Workplace injuries can be a turning point in any employee's life. But when it comes to workers' compensation in Texas, things can get complicated, especially if your employer is not a subscriber to the Texas Department of Insurance (TDI) Workers' Compensation system. At Vargas Guerra, LLP, we often encounter confusion and misconceptions about this very issue, and it's crucial for both employees and employers to understand the legal landscape.
Texas Workers' Compensation: A Choice for Employers
In Texas, unlike many other states, employers have the option to opt out of the state-run workers' compensation system. These non-subscribing employers may set up their own injury compensation system or may have no system at all. However, this choice carries significant legal implications, especially when an employee is injured on the job.
The Implications of Not Subscribing to State Workers' Comp
For employers who aren't subscribers to the TDI system, the stakes are high in the event of a workplace injury. Contrary to a common misconception, non-subscribing employers do not enjoy immunity from being sued for on-the-job injuries. In fact, under Texas law, they lose some key defenses in personal injury claims, such as arguing that:
- The injured worker’s negligence caused the injury.
- The injury was caused by the negligence of a fellow employee.
- The injured employee knew about the danger and voluntarily accepted it.
This can leave non-subscribing employers significantly more vulnerable in workplace injury lawsuits.
What This Means for Injured Workers
If you're an employee who's been injured at work and your employer is not a subscriber to the state's workers' compensation system, you may have the right to sue for damages. This could include compensation for medical expenses, lost wages, pain and suffering, and even punitive damages in some cases.
Seek Legal Assistance
Navigating the aftermath of a workplace injury can be challenging, particularly in Texas with its unique workers' compensation laws. If you find yourself or a loved one in such a situation, it's crucial to seek legal advice to understand your rights and options.
At Vargas Guerra, LLP, we're committed to guiding workers through these complex legal paths and advocating for their rights. If you have questions about a workplace injury, workers' compensation, or your employer's responsibilities under Texas law, contact us for a consultation.
Stay informed and stay protected. Know your rights in the event of a workplace injury, especially in the complex legal environment of Texas workers' compensation laws.
