When it comes to taking care of employees injured on the job, there are basically two types of employers. Many employers have purchased and maintain a standard Texas Worker’s Compensation insurance policy. Other employers may carry a less expensive private insurance policy or may not carry any worker insurance policy at all. Employers who do not subscribe to a Texas Worker’s Compensation Insurance policy is considered a “non-subscriber” employer. The law treats an employee hurt on the job differently if the employer is a non-subscriber.

Usually when an employee is hired, information about Texas Worker’s Compensation insurance is made known at that time. Not always. An unscrupulous employer may attempt to hide the fact that no Texas Worker’s Compensation insurance is being carried and that the employer is actually a non-subscriber. If an employer carries a Texas Worker’s Compensation insurance policy, then rules promulgated and enforced by the Texas Department of Insurance govern how injured employees’ claims are handled. It is very important to understand that if an employer carries Texas Worker’s Compensation insurance, it generally does not matter who was at fault or who caused the injury. It does not matter whether the employer was negligent. There are exceptions such as being intoxicated or under the influence of drugs. On the other hand, if the employer is a non-subscriber, the injured employee must prove that the injuries were caused by the negligence of the employer or a co-worker of the employer. This means the employer or co-worker must have done some act that would be considered negligence under the law and as a result the employee suffered injuries. This is true whether the employer carries a private policy or none at all.

Someone other than an employer or a co-worker may cause injury to an employee while on the job. This is referred to as a “third party liability” case. A negligent third party might be an employee of a general contractor or an independent contractor on a construction job site or perhaps a careless truck driver. In addition to benefits that might be available to the injured employee by the employer, a legal claim for compensation may be made against a negligent third party. Many injured workers are unaware of this right. If you have been injured on the job, call the Law Office of Dan Kirby to discuss your situation. Together we will determine what parties are responsible and take appropriate action to get you the compensation you deserve.