What Is a Nonsubscriber Claim in Texas Workers Comp?
Austin Workers Compensation Attorney Explains Texas Law
Most people believe that their employers are legally required to carry unemployment insurance. However, Texas is the only state that does not mandate employers to carry workers compensation insurance. In fact, nearly 40 percent of all Texas businesses, large and small, no longer carry workers comp insurance. In most cases, this is because traditional workers compensation insurance premiums are just too high. As a result, Texas workers compensation claims can be complicated. If your employer is a nonsubscriber, then you may have to file a lawsuit or another kind of insurance claim to recover compensation. An Austin workers compensation attorney can help you strengthen your Texas nonsubscriber claim.
At The Law Offices of Aaron Allison, we know what it takes to build a strong narrative. We have successfully handled several cases against the biggest nonsubscriber companies. This includes H-E-B, Lowes, Home Depot and several healthcare facilities. Attorney Aaron Allison has significant experience with both traditional and nonsubscriber workers compensation claims. As a result, we know what is required for success in both types of cases. Since 1978, our law firm has provided honest and competent legal counsel to the injured workers of Austin.
What Is a Nonsubscriber Claim?
Companies that do not participate in the traditional workers compensation system are called “nonsubscribers.” Additionally, work injury claims are handled differently for employees of these companies. Many Austin workers compensation attorneys simply do not understand the differences between traditional and nonsubscriber claims.
As a rule, the traditional workers compensation system essentially works as a trade-off. In return for carrying workers compensation insurance for all employees, companies are protected from personal injury lawsuits. Injured workers then must make claims against the workers comp insurance instead of suing their own employers.
You have the right to sue your employer for damages after an injury at work in nonsubscriber workers compensation cases. Furthermore, the law only requires you to prove that your employer was one percent at-fault for your accident. If you succeed at demonstrating this, then the company can be held completely liable for your injuries. Ultimately, the success of your claim can depend on the strength of your legal team. Our Austin workers compensation attorney can use his experience to strengthen your nonsubscriber claim.
Who Can Be Liable for Workers Compensation Claims?
Sometimes, a third party – someone other than the employer or its agents – is responsible for a worker’s injuries. For example, a negligent subcontractor, a dangerous property condition or defective equipment may have contributed to your injury. Under the law, the injured employee can file a personal injury claim against the third party. This is in addition to a claim for workers compensation benefits. Thus, if you have been injured on the job in Texas, you have multiple options you can pursue for compensation. Some examples of a third party that can contribute to worksite injuries involve:
- Contractor: Eventually, every structure needs repairs. Sometimes, an outside contractor is hired to make the repairs. Negligence from a contractor can cause injury. For instance, uneven surfaces or falling building materials can harm employees. If this is the case, you may be able to hold the contractor liable.
- Negligent Employees: You expect your job to offer a safe environment. Unfortunately, sometimes another employee acts in a negligent manner. As a result, you could be injured due to someone else. For example, another employee could leave equipment out in a loading dock, resulting in a slip and fall.
- Product Manufacturers: Some jobs require the use of sophisticated or powerful tools. Unfortunately, these tools can sometimes be faulty. An investigation can help reveal if a defective product contributed to your injury.
Hurt on the Job? Contact Our Austin Workers Compensation Attorney Now
Have you been injured on the job and have questions about your rights? Not every attorney knows how to handle a nonsubscriber workers compensation claim. Without an experience Austin workers compensation attorney, you risk paying for compounding bills. In addition to pain and suffering, you might also miss time from work. As a result, you can easily feel overwhelmed. You can mitigate your risk by retaining an experienced Austin attorney who can protect your best interests.
At The Law Offices of Aaron Allison, our Austin workers compensation attorney has the experience and resources necessary to ensure that your needs are met. We are proud to be one of only four law firms handling workers comp cases in central Texas. Our goal is to maximize your full and fair compensation for medical benefits, lost wages, pain and suffering. Call (512) 474-8346 or contact our Austin attorney online for a free consultation about your claim.