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.
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.