What is a non-subscriber?
A large number of the biggest employers in Texas – such as Wal-Mart, Target, and Home Depot – don’t carry or “subscribe” to workers’ compensation insurance. These corporations are known to be “non-subscribers”, and in cases where employees are injured while on the job, it is considered a “non-subscriber case”. Some companies carry insurance like workers compensation but is not true workers’ compensation insurance.
In the case of personal injury claims, the defendant is given the opportunity to argue that the plaintiff is the one responsible for the injury. When the jury trial is coming to an end, the jury will assign a percentage of responsibility to both the defendant and the plaintiff. Any percentage of responsibility placed on the plaintiff will significantly reduce the amount of compensation they will receive.
If the jury weighs the damages in the amount of $100,000 and assigns 10% of the responsibility to the plaintiff, the defendant will be required to pay $90,000 to the plaintiff. Because of the 10% assigned to the plaintiff, the recovery will be reduced from $100,000 to $90,000 due to their responsibility regarding the injury.
How non-subscriber cases are different
If you are injured on the job while employed by a non-subscriber corporation, Texas state law usually favors the victim. The employer is prohibited from attempting to assign blame to the victim for their injuries. If it is ruled that the employer is even 1% at fault for the accident, they are held responsible for 100% of the damages caused by the accident.
In most of cases, employers are found responsible for the injuries caused by the accident due to poor training, inadequate safety policies, or insufficient safety gear. If the employer is held liable, they will be ordered to pay compensation for the victim’s medical bills, damages, lost wages, pain and suffering, disfigurement, and physical impairment.
Talk to a personal injury attorney today
It is critical for victims to contact a personal injury attorney as quickly as possible following the accident. Do not trust your superiors if they tell you the accident is covered by workers compensation insurance. R.E. Lopez & Associate will be able to verify your employer’s workers’ compensation insurance subscriber status, and ensure that you are fairly represented, and get the compensation you deserve.