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My employer has no worker’s compensation insurance

I was injured at work and my employer has no worker’s compensation insurance. What should I do?

In the case of serious and accidental injury at work, you would be well-served to speak with a personal injury attorney who has experience with premises liability, third party liability, industrial product liability and workplace safety standards. Because the state of Texas does not require employers to obtain worker’s compensation insurance, workplace accidents often become the center of personal injury cases. It could be a strain or sprain due to rigorous activity, a slip and fall on a slick surface, a falling object from a purely secured elevated location, or an electrical injury associated with tools or machines. Even if the injured employee is partially at fault, an employer without worker’s compensation insurance may be held accountable for damages associated with an employee’s injury.

Employers who opt not to purchase Worker’s Compensation policies, so called non-subscriber employers, may be liable and exposed to legal action under the Texas Labor Code if an employee is injured while performing the duties of the job. In the case of a non-subscriber employer, the most important thing for an injured employee is to establish the cause of the injury and the circumstances of responsibility at his/her workplace. This often requires extensive investigation and the gathering of evidentiary documentation and eyewitness statements. More often than not, responsibility falls to more than one party in the event of a workplace injury.

Bringing legal action against a non-subscriber employer, a personal injury victim may be able to recover damages including past and future lost wages, medical expenses, past and future impairment, mental anguish, and physical and emotional losses. In the event of a fatality, the Texas Labor Code permits an employee’s family to bring legal action against non-subscriber employers in a so-called wrongful death case.