Although many states require employers to carry workers’ compensation insurance, Texas is not one of those states. That’s why there are actually two types of workplace injury claims that can be filed in Texas. If an employer does opt to carry workers’ compensation insurance, any workplace injury claim that’s filed will be done through that channel.
If an employee gets injured at work and their employer doesn’t carry workers’ compensation insurance, they can still get the compensation they deserve for their medical bills, as well as other costs like suffering and not being able to work. When an employer chooses not to carry this type of insurance, they are considered a non-subscriber. The channel for workplace injury claims with a non-subscriber is to file a lawsuit.
The Steps to Take If You’re Hurt at Work in Houston
Regardless of whether your employer carries workers’ compensation or is a non-subscriber, there are several steps you will want to take in the event that you’re ever injured at work. The first step is to report your injury to your employer. This is true even if you initially consider the injury to be a minor one. Given that there are plenty of injuries that don’t seem severe at first but end up being quite significant, it’s always best to get an injury on record as soon as possible. Failing to do so may ultimately mean that you’re unable to secure any compensation for an injury.
After you report your injury to your employer, they may later ask you to give a formal statement about what happened. Prior to giving any type of formal statement, you should strongly consider speaking with a Houston lawyer who specializes in workplace injury cases. Both workers’ compensation and non-subscriber lawsuits can get quite complicated. By finding a Houston attorney early on in this process and listening to their advice, you can avoid making any mistakes that could put your case in jeopardy.
In addition to speaking with a Houston workplace injury attorney prior to giving a formal statement, you should also consult with them before you sign any forms. For example, you may be asked to provide access to your medical information. While it may ultimately make sense for you to provide that consent, only a Houston attorney who knows the specifics of your case will be able to properly advise you. You’ll also want to follow all the guidance that your doctor provides. When you meet with your doctor, be sure to provide a clear explanation of how your injury occurred at work.
If your workplace injury case involves a non-subscriber employer, your Houston attorney will need to prove several things. Specifically, your claim will hinge on being able to show that your employer failed to provide a safe workplace. Although there’s no guarantee that enough evidence can be collected to build a truly compelling case, having a knowledgeable Houston lawyer working on your case from the beginning will give you the best of odds of winning your workplace injury claim.