No Workers’ Comp? Can I Still Sue My Employer? Harris County, TX Guide

No Workers’ Comp? Can I Still Sue My Employer? Harris County, TX Guide

You’ve been injured on the job in Cypress, Hockley, Waller or elsewhere in Northwest Harris County and you’re in pain and lost time at work. If your employer doesn’t carry workers’ comp insurance, you might think that you’re out of luck and have no legal options. Not true! In most cases you CAN still sue your employer, and here’s why. Texas is a different animal than almost every other state in the nation when it comes to workers’ comp and injured workers have important things to know.

The Realities of Texas “Workers’ Compensation”

For starters, let’s get a little Texas “workers’ comp 101” out of the way. For most private employers, Texas is a “non-subscriber” state, meaning they are NOT required to carry workers’ compensation insurance and if they don’t, the traditional “workers’ comp” system doesn’t apply if you get hurt on the job.

Employers who do not carry workers’ compensation insurance in Texas are called “non-subscribers,” and this is done on a voluntary basis. So in most cases, if your employer in Northwest Harris County is a “non-subscriber,” and you get hurt on the job, you can’t file a workers’ comp claim.

This may sound bad, but it actually may put you in a better position to recover full and fair compensation for your injuries.

How to Sue an Employer That Doesn’t Have Workers’ Comp

Your Employer Has Given Up a Lot of Legal Protections by Being a “Non-Subscriber”

Employers voluntarily choose to “opt out” of the traditional workers’ compensation system in Texas by being “non-subscribers.” This may be for a variety of reasons, but what they gain in lower insurance costs, they lose in worker’s compensation case law, procedural rules and defenses that they would otherwise be entitled to. In other words, your employer has given up a lot of legal protections against lawsuits by choosing to be a “non-subscriber” and if their negligence caused or contributed to your workplace accident, you generally can file a personal injury lawsuit against them.

Why This is a BIG Advantage for Injured Workers

The “Grand Bargain” Doesn’t Apply: 

The “grand bargain” of workers’ compensation is simple: you give up your right to sue your employer in exchange for certain guaranteed benefits, even if your employer was not at fault. But when your employer is a “non-subscriber” this “grand bargain” does NOT apply and you generally still have your full legal rights to sue.

Limited Defenses for Non-Subscribing Employers: 

Texas law also severely restricts what defenses a non-subscribing employer can use in court. For example, in an ordinary lawsuit, if you are 50% or more at fault for your injuries, you cannot recover damages. In a non-subscriber case, if your company is 1% at fault for your injuries, your company owes the 100% of your damages. They also cannot generally claim you “assumed the risk” of the work. All of this puts a lot more legal “burden of proof” on the employer in a lawsuit.

What Damages Can You Recover in a Lawsuit Against an Employer That Doesn’t Have Workers’ Comp?

Another huge difference between a workers’ comp claim and a lawsuit against a non-subscribing employer is that workers’ compensation is a “benefits system” that is designed to give you no-fault payment for medical treatment for your work injury, as well as two-thirds of your lost wages and some very limited benefits.

When you file a lawsuit against your employer, if you can prove negligence on the part of your employer, then you are no longer bound by these fixed benefits and recovery amounts in a workers’ comp case. 

You can generally recover a wide range of damages in a lawsuit against a non-subscribing employer including:*

Past and future medical expenses. 

This is the entire universe of treatment you require for your work-related injury, from emergency care and surgery to rehabilitation, physical therapy and all the way down the road if your injury requires long-term or lifetime treatment.*

Past and future lost wages. 

If you cannot work and lose income as a result of your injury, you are entitled to recover the full amount of lost income. This also includes future income that you would have lost if you are still unable to work at the time of your case.*

Pain and suffering. 

This is for all of the physical pain and mental anguish that you have and will continue to experience because of your injury.*

Physical impairment/disfigurement. 

If your injury causes any long-term or permanent impairment to the use or function of any part of your body or causes scarring or disfigurement, you may be entitled to compensation for these as well.*

Loss of earning capacity. 

If your injuries impact your ability to earn a living in the future, you may be able to recover this.*

Other out-of-pocket expenses. 

Including mileage to doctor appointments, and modifications to your home or vehicle that may be required.

THE STATUTE OF LIMITATIONS: TAKING QUICK ACTION IS CRITICAL

The Texas Statute of Limitations for most personal injury lawsuits, including those against non-subscribing employers, is generally two years. This means that if you are injured on the job and do not file a lawsuit against your employer and any other liable parties within two years of your accident, you will generally lose your right to file a lawsuit and seek compensation.Your case needs to be investigated, evidence of negligence must be gathered and preserved, and depositions and other legal proceedings may be required. In addition, employer/insurance companies have teams of lawyers and adjusters who are trained to take advantage of injured workers, and often use any number of delay or defensive tactics to avoid having to fairly resolve a claim. Your rights are on the line and this isn’t a process you want to try to handle on your own.

Talk to an Attorney About Your Injury Case

If you’ve been injured on the job in Northwest Harris County and your employer does not carry workers’ compensation insurance, you may still have rights to file a lawsuit against your employer for negligence. 

To learn more about your rights, including any time limits you need to know about, contact Shaw Clifford Law to speak with an experienced Texas non-subscriber lawyer. We can review the details of your case and help you understand your options and the legal process, and how to hold your employer accountable for your losses and damages.

Contact Shaw Clifford