The Espinoza Law Firm, PLLC Personal Injury Attorney

Work Injury

EMPLOYERS WITH WORKERS’ COMPENSATION INSURANCE

In the state of Texas, employers have the opportunity to choose whether or not they wish to carry Workers’ Compensation Insurance to cover employees who are injured while working in the course and scope of their employment. If employers carry this specific insurance, they subscribe to the Workers’ Compensation System and are protected from injury claims.

NON-SUBSCRIBING EMPLOYERS

On the other hand, there are many employers who choose not to carry Workers’ Compensation Insurance due to the high cost or for other legal reasons. These employers are known as “non-subscribers” as they have chosen not to subscribe to the Workers’ Compensation system. When an employee experiences an on the job injury and his or her employer is a non-subscriber, he or she has the legal right to file a lawsuit against the employer to recover all damages sustained by the employee. This legal right is given to Texas residents and is found in the Texas Labor Code § 406.033. Many times, if an employee suffers an on-the-job injury, some employers carry a separate insurance that provides for some lost wages and medical care as a result of the injury.

Courtroom v. Arbitration

When dealing with on the job injuries, there are two main forums where employees can file claims against their employers. First, employees can make claims in state or federal court in the form of a lawsuit against their employer. This is the traditional method in which an employee files his or her petition at the courthouse and proceeds in county, district, or federal court with an opportunity to be judged by a jury of his or her peers. This method is open to the public and is administered by a local judge.
Whether your claim is brought in a courtroom or through an arbitration, in either forum, our office is experienced in litigating on the job injury claims and have a successful track record behind us.

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503 E. Ramsey, Ste 103
San Antonio, TX 78216

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