Workplace injuries can happen to anyone, regardless of the industry they work in. Fortunately, most employers are required by law to have workers comp coverage in case an employee is injured on the job. However, what happens if your employer doesn’t have this coverage?
Unfortunately, this situation can occur in Texas since the state allows employers to opt out of having workers’ compensation insurance. If you find yourself in this predicament, there are still options available to you.
We’ll discuss what you should do if your employer does not have workers comp coverage and how a Houston work injury lawyer can help protect your rights.
Texas Allows Employers to Opt Out of Workers Comp Coverage
Texas allows employers to opt out of providing workers’ compensation coverage for their employees. The idea was to give companies more flexibility to manage their own workplace injury programs and potentially save money. However, opponents argue that this puts workers at a disadvantage since they are not guaranteed compensation for workplace injuries.
If an employer chooses not to provide workers’ compensation insurance, they must still take reasonable care to maintain a safe work environment under Texas law. You can sue your employer for negligence if you suffer an injury due to their failure to provide a safe working environment.
However, proving negligence can be difficult because you’ll need evidence showing how your employer’s actions (or lack thereof) led directly to your injury. That’s why it’s essential to contact an experienced Houston work injury lawyer who knows how to navigate these complex cases.
Employers With No Coverage Can Be Sued by Injured Workers
If you are injured on the job and your employer does not carry workers compensation insurance, you may be able to sue them for damages.
However, it’s important to note that suing an employer without workers comp coverage can be a complex process. You will have to prove negligence on the part of your employer, which means showing that they did something wrong or failed to do something they should have done.
It’s also worth noting that even if you win your lawsuit, there is no guarantee that you will receive all the financial compensation you are entitled to. Your recovery could depend on how much money your employer has available to pay damages.
If you want to sue an uninsured employer for a workplace injury, it’s crucial that you work with an experienced Houston lawyer who understands the ins and outs of these types of cases.
You Will Have to Prove Your Employer’s Negligence
If your employer does not have workers’ compensation coverage, you can sue them for your workplace injury. But you must prove the employer was negligent in order to win your lawsuit. This can be a complex process.
To prove negligence, you will need to show that your employer had a duty of care to provide a safe work environment, that they breached this duty by failing to take reasonable precautions or by engaging in reckless behavior, and that this breach directly caused your injury.
It is important to work with an experienced lawyer who can ensure that all necessary evidence is collected. This may involve collecting witness statements, documenting safety violations or hazards at the worksite, and obtaining medical records and other evidence related to your injury.
Keep in mind that even if you are able to successfully prove negligence on the part of your employer, Texas law follows the principle of comparative negligence. This means that any damages awarded will be reduced according to the degree of fault assigned to both parties.
Employers in Texas Can’t Argue Comparative Negligence
In most Texas personal injury cases, the defendant can use comparative negligence as a defense. This means that if the injured party was partly responsible for an accident, the compensation should be reduced accordingly. For example, if you’re found to be 25% responsible for your injury, any potential award would be reduced by 25%.
However, an employer who doesn’t have workers’ compensation insurance can’t avoid or reduce liability using this method.
You Are Eligible to Collect Economic and Non-Economic Damages
If you are injured at work and your employer does not have workers compensation coverage, you may be able to collect economic and non-economic damages. Economic damages refer to the financial losses you incur as a result of your injury, such as medical bills, lost wages, and rehabilitation costs.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses that do not have a specific monetary value attached to them. These types of damages can be more difficult to quantify but are just as important in helping compensate for the harm caused by your injury.
In order to prove your case and win the money you deserve, you need an experienced Houston work injury lawyer on your side.
Let an Experienced Houston Workers Compensation Lawyer Protect Your Rights!
If you have been injured on the job and your employer does not have workers comp coverage, you have the option to file a lawsuit. Proving the employer failed to maintain a safe work environment can be complex and overwhelming without the help of an experienced lawyer.
At Houston Injury Lawyers, we are dedicated to protecting the rights of injured workers in Houston and throughout Texas. Our team of skilled attorneys has extensive experience handling cases involving employers with no workers comp coverage. We will work tirelessly to hold your employer accountable for their actions and ensure that you receive the compensation you deserve.
Contact us today at 346-220-1821 for a free consultation and let us fight for your rights!