Importantly, not only are employers who choose not to provide worker’s compensation insurance vulnerable to lawsuits, they’re also barred from using certain arguments in their defense. In this case, an injured employee has the right to sue the business for damages related to their injury, including past and future medical expenses, pain, mental anguish, disfigurement, physical impairment, and loss of earning capacity, but also for punitive damages and other penalties. When an employer doesn’t carry workers’ compensation insurance, the process can get a little more complicated. What are your rights when your employer doesn’t have workers’ compensation coverage? There are a few exceptions, including situations where gross negligence on the part of the employer led to the death of the employee, but for the most part employers are shielded from any litigation as a result of the incident. In return, the business is protected from costly lawsuits on the part of injured parties and their families. In other words, the workers’ compensation system is the injured worker’s sole remedy. First, if an employee is injured at work, the workers’ compensation system is then wholly responsible for all financial remedies. They also typically cover a percentage of lost wages.īesides acting as a safety net for employees, there are other major reasons companies choose to offer workers’ compensation insurance. The workers’ compensation insurer is responsible for paying for all necessary, reasonable medical treatments and co-payments for required care. If you’re injured at work and your employer has workers’ compensation insurance, the next steps are fairly straightforward. How does the remedy process work when an employer has workers’ compensation? Employees do not have to sign any paperwork relating to the incident or give anyone access to their medical records without speaking to an attorney first.Employees do not have to give a statement about the incident without speaking to an attorney first.Even if the employer pays for some or all medical expenses or lost wages stemming from an injury, employees are still entitled to pursue a remedy through a personal injury claim.Here are the three most important rights for employees of non-subscribers to keep in mind: Please be aware, these non-subscriber employers may pressure injured workers into accepting a settlement, making statements, and/or taking other actions that can ultimately make it harder to file (or win) a claim later on. If you work for a business that doesn’t have workers’ compensation coverage and you’re injured on the job, we want you to understand that you do have legal rights. Go to the Texas Department of Insurance website to learn what Texas Corporations are non-subscribers!ģ key rights for employees of businesses without workers compensation insurance to remember : Some of the largest and most recognizable companies in Texas are non-subscribers. The Texas Division of Workers’ Compensation (DWC) estimates that around 28% of private, full-time employers (employing nearly 18% of the private workforce in Texas) do not subscribe to the workers’ compensation system, these businesses are referred to as “non-subscribers”.
While most companies do choose to offer these kinds of protections to their workers, many – including some major national and international corporations – choose to forego this coverage. It means they could be missing out on possible compensation for past and future economic losses, as well as things like benefits for dependents of workers killed on the job. That can leave employees who are injured at work on the hook for expenses like those we just mentioned. That’s because in Texas, the law doesn’t require all private employers to carry this kind of insurance. Unfortunately, if the company doesn’t carry workers’ compensation coverage, this isn’t always the case. If you’re injured on the job, like a lot of people you probably assume that your employer is going to help you pay for things like medical bills, physical therapy expenses, and lost wages that result from that on-the-job injury. What are my rights when I get hurt on the job?
0 kommentar(er)
