Many employers in Texas have opted out of providing workers’ compensation benefits for their employees and are known as non-subscriber employers. If your employer has done this too, you still have options for recovering compensation if you are injured on the job. To do so, you must prove that your employer’s negligence caused your accident. Here, we discuss some of the theories of liability you can use to prove your employer was at fault in causing your injuries.
What Are Common Theories of Liability in Non-Subscriber Workplace Accident Cases?
A theory of liability is the reason you claim your employer is responsible for compensating you. You are basically saying your employer owed you a certain duty of care that he failed to provide and, as a result, was negligent. Common theories of liability that could apply to your accident include:
- Failing to provide a safe work environment. All employers are required to provide workers with a reasonably safe work environment. What that entails will depend on the industry, state and federal safety rules, and facts related to your employer and accident. However, this is a common theory of liability in many workplace accident cases.
- Failing to adequately train employees. Employers also have a duty to adequately train their employees. If an inexperienced, untrained employee caused your accident, this theory of liability could help prove your employer’s negligence.
- Failing to adequately supervise employees. The duty to supervise employees includes the duty to ensure workers follow safety measurers—which requires employers first to put into place appropriate measures. Sadly many employers fail to spend enough time supervising employees or to have safety rules geared to protect their workers or fail to enforce them.
In order to prove your employer’s negligence, you must establish that he violated some duty of care that he owed to you. An experienced workplace accident attorney who handles non-subscriber employer cases will know what theory of liability—and other laws—apply in your case and how to prove your employer breached his duty to you.
If you or a family member was hurt in a workplace accident, start an online chat with the legal team at the Hart Law Firm to schedule a free, no-obligation consultation to learn about your legal rights.