Although Texas law allows employers to opt out of workers” compensation insurance and become non-subscriber employers, they are still responsible for an employee’s injuries caused on the job. They have a duty to provide a safe work environment and when they don’t, employees get injured—often seriously. Fortunately, there are a number of damages an injured worker could be entitled to.
Compensation Recoverable in a Non-Subscriber Workplace Accident
Injured workers can suffer serious injuries in accidents on the job, including head injuries, spinal cord injuries, burns, and amputated or crushed limbs. Non-subscriber employers could be responsible for the following types of damages:
These can include doctor visits, hospital bills, surgery, physical therapy, vocational rehabilitation, and prescriptions. This can also cover future medical bills, which are often needed with serious workplace injuries that could require multiple surgeries or long-term medical care.
This can include both past and future wages. An injured worker could be off work for months or may never return to work if he suffered a serious injury like traumatic brain injury or loss of a limb. He could be entitled to compensation for the income he will lose that he and his family counted on. If the worker died as a result of his injuries, his family could be entitled to compensation for his income that they have lost.
Pain and suffering.
Often the emotional pain and stress can be as bad as or worse than the physical injuries. He may need long-term counseling and medication to deal with the emotional aspects of his injury and may be entitled to compensation for this type of suffering.
It is very hard to get punitive damages unless an injured employee can show the employer engaged in an intentional unlawful practice. But if this can be proved, the employee could be entitled to punitive damages. These damages are to punish the employer, not necessarily to compensate the worker. The amount of damages would be decided by the judge or jury hearing the case.
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.