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My Injuries Are My Employer’s Fault, but He Does Not Carry Workers’ Compensation

Texas is unique in that employers are allowed to opt out of offering workers’ compensation; however, a caveat is that if an employer who does not offer workers’ compensation is determined to be even 1% at fault for an employee’s injuries, they are liable for any and all resulting damages.

How Does Workers’ Compensation Generally Work?

Workers’ compensation is a benefit offered by some employers which helps pay for hospital and medical expenses associated with an injury that was sustained on the job. Workers’ compensation may also provide disability payments if you are unable to work following you injury.

While workers’ compensation does cover most injuries, even those caused by the employee’s negligence, it is important to note that there are exclusions. For example, injuries that occur while an employee is intoxicated or under the influence of illegal drugs are not covered by workers’ compensation.

Other instances in which workers’ compensation may not imply include:

  • Self-inflicted injuries
  • Injuries suffered while an employee is committing a crime
  • Injuries sustained by an employee while not on a job
  • Injuries suffered by an employee acting in a manner that violates company policy.

Employers often benefit from offering workers’ compensation because it preempts them from being held liable for most on the job injuries. As such, a worker who receives workers’ compensation cannot sue their employer for the injuries they suffered in the workplace.

What Should I Do If My Employer Does Not Offer Workers’ Compensation?

If you are injured on the job and your employer does not offer workers’ compensation, contact a personal injury attorney immediately.

State law says that any employer who fails to provide workers’ compensation can be held liable for all damages sustained by the employee even if they are only determined to be 1% responsible for causing that employee’s injuries.

Most employers who have opted out of providing workers’ compensation understand this law. Because of that, they may scramble to offer something like workers’ compensation to mitigate their liability. Do not be fooled into signing your rights away. You have no obligation to accept their offer or to see a company-selected doctor, and any offer that comes from such an employer after an injury occurs will be well below what they are actually liable for.

Resources and Experts to Prove Your Workplace Injury Claim

Do not speak to your employer about your accident, injuries, or potential settlements without contacting Thomas J. Henry first. Thomas J. Henry has the resources and experience to help prove your workplace accident case. Our workplace injury lawyers will begin handling your claim immediately and request a temporary restraining order (TRO) to ensure any evidence is preserved. Thomas J. Henry also has access to leading industry experts who can help analyze evidence, inspect possible workplace violations, and provide compelling testimony to a judge or jury.

Some industry experts that may be called to review your case are:

  • Workplace Safety Compliance Experts
  • OSHA Consultants
  • Hazardous Chemicals Experts
  • Ladder Experts
  • Process Safety Management Experts
  • Occupational and Environmental Health Experts
  • Safety Equipment Experts
  • Industrial Engineers
  • Industrial Accident Re-constructionist

Contact an Experienced On the Job Injury Attorney

If you or a loved one were injured on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time. Our work accident lawyers will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review.

Contact Us for a Free Case Review


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