Injured Workers vs Non-Subscribing Employers

Without filing a lawsuit, non-subscribing employers do not owe injured workers any medical treatment, wage replacement, or other benefits like subscribing employers do through the workers’ compensation system. The Texas Labor Code also does not protect injured workers against retaliation claims against non-subscribing employers like it does against workers’ compensation retaliation claims. This means that injured workers of Texas non-subscribers are completely vulnerable and lack legal protections and necessary benefits when they have suffered an on-the-job injury.

What Can a Non-Subscriber Workers Compensation Claim Include?

If an employee suffers a work injury, some work comp non-subscribers carry separate insurance that provides for some lost wages and medical care through their “benefit plan.” However, Texas law allows an injured employee in this situation to recover more than a portion of the medical costs and lost wages but also additional economic and non-economic damages stemming from the injury as well. A non-subscriber work injury claim can include:

  • Current medical care costs 
  • Future medical care costs for continuing treatment
  • Lost wages and lost wage earning capacity in the future due to the worker’s inability to perform at the same level as they did before the injury
  • Impairment
  • Disfigurement
  • Pain
  • Suffering
  • Mental anguish

Contact us today to see if one of our nonsubscriber workers' compensation lawyers in San Antonio can help.

Proving a Nonsubscriber Work Injury Claim

When we bring a non-subscriber claim on behalf of an injured worker, we must prove that something the employer or a co-worker did was negligent and caused the employee’s injury — even if the negligence was minimal. If injured workers can successfully demonstrate that their employer or a co-worker was negligent in causing the on-the-job injury, they can recover all allowable damages under Texas law.

Whether in Court or in Arbitration, We Know How to Succeed

Despite the increase in employers requiring employees to agree to resolve any dispute arising from their employment, including injury claims, in arbitration rather than through litigation, a non-subscriber work injury lawyer on our team is skilled at handling either scenario.  Schedule a free case evaluation now to get started.

What Sets Espinoza & Brock's Work Injury Attorneys Apart WhenLitigating Non-Subscriber Cases?

Our attorneys have authored an article on non-subscriber law, which was published by The Scholar: St. Mary’s Law Review on Race and Social Justice.  Our attorneys give frequent presentations to other lawyers on litigating these cases and properly handling non-subscriber work injury claims. These presentations are done at the invitation of the State Bar of Texas CLE Division and other local Bar organizations. Due to our experience with these types of claims, our Firm was invited to author an amicus brief to the Texas Supreme Court on behalf of the San Antonio Trial Lawyers Association in a case involving an injured worker in a non-subscriber case.

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Non-Subscriber Work Injury AttorneysFor San Antonio, El Paso, and All of Texas

At Espinoza & Brock, you can find a non-subscriber work injury attorney in San Antonio dedicated to protecting your rights after you suffer an on-the-job injury.  We know your family is depending on you and we know what it means when you have been hurt and can’t work.  Our Firm was founded by Javier Espinoza, a first-generation American immigrant.  He has an intimate understanding of what it’s like putting in a hard day’s work and living paycheck to paycheck.  His father worked construction and Javier did the same to support a family of his own and put himself through law school.  His tenacity to be a force for change for his community led to what we are today—a dedicated team of like-minded legal professionals with offices in San Antonio and El Paso.  We are one of the few firms in Texas that can handle all aspects of a work injury case—regardless of your legal status.  Call us now to schedule a free consultation with a work injury attorney and see how to us, you are family.

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