A workplace injury can leave you wondering whether workers’ compensation is your only legal option. In Texas, that is not necessarily the case. Most private employers can choose whether to carry workers compensation insurance, and an employer that does not carry the coverage is known as a non-subscriber. Depending on the circumstances, an injured employee may be able to bring a direct claim against a non-subscriber employer.
John Ghezzi is a Magnolia workplace injury lawyer who evaluates these cases personally. He looks at the employer’s coverage status, how the accident happened and whether another person or company may also be responsible. That initial determination can affect the legal claims available to an injured worker and the damages that may be pursued. Schedule a free consultation with experienced Magnolia personal injury attorney John Ghezzi today.
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Texas is unusual because most private employers are not required to carry workers’ compensation insurance. Texas Labor Code Section 406.002 permits an employer to elect whether to obtain coverage, subject to the exceptions established by law.
A private employer that does not provide workers compensation coverage is commonly referred to as a non-subscriber. Non-subscribers have notice obligations to both their employees and the Texas Division of Workers’ Compensation.
That status matters because the legal rights of an injured worker can be substantially different depending on whether the employer is a subscriber or non-subscriber. The first practical question after a workplace injury is therefore not simply whether the accident happened at work. It is whether the employer had workers compensation coverage on the date of the injury.
For an employee covered by workers’ compensation insurance, Texas Labor Code Section 408.001 generally makes workers’ compensation benefits the exclusive remedy against the employer for a covered work-related injury. The statute provides a specific exception involving exemplary damages in certain death cases involving an employer’s gross negligence or intentional act or omission.
A non-subscriber case is different. Texas Labor Code Section 406.033 allows an employee who is not covered by workers’ compensation insurance to bring an action against the employer for a work-related injury, but the employee must prove negligence by the employer or an agent or servant acting within the general scope of employment.
The statute also provides that certain defenses are unavailable to the non-subscriber employer, including contributory negligence, assumption of risk and negligence by a fellow employee. The law does not eliminate every defense. The Texas Department of Insurance, Division of Workers’ Compensation provides a public system for checking an employer’s workers compensation coverage.
Magnolia TX workplace injury lawyer John Ghezzi can examine the coverage question along with the facts surrounding the accident and pursue an appropriate legal strategy.
Even when an employer carries workers’ compensation insurance, the employer may not be the only party whose conduct matters. Someone outside the employment relationship may have caused or contributed to the accident. That can create a separate third-party claim. Potential third parties can include the following:
A third-party claim is separate from the workers’ compensation claim against the employer. Experienced work injury attorney Montgomery County John Ghezzi examines whether a third party should be included in the investigation rather than assuming that the employer is the only potentially responsible party.
Many people who live in Magnolia and Montgomery County work in industrial and energy facilities across the greater Houston region. Magnolia industrial accident lawyer John Ghezzi accepts workplace injury cases against powerful corporations and vigorously fights on behalf of injured workers.
OSHA records or safety findings may become relevant depending on the circumstances, but the existence of an OSHA violation does not by itself determine every legal issue in a personal injury claim or a workplace death claim. Attorney John Ghezzi evaluates the facts of the particular industrial accident and the legal relationships among the parties involved.
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The damages available after a workplace injury depend on which legal route applies. A workers compensation claim is governed by the Texas workers compensation system, while a qualifying claim against a non-subscriber employer or a responsible third party can involve different rules and categories of damages.
Medical treatment can include care already received and reasonably necessary future treatment. Depending on the injury, that may involve emergency care, surgery, rehabilitation, physical therapy, medication, specialist treatment or continuing medical needs.
Lost income may be relevant when an injury prevents an employee from working. A serious injury can also affect future earning capacity when the person cannot return to the same occupation or cannot work at the same level.
Disability may become an important consideration when an injury produces lasting physical or cognitive limitations. Pain and suffering may also be recoverable when the applicable claim permits those damages.
The legal route matters. Workers’ compensation provides statutory medical and income benefits, while a personal injury claim against a non-subscriber or third party may involve different categories of damages. John Ghezzi examines the employer’s coverage status and the circumstances of the accident before determining which claims and damages may be available.
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1. Report The Injury In Writing: Notify the employer about what happened and keep a copy of the report or other written notice. Include the date, location and basic circumstances of the accident.
2. Get Medical Attention: Seek appropriate medical care and follow through with the recommended treatment. Tell the healthcare provider how the injury occurred and accurately describe your symptoms.
3. Photograph The Scene: If it is safe to do so, photograph the equipment, work area, conditions and visible injuries. Do not place yourself in danger to obtain photographs or videos.
4. Identify Witnesses: Get the names and contact information of people who saw the accident or knew about the conditions that led to it. Write down what you remember while the events are still fresh.
5. Ask About Workers’ Compensation: Ask the employer in writing whether workers’ compensation coverage existed on the date of the injury. Texas provides a coverage-verification system through the Division of Workers’ Compensation that can be used to check an employer’s coverage status.
6. Be Careful With Statements: Do not give a recorded statement about the accident before obtaining legal advice. An employer, insurer or another party may ask questions that could affect how the claim is evaluated.
7. Get Legal Representation: Do not sign documents from an employer or insurance company simply because they are presented to you. Read them carefully and preferably get strong legal representation before signing anything.
COMMON QUESTIONS
Ask the employer in writing whether it carried workers’ compensation coverage when the injury occurred. The Texas Department of Insurance, Division of Workers’ Compensation provides TXCOMP, a public system where coverage can be verified using the employer’s name and the date of injury.
Texas Labor Code Section 451.001 prohibits an employer from discharging or discriminating against an employee because the employee filed a workers’ compensation claim in good faith, hired a lawyer to represent the employee in a claim or engaged in certain protected proceedings or testimony. The specific protections and available remedies depend on the circumstances. A non-subscriber claim under Section 406.033 involves a different legal framework from a workers compensation claim.
It can. A person’s classification as an independent contractor should not simply be accepted based on a job title or agreement. The actual working relationship and circumstances may need to be examined. Classification can affect whether workers compensation laws and other legal protections apply. Magnolia workplace injury lawyer John Ghezzi has over 30 years of experience and an impressive record of settlements and verdicts. Schedule a free consultation today.
WRITTEN BY
Attorney John Ghezzi has over 30 years of trial experience representing injured Texans. He is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. View full bio →