An employee suffering a serious injury on the job could face high medical bills and a long period off work while he recovers. Finding out that his employer does not have workers’ compensation insurance can add to his stress. Fortunately, an injured worker still may be able to receive compensation from his employer.
Texas is the only state that allows employers to opt out of having workers’ compensation and to become a non-subscriber. According to the Texas Department of Insurance, a significant percentage of Texas employers do not carry workers compensation insurance, as the following stats indicate:
- 44 percent of Texas employers are non-subscribers
- 20 percent of Texas employees work for non-subscribers
- 40 percent of Texas employers with five or fewer employees are non-subscribers
- 12 percent of Texas employers with more than 1000 employees are non-subscribers
How Non-Subscriber Employers Could Be Responsible for Employee Injuries
An employer who opts out of having workers’ compensation insurance does not eliminate his responsibility if an employee is injured on the job. Under Texas law, employers have a duty to provide a safe work environment for their employees. If the non-subscriber employer fails to do so, an injured employee can pursue a negligence claim against his employer if he can show his employer failed to provide a safe workplace in a number of ways, including:
- Failing to hire adequate staff
- Failing to provide sufficient training to employees
- Failing to properly supervise employees
- Failing to provide safe machinery and tools and to train employees in the use of them
- Failing to provide necessary safety equipment
Unlike traditional negligence cases, an employee only needs to show that his employer was partially negligent in causing his injuries to be entitled to compensation. This means that an employer who was 10 percent at fault in causing an employee’s workplace accident would still be liable for paying the worker’s damages. An employer is also responsible for other employees’ negligence or partial negligence in causing an injured victim’s accident.
Get Help to Protect Your Rights
An employee injured on the job can suffer life-changing injuries—such as traumatic brain injury, paralysis, burns, or loss of a limb. Fortunately, he may be entitled to compensation for his past and future medical bills, lost wages, and pain and suffering from his non-subscriber employer.
Have you or a family member been injured in a workplace accident? Our friendly and experienced legal team is here to help you understand your legal options. Call us at (817) 380-4888 to schedule a free, no-obligation consultation to start learning how you can get the compensation you deserve.