Texas Non-Subscriber Work Injury Lawyer

In Texas employers are not required to carry workers’ compensation. However, if an employer does not have workers’ compensation and an employee gets injured at work, then a claim can be made against the employer for the employer’s negligence, if any, that caused the injury. Our firm handles quite a few of these claims against employers who do not carry workers’ compensation. These claims are known as “non-subscriber” work injury claims. Because there is no limit on the damages in a non-subscriber case, there can sometimes be a substantial recovery. We have recovered in excess of a million dollars for many different clients with non-subscriber cases.

If you are hurt at work and your employer has workers’ compensation you cannot make a claim against your employer for the injuries. However there may be claims against a “third-party.” For example, if you are driving a vehicle for your employer and you are hit by somebody else, then you can make a claim against the other driver since they are not your employer but instead are a “third-party.” Also, for example, in the oil field if you were working for a drilling company, and another company was on location such as a casing crew who caused your injuries, then you could make a “third-party” claim against the casing company that caused your injuries.

If your employer truly does carry workers comp insurance at the time of your injury, then you are barred from suing your employer; you must go through the Workers Compensation Commission to recover damages for your injuries. However, we have had dozens or more clients come to us under the impression that their employer carried work comp insurance, and when we checked it, the employer in fact did not. The only way to be sure is to seek the counsel of a personal injury attorney. At Glasheen, Valles & Inderman, we will perform this check for free before a contract is ever signed.

Even if your employer does carry workers compensation insurance, you might still have what is called a third-party claim. This refers to if your injury was caused by a person or company other than your employer or a co-worker. This is especially common in oil field cases where there may be three, four, or more different companies represented at a drilling site. In these cases, the fact that your employer carries work comp does not affect your claim against third parties, and seeking the services of a personal injury attorney is highly advised.

Personal injury claims are usually resolved by either settlement or by a jury. When a case is settled, it is the client’s decision of whether or not to accept a settlement offer. The lawyer will advise the client as to the potential value of the claim. Lawyers evaluate the potential value of a claim by predicting what a jury would do based on experience with similar claims.A jury can consider all sorts of damages in a personal injury case including medical expenses in the past and in the future, loss of earnings in the past and in the future as a result of the injury, physical pain and mental anguish in the past and in the future, compensation for impairment – that is loss of use, and disfigurement damages. The jury has discretion in awarding the sums. We can give you advice on the value of your claim based on our experience with some of our claims and similar jury results.