What can you do if injured and your employer lacks workers’ comp?

On Behalf of | Jul 14, 2023 | Personal Injury

Getting hurt at work can turn your world upside down, especially when your employer does not provide workers’ compensation. This situation can be even more complicated in Texas, where, unlike in many other states, employers do not have to provide this coverage.

You might wonder what you can do if you get an injury on the job and your employer does not have workers’ compensation insurance. Here are some of the options you have for seeking compensation for your injuries in such a case.

File a lawsuit against your employer

You have the right to sue your employer for negligence if they do not subscribe to workers’ compensation insurance in Texas. You can seek compensation for your medical bills, lost wages and pain and suffering. However, remember that you will need to prove that your employer’s negligence caused your injuries, which is not necessary when filing a workers’ compensation claim.

Claim against a third party

If a third party caused your injury, you might file a claim against them. This could be a vendor, a manufacturer of defective equipment or another party not associated with your employer.

Claim from your personal health insurance

Your personal health insurance could cover some of your medical expenses from a workplace injury. But this method does not compensate for lost wages or other damages, and the insurance might require you to reimburse the money if you get compensation from your employer.

Explore government programs

Some government programs can assist injured workers. Social Security Disability Insurance might help if your injury causes a long-term disability. Additionally, Medicare or Medicaid can cover some medical expenses if you qualify.

Seek help from a workers’ advocacy group

In Texas, workers’ advocacy groups provide resources and support to injured workers. These organizations can guide you through the process of seeking compensation and connect you with helpful resources.

Texas law prohibits employers from retaliating against employees who seek compensation for workplace injuries. You have the right to pursue compensation without fear of losing your job or facing other negative consequences. Know your rights, understand your options and do not hesitate to fight for the compensation you deserve.

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