Most states require employers to subscribe to workers’ compensation insurance.
However, Texas is one of the few states that does not require employers to provide workers’ compensation insurance to its employees.
If you were recently injured at work, you might wonder if your employer carries workers’ comp insurance and what to do if they don’t.
Texas Non-Subscriber Law
In Texas, an employer can choose to carry workers’ compensation insurance.
If the employer decides to subscribe, the injured employee must file a workers’ comp claim and cannot sue their employer for a work-related injury.
On the other hand, if the employer is a Texas non-subscriber, the injured workers may sue for negligence.
How Do I Know If My Employer Carries Worker’s Compensation Insurance?
Texas law requires employers to post information about their workers’ comp insurance in an open high-traffic area in the workplace which all employees have access to, such as the breakroom.
If the employer subscribes to a state-approved workers’ compensation plan, the posted notice must include the insurance carrier’s name, address, and contact information.
If the employer does not carry state-approved workers’ comp insurance, a notice must be posted in an area accessible to all employees.
The notice should provide the type of benefits plan in place and the contact information of that carrier.
What If My Employer Does Not Subscribe to Workers’ Comp Insurance?
Although not required by law, many Texas employers still choose to subscribe to a workers’ comp insurance plan because it can be more cost-effective than defending a lawsuit.
However, some employers elect not to subscribe to workers’ comp insurance. Often, a Texas non-subscriber who does not carry a state-approved plan is otherwise self-insured.
Sometimes, employers choose to maintain other forms of insurance to cover the cost of employee work injuries.
However, these plans usually provide less protection and benefits for injured employees and employers.
How Do I Prove My Case Against My Non-Subscribing Employer?
If you are pursuing a claim for injuries against your non-subscribing employer, you will generally have to prove a negligence claim.
There are several different negligence theories in which you may assert a claim, including:
- Failing to provide a safe work environment,
- Failing to provide adequate safety equipment,
- Failing to provide proper training, and
- Failing to supervise or assist sufficiently.
The specific negligence claim you assert will depend on the facts and circumstances surrounding your injury. An attorney can help facilitate your road to compensation.
Texas Non-Subscriber Workers’ Compensation Attorneys for Employees
Whether your employer is a Texas non-subscriber or carries workers’ comp insurance, you need strong representation if you are injured on the job.
We have protected employees’ rights for over six decades at The Zimmerman Law Firm. We will assess your case and determine your avenue for recovery.