In most areas of the country, an employee who suffers an injury while on the job could turn to the worker’s compensation program to receive medical care and salary support. Most states require all businesses to implement this option.
However, the state of Texas does not mandate participation, and, as a result, many workplaces do not offer this type of coverage. Employers that do not participate in the workers’ compensation program are labeled “non-subscribers.” Working for a non-subscriber has both benefits and drawbacks. For instance, at one of these businesses, an employee without health insurance might have to pay out-of-pocket for medical treatment and if they cannot work while injured, they could lose income. On the other hand, if an employer’s negligence contributed to an accident and injuries, the wounded employee could sue their company with the assistance of our seasoned workplace injury representatives.
If you were hurt on the job and your employer does not participate in the workers’ compensation program, a Houston non-subscriber workplace accident lawyer from Kirk Law Firm, PLLC could help you resolve the situation. Get in touch right away to begin building your case.
How Might a Negligent Employer Directly Cause an Injury?
Employers are obliged, under state law, to provide a workplace that is as safe as possible. Some work environments, like construction sites or some factories, inherently feature unique hazards. Regardless, the employer still must take all reasonable precautions to ensure that employees are safe while on the clock.
This means that accidents in a work environment are usually caused by some form of negligence. When a plaintiff suspects that their company or employer is to blame, our detail-oriented attorneys could begin investigating whether the employer:
- Complied with all Occupational Safety and Health Administration (OSHA) requirements
- Provided adequate safety equipment
- Took the time to hire qualified and competent workers
- Properly trained all staff about safety standards
- Employed sufficient personnel to protect workers from errors due to fatigue or multi-tasking
- Adequately supervised a job site
- Kept the premises clean and free from obstructions or hazards
- Openly received complaints about unsafe conditions
- Responded promptly to accidents and took remedial measures
Thankfully, if a claimant and our hardworking attorneys in Houston can demonstrate that an employer failed to perform any of these safeguards, pursuing substantial compensation for medical bills, lost wages, and emotional trauma is most likely an option.
Can Non-Subscriber Employers Defend Against Negligence Claims?
Thankfully, after an accident, state laws prohibit a non-subscribing employer from engaging in certain defense strategies. For example, when an employee is injured while operating under the scope of their employment, their supervisor or boss cannot use the legal concept of comparative negligence to argue that the worker is partially or fully responsible for the incident.
Instead, If the employer is even one percent responsible for the accident that caused the injury, this company needs to pay the full amount of financial compensation that the plaintiff’s claim establishes.
If an injured plaintiff in Houston needs help fighting against a non-subscriber employer who tries to implement comparative negligence, one of our intelligent Houston lawyers could take over the accident case and use state laws to keep the civil claim on track.
Rely on a Houston Non-Subscriber Workplace Accident Attorney for Crucial Guidance
When you get hurt at a job that does not offer worker’s compensation, you need to remember you still have rights that deserve protection. A Houston non-subscriber workplace accident lawyer from Kirk Law Firm, PLLC, could explain these rights in detail and answer any questions you may have.
Additionally, after an accident, your employer might try and manipulate your case to reduce their liability. Our tenacious representatives know how to combat these tactics and can strive to maintain the strength of your case. Call us today to get started on seeking justice.