Job Injuries: Understanding the difference between non-subscriber and worker’s compensation cases in Texas

by Tim O’Hare

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If you’ve been hurt in a work-related injury and assume your employer has insurance to cover your medical expenses, you might be wrong. A worker’s compensation case is highly dependent on whether or not the company you work for carries worker’s comp insurance. Companies have the freedom to choose whether or not to subscribe to a worker’s compensation insurance program, and many times, companies opt out in an effort to save money.

When a company subscribes to a worker’s comp insurance plan, they are protected by The Texas Worker’s Compensation Act, which was put into place to protect employers from the legal consequences as a result of an employee’s work-related injury. Companies that choose to carry a worker’s comp insurance plan are covered in the event of an employee injury and the insurance company will cover the injured worker’s medical expenses and a portion of his or her wages. On the flipside, companies that do not carry worker’s comp insurance are not protected by this Act.

If you’ve been injured at work and your employer does not carry insurance to cover your injury, you have the option to sue your employer for your loss, if the employer was negligent, to cover your medical expenses, lost wages and pain and suffering. In this circumstance, you need the help of a personal injury attorney who will stand up for your rights as an injured worker. In non-subscriber cases, as these cases are called, the employer will often seek the help of an attorney whose sole purpose is to keep the employer from paying out anything on the claim, including medical expenses, leaving the injured worker without recourse to cover medical bills and lost wages.

The Law Offices of Tim O’Hare works with individuals who have “non-subscriber” job injury cases. In the instance that someone is injured at work and his/her employer does not subscribe to a worker’s compensation insurance plan and is negligent, we will get involved. We also take cases in which a third party is involved. For example, if an individual driving a car for work is involved in an accident caused by another party unrelated to the company, we will work on behalf of our clients to get fair compensation from the at-fault party’s insurance, even where worker’s compensation is available.

If you have been injured at work, you may be entitled to compensation to cover your medical expenses and perhaps even lost wages. If you’re wondering whether or not you need an attorney, call us. The experienced legal team at The Law Offices of Tim O’Hare will guide you through your work injury case and ensure you are not taken advantage of by someone with more money than you.

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