Austin Workplace Injury – Traub Law Office Legal Solutions

Navigating a workplace injury claim can be a complex and daunting process. When you file a workplace injury claim, you can expect a thorough evaluation of your case, assistance with gathering necessary documentation, and expert legal advice on your rights and entitlements. The goal is to ensure you receive fair compensation for medical expenses, lost wages, and any long-term impacts on your ability to work. Understanding these steps can help you feel more prepared and confident as you seek the compensation you deserve.

Texas Workplace Injury Law

Texas is the only state that allows employers to opt out of having workers’ compensation. Even though having workers’ compensation insurance is in the best interest of an employer’s business, some choose not to have it. According to the Texas Department of Insurance, a significant percentage of Texas employers do not carry workers' compensation insurance.  If they do not have worker’s compensation, they are known as non-subscribers.

The TDPI gives the following statistics: 44 percent of Texas employers are non-subscribers, 20 percent of Texas employees work for non-subscribers, 40 percent of Texas employers with five or fewer employees are non-subscribers, 12 percent of Texas employers with more than 1000 employees are non-subscribers. If injured on the job and their employer is a “non-subscriber, the worker has two choices to recover compensation. They can either receive payment through an alternate benefit plan or they can file a non-subscriber workplace injury claim. The amount that a worker receives can vary greatly depending on the method they choose to go with.

The Employer's Responsibility

An employer still has a responsibility to the employee even if the employer has opted out of having workers’ compensation insurance. Under Texas law, employers have to provide a safe work environment for their employees to avoid workplace injury.  If an employee is injured on the job, the employee can pursue a negligence claim against his employer. The employee must show that the employer failed to provide a safe workplace in several ways such as failing to hire adequate staff, failing to provide sufficient training to employees, failing to properly supervise employees, failing to provide safe machinery and tools, and failing to train employees in the use of those tools, and failing to provide safety equipment.

Non-subscribing employers are prohibited from arguing that the employee was at fault and caused their injuries unless the employee was visibly intoxicated or intentionally brought about their injury. The injured employee will likely have a strong case if neither of these situations applies to the employee’s case on workplace injury.

The non-subscribing employers are under no obligation to pay for a worker’s lost wages. The employer can choose to pay the injured employee a portion of their current wages.  The amount and duration of these payments are completely up to the employer.  The payments may not be enough to cover the worker’s bills, forcing the employee to return to work before they have fully healed from their injuries. Compensation available through non-subscribing employers is often inadequate and employees should always consult with an attorney before accepting any employer benefits.

What to Do If You are Injured on the Job

It's essential to take immediate action to protect your health and well-being while also safeguarding your legal rights. Firstly, seek medical attention promptly, ensuring your injuries are properly evaluated and treated. Report the incident to your employer as soon as possible, adhering to any specific procedures outlined in your workplace's policies. Document the details of the accident, including how it occurred and any contributing factors, to provide comprehensive information for future reference. Additionally, gather witness statements and collect any relevant evidence, such as photographs of the scene or your injuries.

It's crucial to notify your employer in writing and keep copies of all correspondence related to the incident. Lastly, consider consulting with a qualified workers' compensation lawyer who can guide you through the process of filing a claim and ensure your rights are upheld throughout the proceedings.

Navigating the aftermath of a workplace injury can be daunting, but knowing your rights and taking proactive steps can make a significant difference in securing the compensation and support you deserve. Keep detailed records of all medical treatment and expenses related to your injury, including doctor's appointments, prescriptions, and therapy sessions. Follow your doctor's orders and attend all scheduled appointments to demonstrate your commitment to your recovery.

Throughout the process, maintain open communication with your employer and insurance provider, keeping them informed of your progress and any challenges you may encounter. By staying proactive and informed, you can effectively navigate the complexities of a workplace injury and ensure that your rights are protected every step of the way.

Need a Lawyer?

If you have been injured on the job and your employer is a non-subscriber, you need to speak with an experienced workplace injury attorney to help you file a claim.  Contact us by filling in the form or call us at (512) 246-9191