Is My Employer a Workers’ Compensation Insurance Subscriber?

The answer to the above question may be the most important one surrounding your case. There are many states in this country that require companies to pay for, or “subscribe to,” workers’ compensation insurance. Texas, however, does not. A lot of companies in Texas choose to subscribe to workers’ comp insurance, even though it can be very expensive. More about our “Workers Compensation Lawyers in San Antonio” here
The reason is the protection from lawsuits that workers’ comp insurance provides. Companies that choose not to purchase workers’ comp insurance are known as “non-subscribers,” and they are much more exposed to litigation than a subscribing company. Whatever the case, it is vital to ascertain whether your employer is a subscriber or a non-subscriber. You must seek legal assistance in order to completely comprehend the rights you have and to determine the best legal avenue to pursue. While your litigation will differ greatly depending on whether your employer is a subscriber or non-subscriber, both kinds of cases will be filled with complexities and intricacies that inexperienced lawyers and legal laymen will find extremely daunting, to say the least. We know how to pursue litigation no matter what side of the workers’ comp fence your company resides on. Find information on how to act after a “Work Accident Injury in San Antonio” here.

How Does an Employer Benefit from Workers’ Comp?

The benefits to an employer from being a subscriber to workers’ compensation insurance can be enormous. Basically, a subscriber is buying much more than just an insurance policy. It’s buying lawsuit protection. An injured worker cannot sue a subscribing company. Workers comp can provide some compensation to an injured employee to help cover a portion of medical expenses and lost pay, but the amount provided normally doesn’t come close to paying for all the medical bills an injured worker accrues and is woefully inadequate in covering lost wages. Just because you suffer a workplace injury, that does not automatically guarantee that you’ll get even that relative pittance. Worker’s comp payments come from the insurance provider, and many times that insurer will be determined to deny a claim and thus not have to pay anything to the injured worker. At the very least, that insurer will do whatever it can to pay the least amount of money it can possibly get away with. There are several instances in Texas every year where an injured worker’s injury claim is denied flat-out thanks to the efforts of an extremely aggressive insurance provider. An experienced workers’ comp lawyer can work to ensure you do not have to suffer a similar injustice.
Even though a subscribing company is shielded from a lawsuit, there are other legal methods you can employ to get fair restitution for your injury. There may be an exception that applies to your case that may allow you to take legal action against your employer, or you may be able to take action against a responsible third party, such as the manufacturer of a defective piece of equipment that may have led to the accident that caused your injury.

Exceptions in Workers’ Comp Cases

There are two very important exceptions regarding the workers’ compensation system that may help workplace accident victims or their families seek fair restitution. First, if a workplace accident occurs on a workers’ comp subscriber’s job site, and it results in the death of a worker, and it can be proven that the employer’s gross negligence led to the death, then the victim’s family can file a wrongful death lawsuit against that employer.
For workers who suffer an injury, there may be a way to pursue legal action against another party. There could be multiple persons or entities to blame for the injury. A contractor, fellow employee, or an outside third party could have caused the accident. The workers’ comp lawyers at our Law Office know how to thoroughly explore all aspects of your case to identify and pursue legal action against those responsible third parties and find other means of obtaining compensation for injury victims.