Your employer may be like many Texas employers who have opted out of providing workers’ compensation benefits. When you are injured on the job, you still have a right to compensation. However, your rights are dramatically different, and you must prove your employer’s negligence in causing your injuries.
Employers are permitted to raise certain defenses in non-subscriber cases. One defense to this that you do not want your employer to win is the sole proximate cause defense.
How the Sole Proximate Cause Defense Could Affect Your Non-Subscriber Workplace Injury Claim
To understand the sole proximate cause defense, you need to know what you must prove to establish your employer’s negligence for your injuries. You must show the following:
- Your employer owed you a duty.
- Your employer breached the duty to you.
- Your employer’s breach caused the incident that resulted in you being injured.
- You suffered injuries as a result of the incident.
The sole proximate cause defense attacks the third element that you must prove: your employer’s causation of your injuries. To use this defense, your employer would be claiming that you were 100 percent at fault in causing your injuries. Your employer would not be disputing that the incident occurred, just who caused it. If your employer won this defense, you would be entitled to no compensation.
Obviously, it is important to your case to defeat this argument. Why is this defense so attractive to your employer? The reason is the comparative negligence law that applies in non-subscriber cases. To encourage employers to provide workers’ compensation benefits, this rule provides that your employer is responsible for 100 percent of the compensation you are owed if your employer was at least one percent negligent in causing your injuries. In most cases, some employer negligence will not be hard to prove—if you have the assistance of an experienced workplace injuries attorney.
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.