In Texas, an employer is allowed to opt out of having workers’ compensation insurance. They then become a non-subscriber employer. However, these employers are still responsible for an employee’s injuries if they were caused at least in part by the employer’s negligence. A worker can prove his employer’s negligence in a number of ways, such as showing the employer failed to provide adequate training, failed to supervise employees properly, or failed to provide proper safety equipment. It is important that injured employees pursue their claims promptly, because there is a statute of limitations, or limited amount of time, to sue for injuries caused by employer negligence.
Time Is Limited to File a Workers' Comp Claim
A statute of limitations in a workers’ comp case is the time period a person has to sue for his injuries. If a person fails to sue within this time limit, he cannot file a lawsuit to recover money for his injuries. The statute of limitations varies, depending on the type of claim a person is pursuing. An employee injured on a job where the employer is a non-subscriber must sue within the following time periods:
- Two year rule. In general, an injured person must sue within two years of the date of his injury.
- Discovery rule. Sometimes a person does not realize he has suffered a serious injury at work because the problem worsens over time. In this situation, a person has two years from the date he discovers the problem, or should have reasonably discovered it, to file a lawsuit against his employer.
Have you been injured in a non-subscriber employer work accident? It is important to consult with an attorney as soon as possible after your injury to be certain you sue within the statute of limitations. Start an online chat to schedule a free consultation to learn about your legal rights.