In Texas, employers have the right to opt out of providing workers’ compensation benefits and to become a non-subscriber employer. This gives them the benefit of not paying for workers’ compensation insurance, which can be expensive, and paying any workplace injury claims regardless of who was at fault in causing them. However, being a non-subscriber employer has drawbacks, and your employer could lie about his status to avoid his responsibilities for your injuries caused on the job.
Why Your Employer Might Lie About Being a Non-Subscriber
Some employers deceive injured workers and tell them that they have workers’ compensation insurance when they do not really have it. In some cases, they have an insurance policy that they purchased that provides fewer benefits than true workers’ compensation insurance. Here’s why employers—including yours—could be lying about being a non-subscriber:
- Employers want the protection of not being sued that workers’ compensation gives them and the fixed amount of medical expenses and wages they would pay to a worker. They may claim to have this insurance to dissuade an injured worker from filing a claim for additional compensation.
- Employers do not want the negative consequence of being a non-subscriber employer in terms of liability for fully compensating workers for injuries suffered at work. Injured employees could be entitled to compensation for medical expenses, all of their back and future wages, and pain and suffering in a non-subscriber employer case. Your employer would be responsible for fully compensating you if your employer was as little as one percent to blame for your injuries.
What Should You Do If You Suspect That Your Employer Is Lying About Having Workers’ Compensation Insurance?
If you are concerned that your employer is being less than truthful about having workers’ compensation insurance, you want to contact an experienced workplace injury attorney right away. He can help you determine whether your employer is a non-subscriber and assist you in pursuing your rights under Texas’ non-subscriber employer laws.
At the Hart Law Firm, we understand the complexities of Texas’ non-subscriber employer laws and the challenges in resolving these claims. If you were hurt on the job and want to learn about your legal options, call our office today to schedule your free consultation.