Workers Compensation in Texas and all its Aspects
In the state of Texas, if a victim’s employer does not carry workers’ compensation, it is considered a “non-subscriber” case. In these cases, the defense of “contributory negligence” is invalid. Even in the case of an employee being responsible for their own injuries, the employer could still be found liable for poor safety regulations, insufficient job training, and inadequate safety policies.
If the victim gets a positive verdict regarding their case, the employer will be responsible for compensation regarding damages including lost wages, medical bills, mental anguish, and pain and suffering.
The law offices of R.E. Lopez & Associates have represented hundreds of clients who have filed a non-subscriber claim, and we have successfully recovered the compensation they deserve. If you’ve been the victim of a work-related injury, and your employer might be liable, call our office to set up a free, no obligation consultation to find out more regarding non-subscriber cases.
Every situation is different and complex. Our ability to successfully prosecute a non-subscriber case is based on a variety of factors, including the value of assets the employer possesses, and whether their insurance is sufficient to cover the damages being claimed.
Workers’ Compensation “Third Party” Cases
In the state of Texas, if an employer carries workers’ compensation insurance, they are considered a “subscriber”. If an employer is a “subscriber” of workers’ compensation, they are protected from any claims brought against them by the victim. However, the victim can still make claims against any third parties who may be responsible to contributing to the circumstances that caused the injury.
One example would be if our client was working on a construction site for an electrician contractor who is a subscriber of workers’ compensation insurance and was injured by someone working for a different company, then our client would be eligible to make claims against that third party. In the case of a defective product or equipment, we can go after the distributor or manufacturing company. These claims are also considered “third-party” because they involve parties other than the employer of the victim.
There are other types of third-party claims, like if an individual is driving for their job and is hit by another driver, a claim can be filed by the individual responsible for the collision. Another example would be if an individual is employed by a drilling company and is working on site at an oilfield, if they are injured and the drilling company carries workers’ compensation insurance, they cannot be found liable. However, if the production company or any other company was on site and contributed to the situation that caused the accident, they could be held responsible for the accident.
Any third-party claim can make a successful case, and R.E. Lopez & Associates has handled numerous of these cases and recovered substantial compensation for our clients. Every case is different and is uniquely complex. Contact our office for a free, no obligation consultation and let us help you get the compensation you deserve.
In Texas, if the employer is a “subscriber” of workers’ compensation insurance, and there is no “third-party” claim to be made, the victim can’t bring their claim to a court of law and must submit their claim to the Texas Workers’ Compensation Commission.
Once the claim has been submitted to the Texas Workers’ Compensation Commission, they will assign an ombudsman to your case. This individual will represent your interests in regard to the claim, and will help to ensure that your employer files a notice or claim in a timely manner to ensure that your receive the benefits that you are entitled to under Texas state law.
Gross Negligence Death Cases under Workers’ Compensation
In the state of Texas, if an employer carries workers’ compensation insurance, then the injured employee may not be eligible to make a claim against their employer. In the case of death where the employer is found guilty of gross negligence, there is sometimes an exception to this protocol.
Under Texas state law, “gross negligence” is defined as “an act or omission: (A) which when looked at objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (B) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.” Compensation in cases like this are limited to punitive damages only.
Every case that involves a work injury that results in death is different. If your loved one has been the victim of a work injury related death, contact our office for a free, no obligation consultation to discuss your options and let us work to get you the compensation you deserve.