Employers in Texas are permitted to opt out of providing workers’ compensation insurance to their employees. They are referred to as non-subscriber employers. Employees who work for these companies and are injured on the job must prove that their accident was caused due to negligence in order to receive compensation for their injuries.
Many non-subscriber employers in the Dallas, Fort Worth, and the Mid-Cities areas require individuals to sign arbitration agreements when they are hired. This means the employee is agreeing to arbitrate his workplace injury claim and is waiving his right to file a civil lawsuit and have his case decided by a judge or jury at trial.
What Is Arbitration?
Arbitration is a system of resolving disputes without filing a lawsuit in court or having a case decided by a judge or jury. Instead, the case is decided by an arbitrator, who may be a retired judge or attorney. When arbitration is binding, which is often the case, it means that the arbitrator’s decision is final.
Arbitration is a less formal proceeding than a trial in Texas. Here is how arbitration often works:
- The employer and employee have to agree on an arbitrator, who may need to be selected from a list provided by an arbitration company.
- The employer often pays for the cost of the arbitrator.
- The arbitration is frequently conducted at the arbitrator’s office. The attorneys, employer, employee, and arbitrator are present at the arbitration.
- The arbitrator will conduct a hearing during which the parties can present their claims. While the rules of evidence should be followed in this hearing, this is not always the case.
- After the hearing, the arbitrator will decide the issues in dispute. He may do so in a written opinion that is sent to the employer’s and employee’s lawyers.
- In binding arbitration, the arbitrator’s decision is final and cannot be appealed.
Have You Been Injured At Your Texas Job And Your Employer Doesn't Provide Workers' Compensation?
If you've been injured on the job and your employer is non-subscriber you need to speak with an experienced work injury lawyer as soon as possible. Contact us online or call our our Colleyville office directly at 817.485.8888 to schedule your free consultation.