In most states, employers with a certain number of employees must carry workers’ compensation insurance. However, in Texas, companies may choose not to subscribe to a WC policy.
As a Texas worker, if you experience a job-related injury, you may be eligible for compensation, including payment for lost wages and medical expenses. However, the type of benefits available and the type of claim you need to pursue to receive them will depend on whether your employer is a WC subscriber or a nonsubscriber.
How are subscriber and nonsubscriber claims different?
Under workers’ comp, you may be able to receive income and medical compensation by filing a claim under your employer’s WC insurance policy. You do not have to file a lawsuit to receive WC benefits, and you do not have to prove that your employer was negligent. This system makes it easier for workers to receive benefits and protects employers against injury lawsuits.
If your employer does not subscribe to WC, your company may offer alternative options for receiving limited benefits. However, these may be inadequate, especially if your injury was severe. If your employer’s negligence was responsible for your injury, you may need to file a personal injury claim to receive the compensation you need to get your life back on track.
What benefits are available under a nonsubscriber claim?
Workers’ comp entitles eligible employees to limited compensation for lost income and medical care. However, the law does not put a cap on nonsubscriber claims against negligent employers. By filing a personal injury suit, you may be able to receive the full compensation you need for present and future medical expenses and lost earning potential as well as your pain and suffering.