The laws surrounding workers’ compensation insurance vary from state to state, but it’s likely that they are challenging to understand and may provide an additional layer of complexity towards receiving compensation if you’ve been injured or a loved one has been killed due to an on the job accident. Some states require that all companies carry workers comp insurance. Other states, like Texas, do not require all companies to carry workers comp insurance, although it is encouraged through certain incentives that they do so. Tyler work injury lawyer Michael Grossman offers the following information regarding the differences between subscribers, i.e. companies that are covered by workers compensation insurance, and non-subscribers, i.e. companies that are not covered by workers compensation insurance, and why that difference can make an immense difference in work injury cases in Texas. However, note that the following information applies to Texas and should only be used as general information regarding the ways in which workers comp laws may work in your particular state. If you’ve been injured or have lost a loved one to an on the job accident, be sure to contact a lawyer that can practice in your own jurisdiction so that you can be correctly apprised of your possible legal options.
The main benefit for a company to subscribe to workers compensation insurance in Texas is the fact that being covered by workers comp prevents an injured employee from bringing a personal injury claim against a covered employer. In other words, the employer is immune to a lawsuit brought by one of their employees. The injured employer can only seek compensation through the workers compensation insurance process. One exception to this rule exists if a company’s gross negligence has caused a worker’s death, in which case the family of the bereaved can bring a wrongful death claim against the negligent employer.
On the other hand, if a company is not covered by workers compensation in Texas, an employee can bring a Corpus Christi personal injury claim or wrongful death claim against the negligent company. In so doing, they can seek compensation for their injury or loss from the company itself, and whatever insurance policies might be at play in regards to the specific on-the-job accident that occurred.
However, many companies in Texas, and likely elsewhere that have similar laws, will attempt to skirt liability in a personal injury or wrongful death case by claiming to be covered by workers’ compensation insurance when, in fact, they are not. By presenting themselves as a subscriber, they can make it appear as if an injured employee or a bereaved family aren’t allowed to bring a claim against them. This is an under-handed tactic that is unfair to the injured worker or the grieving family. Often, it takes the work of an experienced legal professional to find out the true nature of a company’s workers comp status. As such, it’s important that, if you’re in a situation in which you desire to seek compensation for a work injury or loss, you seek competent legal help who can assist you in properly identifying a negligent company’s workers comp status. It could mean the difference between receiving full compensation for your loss, or receiving nothing at all.