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Navigating Non-Subscriber Workers' Compensation Cases in Texas

Aug 25, 2023
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Non-Subscriber Workers' Compensation Cases 

In the vast expanse of the Lone Star State, where industries thrive and commerce surges, the landscape of workers' compensation takes on a unique hue. Texas stands as the only state that does not mandate workers' compensation insurance for employers. This phenomenon has given rise to what are commonly known as "non-subscriber" employers - those who opt out of the state's workers' compensation system. 

Many jobseekers in Texas are surprised to learn just how common non-subscriber employers really are. Furthermore, if an on-the-job injury occurs, workers face an uphill battle toward maintaining financial security.


In this article, the workplace injury lawyers at Wham & Rogers delve into the intricacies of non-subscriber workers' compensation cases in Texas. This article sheds light on the rights of workers and the legal terrain they must navigate when injuries occur.


Anyone injured in an accident while working for a non-subscriber employer should take time to explore their legal rights. Wham & Rogers can help. Call our Spring, Texas workplace injury team at (832) 592-1108.


Non-Subscriber Employers: An Overview


In Texas, employers have the option to subscribe to the state's workers' compensation system or operate as non-subscribers. While subscribing to the system grants certain legal protections to both employers and employees, non-subscribers choose to manage workplace injuries and compensation claims independently. This choice has its ramifications, creating a distinct legal framework for both employers and workers.


Rights and Challenges for Injured Workers


For employees of non-subscriber employers, being injured on the job can be a daunting experience. While the state's workers' compensation system provides a streamlined process for handling claims, non-subscriber cases often involve more complex legal considerations. Injured workers of non-subscriber employers have the right to file lawsuits against their employers to seek compensation for medical expenses, lost wages, and pain and suffering. However, these cases are subject to traditional personal injury laws, which necessitate proving negligence on the part of the employer.


One of the challenges faced by injured workers pursuing non-subscriber cases is the need to establish negligence. In workers' compensation cases, negligence doesn't need to be proven; benefits are provided regardless of fault. In contrast, non-subscriber cases require injured workers to demonstrate that the employer's negligence directly caused the injuries. This places a heavier burden on the injured party, often leading to prolonged legal battles.


Jobseekers and current employees can see a list of employers in Texas who are non-subscribers by visiting the Texas Department of Insurance website. The TDI offers information on employer coverage, how to report an injury, and how to file a complaint.


Employees of non-subscribers will also find it helpful to consult with a workplace injury lawyer. 

Proving Negligence in Workplace Injury Claims


Proving negligence in a workplace injury claim involves demonstrating that the employer or another responsible party failed to meet their duty of care, leading to the injury. To successfully establish negligence, several key elements need to be shown:


Duty of Care


The first step in proving negligence is establishing that the defendant (usually the employer) owed a duty of care to the injured party (the employee). In a workplace context, employers have a legal obligation to provide a reasonably safe environment for their employees.


Breach of Duty


To prove negligence, you must show that the defendant breached their duty of care. This means that they failed to take reasonable steps to prevent the injury. You need to demonstrate that the defendant's actions (or lack thereof) deviated from what a reasonable person or employer would have done in similar circumstances.


Causation


You must establish a direct link between the defendant's breach of duty and the injuries suffered. In other words, you need to show that the breach of duty was the proximate cause of the injuries. If the injury would not have occurred "but for" the defendant's negligence, you have a stronger case for causation.


Damages


In a negligence claim, you need to prove that you suffered actual damages. This can be proven using documentation of medical expenses, lost wages, pain and suffering, emotional distress, and more. The damages must be directly related to the injuries caused by the defendant's negligence.

To build a strong case of negligence, workers must gather as much evidence as possible to support their claims.


Legal Battles and Compensation


The legal battles stemming from non-subscriber cases in Texas can be intricate and protracted. Injured workers must contend with legal teams representing their employers, often backed by robust resources. This power dynamic can make it difficult for injured workers to secure the compensation they deserve. As these cases wind their way through the court system, medical bills mount, and lost wages exacerbate the financial strain on the injured party.


Moreover, the compensation obtained through non-subscriber cases may not always match the benefits provided by the state's workers' compensation system. While workers' compensation ensures coverage for medical expenses and a portion of lost wages, non-subscriber cases may result in higher payouts for pain and suffering but may not guarantee the same level of financial support for medical costs.


Safety Measures and Employer Practices


To mitigate the risks associated with non-subscriber cases, it is essential for employers to prioritize workplace safety. Non-subscriber employers can implement robust safety measures, training programs, and risk management strategies to minimize the occurrence of workplace injuries. By actively fostering a culture of safety, employers can not only protect their workforce but also reduce the likelihood of costly legal battles stemming from injuries.


Additionally, employers can consider implementing alternative forms of insurance coverage or injury benefit plans for their employees. These plans, while not the same as traditional workers' compensation, can provide a level of financial support in case of workplace injuries. Such measures can demonstrate a commitment to employee well-being and potentially reduce the motivation for injured workers to pursue legal action.


The Role of Legal Counsel and Mediation


Injured workers of non-subscriber employers face the uphill task of proving negligence to secure compensation, often leading to prolonged legal battles. While the state's workers' compensation system offers a more streamlined process, non-subscriber cases afford injured parties the opportunity to seek higher compensation for pain and suffering.


Given the complexity of non-subscriber cases, legal representation is crucial for injured workers. Competent legal counsel can navigate the intricate web of personal injury laws, helping injured parties build strong cases.


Get a Free Workplace Injury Consultation


If you have suffered a workplace injury while working for a non-subscriber, contact Wham & Rogers as soon as possible. With a free consultation, you can find out what your rights and options are to obtain compensation for your injuries. Our Spring, Texas lawyers have been helping injured victims obtain justice and compensation for more than 60 years combined.


Start your free consultation by calling us at (832) 592-1108, or by completing our online contact form. 

Protecting your family after a fatality - Woodlands Wrongful Death Attorney

By Rene Rogers • 30 Apr, 2024
The first step you should take is to hire an experienced wrongful death attorney. Losing a family member to violence or an accident is a staggering blow. It can be hard to know what steps to take and how to protect your family. Wham & Rogers offers experienced, compassionate representation to families suffering from the wrongful death of a spouse, parent or child. If your spouse, parent or child has suffered a fatal injury in an accident or due to the violent act of another, it is important to retain an experienced wrongful death attorney as soon as possible so the attorney can gather and preserve critical evidence before it is destroyed. What damages are recoverable in a wrongful death lawsuit? Economic damages , such as medical bills, funeral expenses, lost wages and loss of household services can be recovered in a wrongful death claim. Non-economic damages such as emotional pain and suffering, loss of companionship, and mental anguish are recoverable. Punitive damages may be awarded in cases where the person causing the death acted with malice or gross negligence. These damages are designed to punish the wrongdoer and to act as a deterrent to others who may engage in the same wrongful behavior. How long do I have to make a claim for wrongful death? As a general rule, the statute of limitations for wrongful death is two years from the date of the negligence resulting in the fatality . This means you will have two years from the date of the negligence to file suit. However, it is advisable to retain a wrongful death attorney as soon as possible since it is important to gather evidence before it is destroyed. Which family members have a right to file a wrongful death claim? The surviving spouse, children and parents of the person who died has a right to bring a wrongful death claim. If the spouse, children or parents don’t bring the wrongful death claim, then the executor or administrator of the estate has the right to bring the wrongful death claim. What is a survival claim? If your family member did not die immediately, a personal injury claim may be filed for treatment expenses and each beneficiary of the estate may receive a portion of the recovery. Who can be held responsible for the wrongful death of my family member? A person who negligently, recklessly or intentionally caused the death of a person may be held responsible. Examples of wrongful death claims include trucking and automobile collisions, medical negligence, products liability, on the job injuries, and deaths due to inadequate security of premises. How do you prove a wrongful death case in Texas? In Texas, you must prove that a legal duty owed to the deceased was breached, causing the wrongful death. For example, there is a legal duty to operate a truck in accordance with the traffic laws in Texas. If the truck driver is speeding or fails to keep a proper lookout causing a wrongful death, that duty is breached and the trucking company may be liable for the wrongful death. How do I pay for a wrongful death lawsuit? The attorneys at Wham & Rogers handle wrongful death cases on a contingency basis. This means that you do not have to pay us unless there is a monetary recovery in the wrongful death claim. The attorneys at Wham & Rogers are experienced in handling wrongful death claims with skill, kindness and compassion. Please call 832-592-1108 , or text 832-413-1428 for a free consultation.

I've been injured. Why won't my doctor see me?

By Rene Rogers • 30 Apr, 2024
We receive calls daily from injured people who can’t find a doctor to treat them. Their primary care physician won’t see them, and they can’t find an orthopedic specialist who will see them. Sometimes, doctors walk out of the examination room once they find that the patient was in an accident . Why is this happening? There are a number of reasons doctors do not want to see injured patients. Delays in payment by health insurance companies: Health insurance companies may take the position that the patient’s auto insurance personal injury protection coverage is primary and should pay before the health insurance pays. Doctors do not want to wait to be paid until after this issue is sorted out. Health insurance may not pay until subrogation (right to be reimbursed) issues are taken care of, so that the health insurance company knows it will be paid back from any settlement. Harassment by auto insurance companies: Doctors who treat injured patients have become a target of auto insurance companies. Insurance defense attorneys send extremely burdensome, overly broad depositions on written questions (questionnaires) requiring the doctors to dig through years of data about payments received for treating injured patients. Auto insurance companies have also sued doctors who treat injured people, accusing them of fraud, conspiracy and the like. Auto insurers accuse doctors of performing unneeded treatment and/or overcharging for treatment. Auto insurers also retain “hired guns” to testify against treating doctors, criticizing the treating doctor’s every decision, even though the “hired gun” has never seen the patient. Why do insurance companies use these tactics? They want to make it harder for people to receive treatment so they can pay less to injured claimants and increase insurance company profits. How can I find a doctor to treat me following my accident? The attorneys at Wham & Rogers can help facilitate prompt medical treatment for you. Sometimes it is just a matter of letting the health insurance company know their subrogation interests (right to be reimbursed) will be protected. We can also help injured clients access their personal injury protection coverage to pay some of their medical bills. If you have been injured and are having trouble finding a doctor to treat you, please give Wham & Rogers a call at 832-592-1108 or text 832-413-1428 for a free consultation.

What Should I Do After an 18 Wheeler Collision? - Woodlands Truck Accident Attorney

By Mark Wham • 22 Apr, 2024
Each year, 600 Texans are killed and 10,000 more are injured in trucking collisions. After a trucking crash, quick action is required. The trucking companies have legal teams ready to act after a crash occurs. They immediately send experts to the crash site, photographing and measuring the roadway and interviewing the witnesses. So if you or a loved one is injured or killed in a trucking collision, letters requiring preservation of evidence should be sent immediately to the trucking company and to its insurers. Your lawyer should retain experts to perform computerized mapping of the crash site and to download the electronic control module of the 18-wheeler. And then after that, a qualified trucking liability expert should be retained to address the federal safety regulations that are critical to handling a truck crash claim. If you've been hit by a truck or commercial vehicle in The Woodlands, Spring or Conroe, you need an experienced attorney on your side. Please give us a call at (832) 592-1108 for a free consultation, or submit the contact form here.

18 Wheeler Crashes - Truck Accidents in Texas

By Rene Rogers • 17 Apr, 2024
What are the Most Dangerous Vehicles on Our Roads? 18 -wheelers are the deadliest vehicles on our highways. Each year, 600 Texans are killed, and 10,000 more are injured in trucking collisions. It’s obvious why 18-wheelers are so dangerous. They weigh twenty to thirty times more than passenger cars, have a much higher ground clearance, and require twenty to forty percent further to stop. Do Truck Drivers Have to Comply with Higher Safety Standards? Because of these dangers, the Motor Carrier Safety Regulations require higher standards for commercial drivers; driving a Commercial Motor Vehicle requires a higher level of knowledge, skill, and physical abilities than is required of other drivers. Truck drivers must know the safety rules and follow them. Trucking companies must have safety policies and implement safety training programs. Truckers must conduct pre-trip and post-trip inspections of their trucks. Why is Quick Action Essential After a Trucking Collision? If you or a loved one is injured or killed in a trucking collision, quick action is required. The trucking companies have legal teams ready to act when a crash occurs. They send experts to the crash site, to photograph and measure the roadway, and to interview witnesses in order to try to minimize their liability. You need someone acting on your behalf to gather evidence and to ensure evidence is not destroyed. What Must be Done to Preserve Evidence Following a Collision With a Big Rig? Preservation of evidence letters should be sent to the trucking company and its insurers. Experts should be retained to perform computerized mapping of the crash site, and to download the 18 wheeler's electronic control module. A qualified trucking liability expert should be retained to address the federal safety regulation violations that are critical to handling truck crash claims. When we investigate trucking collisions, we often find that trucking companies fail to implement and follow adequate safety procedures, including failing to conduct the proper pre- and post-trip inspections. These failures to follow safety procedures often lead to otherwise avoidable collisions. Which Law Firm Should I Hire After an 18-Wheeler Collision? The attorneys at Wham & Rogers have the expertise and resources to handle trucking cases. We can get experts to the scene and have them gather data and download the electronic control module of the 18-wheeler before vital evidence is lost or destroyed. If you or a loved one has been in a collision with an 18-wheeler, the lawyers at Wham & Rogers can help you. Call 832-592-1108 or text 832-413-1428 for a free consultation.
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The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 

Protecting your family after a fatality - Woodlands Wrongful Death Attorney

By Rene Rogers • 30 Apr, 2024
The first step you should take is to hire an experienced wrongful death attorney. Losing a family member to violence or an accident is a staggering blow. It can be hard to know what steps to take and how to protect your family. Wham & Rogers offers experienced, compassionate representation to families suffering from the wrongful death of a spouse, parent or child. If your spouse, parent or child has suffered a fatal injury in an accident or due to the violent act of another, it is important to retain an experienced wrongful death attorney as soon as possible so the attorney can gather and preserve critical evidence before it is destroyed. What damages are recoverable in a wrongful death lawsuit? Economic damages , such as medical bills, funeral expenses, lost wages and loss of household services can be recovered in a wrongful death claim. Non-economic damages such as emotional pain and suffering, loss of companionship, and mental anguish are recoverable. Punitive damages may be awarded in cases where the person causing the death acted with malice or gross negligence. These damages are designed to punish the wrongdoer and to act as a deterrent to others who may engage in the same wrongful behavior. How long do I have to make a claim for wrongful death? As a general rule, the statute of limitations for wrongful death is two years from the date of the negligence resulting in the fatality . This means you will have two years from the date of the negligence to file suit. However, it is advisable to retain a wrongful death attorney as soon as possible since it is important to gather evidence before it is destroyed. Which family members have a right to file a wrongful death claim? The surviving spouse, children and parents of the person who died has a right to bring a wrongful death claim. If the spouse, children or parents don’t bring the wrongful death claim, then the executor or administrator of the estate has the right to bring the wrongful death claim. What is a survival claim? If your family member did not die immediately, a personal injury claim may be filed for treatment expenses and each beneficiary of the estate may receive a portion of the recovery. Who can be held responsible for the wrongful death of my family member? A person who negligently, recklessly or intentionally caused the death of a person may be held responsible. Examples of wrongful death claims include trucking and automobile collisions, medical negligence, products liability, on the job injuries, and deaths due to inadequate security of premises. How do you prove a wrongful death case in Texas? In Texas, you must prove that a legal duty owed to the deceased was breached, causing the wrongful death. For example, there is a legal duty to operate a truck in accordance with the traffic laws in Texas. If the truck driver is speeding or fails to keep a proper lookout causing a wrongful death, that duty is breached and the trucking company may be liable for the wrongful death. How do I pay for a wrongful death lawsuit? The attorneys at Wham & Rogers handle wrongful death cases on a contingency basis. This means that you do not have to pay us unless there is a monetary recovery in the wrongful death claim. The attorneys at Wham & Rogers are experienced in handling wrongful death claims with skill, kindness and compassion. Please call 832-592-1108 , or text 832-413-1428 for a free consultation.

I've been injured. Why won't my doctor see me?

By Rene Rogers • 30 Apr, 2024
We receive calls daily from injured people who can’t find a doctor to treat them. Their primary care physician won’t see them, and they can’t find an orthopedic specialist who will see them. Sometimes, doctors walk out of the examination room once they find that the patient was in an accident . Why is this happening? There are a number of reasons doctors do not want to see injured patients. Delays in payment by health insurance companies: Health insurance companies may take the position that the patient’s auto insurance personal injury protection coverage is primary and should pay before the health insurance pays. Doctors do not want to wait to be paid until after this issue is sorted out. Health insurance may not pay until subrogation (right to be reimbursed) issues are taken care of, so that the health insurance company knows it will be paid back from any settlement. Harassment by auto insurance companies: Doctors who treat injured patients have become a target of auto insurance companies. Insurance defense attorneys send extremely burdensome, overly broad depositions on written questions (questionnaires) requiring the doctors to dig through years of data about payments received for treating injured patients. Auto insurance companies have also sued doctors who treat injured people, accusing them of fraud, conspiracy and the like. Auto insurers accuse doctors of performing unneeded treatment and/or overcharging for treatment. Auto insurers also retain “hired guns” to testify against treating doctors, criticizing the treating doctor’s every decision, even though the “hired gun” has never seen the patient. Why do insurance companies use these tactics? They want to make it harder for people to receive treatment so they can pay less to injured claimants and increase insurance company profits. How can I find a doctor to treat me following my accident? The attorneys at Wham & Rogers can help facilitate prompt medical treatment for you. Sometimes it is just a matter of letting the health insurance company know their subrogation interests (right to be reimbursed) will be protected. We can also help injured clients access their personal injury protection coverage to pay some of their medical bills. If you have been injured and are having trouble finding a doctor to treat you, please give Wham & Rogers a call at 832-592-1108 or text 832-413-1428 for a free consultation.

What Should I Do After an 18 Wheeler Collision? - Woodlands Truck Accident Attorney

By Mark Wham • 22 Apr, 2024
Each year, 600 Texans are killed and 10,000 more are injured in trucking collisions. After a trucking crash, quick action is required. The trucking companies have legal teams ready to act after a crash occurs. They immediately send experts to the crash site, photographing and measuring the roadway and interviewing the witnesses. So if you or a loved one is injured or killed in a trucking collision, letters requiring preservation of evidence should be sent immediately to the trucking company and to its insurers. Your lawyer should retain experts to perform computerized mapping of the crash site and to download the electronic control module of the 18-wheeler. And then after that, a qualified trucking liability expert should be retained to address the federal safety regulations that are critical to handling a truck crash claim. If you've been hit by a truck or commercial vehicle in The Woodlands, Spring or Conroe, you need an experienced attorney on your side. Please give us a call at (832) 592-1108 for a free consultation, or submit the contact form here.

18 Wheeler Crashes - Truck Accidents in Texas

By Rene Rogers • 17 Apr, 2024
What are the Most Dangerous Vehicles on Our Roads? 18 -wheelers are the deadliest vehicles on our highways. Each year, 600 Texans are killed, and 10,000 more are injured in trucking collisions. It’s obvious why 18-wheelers are so dangerous. They weigh twenty to thirty times more than passenger cars, have a much higher ground clearance, and require twenty to forty percent further to stop. Do Truck Drivers Have to Comply with Higher Safety Standards? Because of these dangers, the Motor Carrier Safety Regulations require higher standards for commercial drivers; driving a Commercial Motor Vehicle requires a higher level of knowledge, skill, and physical abilities than is required of other drivers. Truck drivers must know the safety rules and follow them. Trucking companies must have safety policies and implement safety training programs. Truckers must conduct pre-trip and post-trip inspections of their trucks. Why is Quick Action Essential After a Trucking Collision? If you or a loved one is injured or killed in a trucking collision, quick action is required. The trucking companies have legal teams ready to act when a crash occurs. They send experts to the crash site, to photograph and measure the roadway, and to interview witnesses in order to try to minimize their liability. You need someone acting on your behalf to gather evidence and to ensure evidence is not destroyed. What Must be Done to Preserve Evidence Following a Collision With a Big Rig? Preservation of evidence letters should be sent to the trucking company and its insurers. Experts should be retained to perform computerized mapping of the crash site, and to download the 18 wheeler's electronic control module. A qualified trucking liability expert should be retained to address the federal safety regulation violations that are critical to handling truck crash claims. When we investigate trucking collisions, we often find that trucking companies fail to implement and follow adequate safety procedures, including failing to conduct the proper pre- and post-trip inspections. These failures to follow safety procedures often lead to otherwise avoidable collisions. Which Law Firm Should I Hire After an 18-Wheeler Collision? The attorneys at Wham & Rogers have the expertise and resources to handle trucking cases. We can get experts to the scene and have them gather data and download the electronic control module of the 18-wheeler before vital evidence is lost or destroyed. If you or a loved one has been in a collision with an 18-wheeler, the lawyers at Wham & Rogers can help you. Call 832-592-1108 or text 832-413-1428 for a free consultation.

Auto Pedestrian Collisions in The Woodlands - Attorney Video

By Rene Rogers • 13 Apr, 2024
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How to Choose a Personal Injury Attorney

By Mark Wham • 09 Apr, 2024
1. Do I really need a personal injury lawyer? Yes, if you have a significant injury, choosing the right lawyer to handle your injury claim matters. Now more than ever, having the right lawyer can make a tremendous difference for the success of your claim. Insurance companies use sophisticated negotiation tactics to help them minimize your claim, or even avoid paying altogether. And make no mistake—the claims adjuster is not on your side. The adjuster, in a very real sense, is your opponent, and is specifically trained to make sure you don’t receive the maximum recovery you’re entitled to. 2. Does it really make a difference which lawyer I hire? Absolutely. The stronger your lawyer, the stronger your claim. Insurance companies keep track of which lawye rs have the experience, the resources, and the willingness to fight for their clients. They know which law firms are high-volume firms looking for a quick, easy settlement, and which lawyers are willing to do the hard work of fighting to get full justice. We have had clients contact us because a high-volume firm dropped their case after the insurance company “denied liability” and refused to pay quickly. 3. How do I find the best personal injury attorney? First, look at the lawyer’s qualifications and credentials. For example, the State Bar of Texas has a Board of Legal Specialization that certifies lawyers who are experts at handling personal injury claims. Fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law. You should also check the lawyer’s ethics. One of the best sources is Martindale-Hubbel’s attorney ratings. The highest rating is AV-Preeminent—which means the lawyer is considered ethical by his peers and has demonstrated the highest level of competence. Next, consider the size of the firm. If you are represented by a large law firm, chances are you will not be represented by the best, most experienced lawyer at that firm, and your case will instead be “handed down” to an associate for handling. Hiring a “boutique” litigation firm, with fewer lawyers handling fewer cases, will mean that the firm’s top lawyers are directly involved in the handling of your claim. Beware of firms that advertise “billions of dollars in past recoveries.” Quite often, those recoveries include class action case results, involving thousands of clients, with each client receiving a relatively small recovery. Look instead for a lawyer who has a record of achieving substantial recoveries for individual clients. Find a lawyer who has “been there, done that.” Specific experience is important, so look for a lawyer who has widespread experience handling serious injury claims, including wrongful death claims, truck crash cases, and complex cases involving complicated injuries such as paralysis and traumatic brain injury. Wham & Rogers attorneys have over 70 years combined experience in personal injury law. Mark Wham is Board Certified in Personal Injury Law. Rene Rogers has been AV Rated by Martindale-Hubbel for 30 years. Ryan Wham attended one of the best law schools in the country, the University of Texas School of law and was a member of UT’s prestigious Law Review. Prior to going to work for his parents at Wham & Rogers, Ryan worked at one of the largest law firms in the world. If you are looking for a highly qualified, experienced personal injury firm, contact Wham & Rogers for a free consultation. Call 832-592-1108 or text 832-413-1428 .

Auto or Pedestrian: Who has the Right of Way?

By Rene Rogers • 09 Apr, 2024
We are often asked whether pedestrians or cars have the right of way on pathways and at intersections. Many trails or pathways which cross intersections have stop signs. Pedestrians and bicyclists must obey these signs when they come to an intersection. When approaching an intersection, pedestrians should always stop and look both ways before crossing the intersection. If there is a traffic control device, pedestrians should always wait for the “walk” light to be illuminated before proceeding. Pedestrians, cyclists, and runners should slow down to allow enough time when nearing an intersection that is not controlled by a traffic signal.

What can I get paid for damage to my car?

By Rene Rogers • 14 Feb, 2024
What does my insurance company have to pay me for a car wreck? Do they have to replace my vehicle?
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What To Do After a Car Accident

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