What Happens if I Work for a Texas Non-Subscriber and I Get Hurt at Work?

How Do I File a Claim?

While employees are protected under both non-subscriber and traditional worker’s comp, it may be slightly more difficult to file a claim with a company that is a non-subscriber. Non-subscribers can set many of their own standards, and any cost paid to a hurt employee comes entirely from the business or employer. Thus, providing compensation can be difficult and costly for non-subscribers, but it does not absolve them of responsibility for pain and injury sustained on the job. There are, however, steps an employee can take to streamline the process.

Steps to File a Claim

Filing a claim with a non-subscriber is most effective if all of the details are kept in order. First, take a picture of your injury, then take several pictures of the space in which you were injured for personal and court records. Having visual documentation of an injury as soon as it has occurred, as well as the space where it occurred – including any factors that may have contributed to the accident – will safeguard your account of events and make them more difficult to contest.

Next, visit your physician. Get an in-depth assessment of the injury, and explain to him or her that you will require any information they can provide regarding the extent of the damage. Ask for this to be provided in writing for documentation that will assist you in your case. Once you have performed your due diligence and gathered information, contact Brian White. A personal injury attorney is the best line of defense, ensuring your side of the story is fully heard, helping to secure compensation.

How to Strengthen a Non-Subscriber Injury Case

Often, the likelihood of a favorable verdict will greatly depend upon how much time the plaintiff has taken to ensure he or she is fully prepared for the proceedings. When moving forward with the proceedings, consider the following ways in which you could assist in securing your claim:

Prove the Employer Was Negligent

The employer will be open to fault through negligence if the employee can successfully prove a few factors:

  • The staff was inadequate to handle the job at hand, resulting in extra stress and possibility of error.
  • Failure to maintain a safe jobsite and working conditions, thereby putting employees at risk.
  • There was a failure on the part of the employer to furnish or properly maintain equipment needed for successful sand safe job performance

Be Prepared to Combat Traditional Non-subscriber Defenses

There are certain ways that non-subscribers often attempt to dodge liability. Three of the most popular are:

  • Citing contributory negligence, which means that the party who was harmed was negligent themselves and the injury was partially or wholly their own fault. 
  • Arguing that the employee or injured party knowingly assumed the risk associated with the injury, and therefore the employer is less accountable for damages. 
  • Attempting to displace injury fault onto another employee by utilizing the “fellow-servant rule.” The fellow servant rule argues that the injuries sustained were due to negligence on the part of a co-worker of the injured party, leaving the company absolved of responsibility.

While utilizing these tips doesn’t guarantee a win, a prepared plaintiff is more likely to gain the compensation he or she deserves.

Engage an Attorney

Working with an attorney who specializes in personal injury law is the best way to establish a solid case and gain compensation for the injuries you have sustained and the wages that may be lost as a result. When dealing with a non-subscriber company, injury claims are filed directly against the employer. Call Brian White to make sure your company takes care of you.

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