In Texas, there are two types of workplace injury claims: subscriber and non-subscriber. Subscriber claims are the most common. These claims arise when an employee is injured and their employer carries valid workers compensation insurance. In order to be compensated for their injuries, the work files a workers comp claim. In subscriber cases, the injured worker cannot bring a lawsuit directly against their employee.
A non-subscriber, by contrast, is an employer that does not carry valid workers compensation insurance. If your employer is a non-subscriber, then they fall under the common law, and compensation can be pursued through the court system.
Another situation in which an injured worker may be able to file a suit is if the injury was caused by a third-party, such as a subcontractor. In that case, the worker can bring a claim for negligence in order to recoup their damages.
If you have been injured on the job, contact us today. At Fears | Nachawati, we represent workers who have been injured in the workplace, and we can help you understand all of your legal options. For a free consultation, email us at info@fnlawfirm.com or call us toll free at 1.866.705.7584.
