injuries, such as:
Texas is home to many of the most dangerous industries, including oil and gas, construction, and agriculture. Some of the most common types of workplace accidents that occur in Texas include:
If your employer is a nonsubscriber and you are not covered by workers’ compensation, you may be able to sue your employer for your Texas work injury with a personal injury claim. Though it is limited, Texas workers’ compensation is a no-fault system, and covered employees can recover benefits without having to show that their employer did anything wrong to cause the accident and resulting injuries. With a personal injury claim, you will have to show that your injury was due to your employer’s negligence, carelessness, or wrongdoing. This usually requires you to show:
There are other instances when employees may be able to sue their employer even if they did have workers’ compensation insurance, such as:
Our knowledgeable Texas work injury lawyers can review your case during a free consultation and inform you if you have a viable claim against your employer.
In addition to claims you may have against a nonsubscriber employer, you may also have claims against a third party who contributed to your injuries. Third-party claims are claims made against non-employers who are responsible for on-the-job injuries. Examples of work injuries that may involve a third-party claim include:
In these types of situations, you may be able to file a third-party claim against the negligent party who caused your injury, even if your employer has real workers’ compensation insurance. These claims are often brought against:
At Tate Law Offices, we can help you to determine if you are eligible to bring a Texas wrongful death claim based on your loved one’s work-related death. We can carefully guide your case throughout the process of seeking damages, which may include:
If your employer does not subscribe to the workers’ compensation system, and you were injured in a workplace accident, Tate Law Offices can:
While your case is pending, we can also work with health care providers to make sure that you get the medical treatment you need. Your health should always be the top priority.
Tate Law Offices will not charge you any legal fees or costs unless we recover compensation for you.
At Tate Law Offices, we understand the challenges faced by work injury victims. We do not charge any fees for our legal services unless we recover a settlement or win a jury verdict in your favor. We have extensive experience handling nonsubscriber and third-party work injury claims and lawsuits in Texas.
We represent clients anywhere in the state of Texas, including Dallas, Fort Worth, Midland-Odessa, and Houston. If you’ve been injured on-the-job and have a nonsubscriber employer or were injured by someone other than your employer, call or text us now at (972) 499-4813 or contact us online to speak with one of our skilled work injury lawyers and to receive your free case consultation.