If you were injured at work, you have options if your employer is a non-subscriber, meaning they choose not to carry workers’ compensation benefits. Even if they do bring benefits, a personal injury attorney can help you pursue legal action if a third party’s negligence caused your injuries, such as the manufacturer of a faulty piece of equipment.
Winning an award for damages requires proving that negligence caused the preventable accident. A South Houston workplace injury lawyer from Williams Hart & Boundas can review your case and explore all possible legal options.
Filing a Third-Party Workplace Injury Claim
Non-subscribers lose vital legal protections, including immunity from lawsuits, when they choose to opt out of coverage. According to the Texas Department of Insurance, employees who suffer work-related injuries due to a non-subscriber employer’s negligence can file lawsuits in civil court to seek compensation beyond what workers’ compensation covers.
Establishing Fault
State employment laws allow most private employers to decide whether to carry workers’ compensation insurance or opt out. Those who opt out become non-subscribers, and the rules change significantly if their employees sustain workplace injuries compared to those providing workers’ compensation.
To win damages in these cases, you must demonstrate that the defendant had a legal duty of care, breached it, and caused you harm. Your claim must also prove that the preventable accident caused verifiable damages. Because non-subscriber employers forfeit their protections, cases against them often have higher success rates.
Third-Party Liability
You can pursue claims against third parties, such as manufacturers, if a defect causes you harm, regardless of your employer’s coverage. This allows you to file suit against machinery or vehicle manufacturers, contractors, or any party other than your employer responsible for your injuries and losses. Our lawyers in South Houston can help you with workplace injury lawsuits against non-subscribers and third parties, protecting your interests and pursuing the best possible outcome.
What Are Demand Letters and Negotiations?
Our workplace injury attorneys in South Houston can draft and forward a demand letter to the insurance company representing the liable party to initiate settlement talks. The letter outlines your damages may include:
- Lost wages
- Medical bills
- Mental anguish
- Pain and suffering
An initial demand initiates the negotiations, and the parties aim to avoid ongoing litigation.
The negotiation process typically involves the initial demand, followed by an employer’s settlement offer, which often fails to cover your total damages and losses. Multiple negotiations and counteroffers usually follow to reach a reasonable arrangement and avoid trial. The ultimate objective for everyone involved is to reach a settlement agreement. If that is not possible, you can file a claim in civil court.
Speak With a South Houston Workplace Injury Attorney
When you suffer harm at work, and your employer is a non-subscriber, or if a third party is at fault, you have the right to seek compensation. Success rates for claims filed against non-subscribers are higher than for other personal injury cases. This is because non-subscriber companies have far fewer legal defenses available to them.
Contact a hard-working and knowledgeable South Houston workplace injury lawyer from our team today to schedule an appointment, review your case specifics, and help pursue your rightful compensation.