Non-Subscriber Employers
Non-subscribing employers, also known as non-subscribers, are those employers who do not purchase state-sanctioned workers’ compensation insurance. The procedures and processes for filing claims and seeking compensation from non-subscribers are fundamentally different than when dealing with subscriber employers, and it can be a very torturous ordeal. More about our “Workers Compensation Lawyers in San Antonio” here
The primary difference between the two types of employers is that an employee who has suffered a workplace injury while employed by a nonsubscriber is that he or she can easily file a legal action against their employer for their pain and suffering. The arena for action, so to speak, for these cases usually moves to the courtroom instead of in a workers’ comp administrative bureaucracy. Find information on how to act after a “Work Accident Injury in San Antonio” here.Because these claims are settled in a court of law, this arena tends to favor an injured employee who can retain an aggressive and experienced attorney. Be that as it may, a Workman’s Comp lawsuit is almost never an easy battle. An injured employee who works for a nonsubscriber has more legal rights, but that doesn’t mean he or she has the experience and understanding to prosecute their own cases.
The law involved is too complex for a non-lawyer to comprehend, so it is necessary for an experienced and trial-tested workers’ compensation attorney to take your case and give you a much-increased chance of recovering the full and fair compensation you need to recover from your injuries and for your pain and suffering.
To start, you have to first file a claim with your employer. If you and your employer do not reach an agreement regarding a plan of action in regard to your claim and compensation, then you must file a lawsuit to seek the compensation you need for your injuries and losses. The problem is that once your case goes to trial, you bear the burden of proof for showing your harms and suffering are due to your employer’s carelessness or negligence in providing a safe work environment. Further, it is your responsibility to “prove” how much monetary compensation you deserve in terms of lost and future lost wages, medical expenses, emotional distress, and pain and suffering.
Texas law allows for a lower threshold to demonstrate the burden of proof and employer liability in nonsubscriber claims so as to punish employers for not signing on to Texas workers’ comp. This fact generally works in favor of injured and harmed employees.