A Safe Workplace
Work can be dangerous. Even seemingly safe jobs (e.g., those in an office setting) can quickly become dangerous if employers are careless. For that reason, Texas law requires that employers take certain basic steps to ensure a safe workplace, such as hire competent co-workers, provide safety regulations, provide necessary training, and provide necessary equipment.
When employers fail to provide a safe workplace, people can be injured. If that has happened to you, contact our Texas office to have your case reviewed by an Austin workplace injury lawyer.
Workers' Compensation: Overview
Most states require employers to have workers’ compensation insurance for their employees after a workplace accident or workplace injury. When an employee is hurt, their case goes through the state’s workers’ compensation system. Like other states, Texas has a workers’ compensation system; it is administered by the Texas Department of Insurance.
If hurt at work and going through the state system, perhaps the two most important things for an employee to know are: (1) notify the employer within 30 days, and (2) file the claim within one year.
Sadly, if the timelines are not followed, compensation may be unavailable. Learn more here (FAQ #1).
Workers' Compensation: Types of Benefits
The natural question after a workplace injury is, “What benefits are available?” That doesn’t make someone greedy; it makes them human. This is because injuries often require medical treatment, which of course costs money, and injuries also often impact an employee’s ability to work and earn wages.
The different types of workers' compensation benefits are:
- Income benefits.
- Temporary income benefits.
- Impairment income benefits.
- Supplemental income benefits.
- Lifetime income benefits.
- Medical benefits.
- Burial benefits.
- Death benefits.
Non-Subscriber Claims
An Overview of Non-Subscriber Claims
In Texas, unlike in other states, workers’ compensation insurance is optional. Employers who choose not to have workers’ compensation insurance are known as non-subscribers, meaning they have not subscribed to the state workers’ compensation system. An employee's workplace injury or workplace accident case is handled differently when their employer is a non-subscriber.
In theory, for workplace injuries involving these employers, they can be sued in a Texas state court. But in reality, most of the non-subscriber employers in Texas have their employees sign an arbitration agreement upon being hired, which requires injury claims to go through arbitration. To make matters even more confusing, these employers also often have some type of other insurance policy—not workers’ compensation but similar—which they informally call a “comp policy.”
These cases are unique to Texas. But they are also quite common, as some of the largest employers in the state are non-subscribers. Our Austin workplace injury lawyer is ready to help you navigate these complex cases.
How are non-subscriber claims different?
Cases against non-subscribers are unique in a variety of ways. But two big quirks stand out:
(1) Texas law limits the defenses available to non-subscriber employers; and
(2) Non-subscribers frequently have their employees sign arbitration agreements, often upon initial hire.
What is a non-subscriber claim in Texas?
An employer is a non-subscriber if they have chosen not to have workers' compensation insurance. If an employee is injured at this type of employer, the employee may have a non-subscriber claim. These claims are unique to Texas.
The team at Cronauer Law's Texas office in Austin is experienced in non-subscriber claims. Contact us today for a free case evaluation.
Third-Party Claims
Workplace injuries caused by someone other than the employer are known as third-party claims. These types of claims can often secure compensation that is unavailable against an employer. If that has happened to you, contact our Texas office to have your case reviewed by an Austin workplace injury lawyer.
Experienced Workplace Injury Lawyers
At Cronauer Law, we are an experienced personal injury law firm and civil rights law firm, proudly handling workplace injury and workplace accident cases. Our team of dedicated legal professionals is committed to helping our clients receive the compensation they deserve. If you need a workplace injury lawyer in Austin, contact us today!
Free Consultation & No Win, No Fee
We offer a free consultation to discuss your workplace injury or workplace accident and determine the best course of action. We also operate on a contingency fee basis, which means you don't pay us anything unless we win your case. You have nothing to lose by contacting our Austin office today.
Contact Us
If you have been injured and need an experienced personal injury law firm or civil rights law firm, contact us at our Texas office in Austin. We are available 24/7 to help you with your case.