Personal Injury Law

Workers' Compensation vs. Non-Subscriber

By Beth Janicek

Texas employers can opt out of workers' compensation and become a non-subscriber.  A non-subscriber is a Texas employer who does not purchase workers' compensation insurance for their employees.  Some employers opt out of workers' compensation due to high premiums.  Approximately 44% of Texas businesses are non-subscribers. Employers who are non-subscribers lose many of the protections provided by Texas law.  Employees, of non-subscribers, who are injured on the job, can seek recovery for all of their damages as a result of the injury.  They are entitled to money damages for their pain and suffering and mental anguish as opposed to employees who receive an injury and their employer subscribe to Worker's Compensation.  Workers' compensation programs are limited from recovering those damages. A non-subscriber employer may purchase an occupational injury benefit program for their employees who provide medical benefits, wage benefits, disability benefits and death benefits.  However, the employee is entitled to recover more that just what the plan provides.  Employers who are non-subscribers often do not explain fully to the injured employee what their rights are under Texas law.  The Law Offices of Beth S. Janicek handles non-subscriber work related accidents. If you have been injured in a work related accident and you are unsure as to whether your company is a non-subscriber, contact my office at the Law Offices of Beth S. Janicek, 100 Sandau, San Antonio, Texas (210)366-4949 or toll free at 877-79LEGAL.

Full post as published by San Antonio Personal Injury Lawyer on April 28, 2008 (boomark / email).