As an employee in Texas, the way you file for workers’ compensation may not be similar to employees in other states.
Learning more about this process and how to tell whether or not your employer currently subscribes to compensation coverage can help you determine what steps to take after getting injured on the job.
Knowing the difference
Workers’ compensation insurance does not come directly from the business, but rather from a federal system. The biggest difference for workers living in Texas is that their employers are not required by law to subscribe to medical compensation insurance for injured workers. This means each employee with a grievance must file a lawsuit for negligence, which typically does not happen in other states.
However, a company that did subscribe to an insurance policy is not in the same position. Generally, their limit for paying damages gets capped much like other states. It also limits their liability, in that they are not held accountable for certain types of injuries and situations.
Non-subscribers, those who do not provide coverage, can get sued for full damages if you get hurt on the job. This means they may end up covering legal fees along with the amount awarded for compensation. If you get injured and decide to sue, your situation may be different than a regular workers’ compensation lawsuit in another state.
It is also important to note that non-subscribers lose certain other guarantees due to this arrangement. Instead of being able to argue that the employee’s negligence caused the accident or that the fault lies with other employees, this law holds the employer accountable.