Texas does not require employers to obtain workers’ compensation insurance. So what happens if you are injured on the job? If you are injured on the job and your employer has workers’ compensation insurance, you would not bring a lawsuit against them, but instead would collect from their policy. But what if your employer is a non-subscriber (they do not carry workers’ compensation insurance)?
If your employer is a non-subscriber, you may wish to sue them for your injuries. However, it can be very difficult to prove that your employer was negligent – especially if it is trying to limit your compensation. After all, it’s pretty safe to assume that your employer doesn’t want to pay a cent more than they need to. This is why evidence is so useful in proving employer negligence.
If you are trying to prove non-subscriber employer negligence, you should consider gathering the following types of evidence to support your claim:
Incident report
You should fill out an incident report at work as soon as possible after you are injured. An incident report details what specifically occurred and you may wish to include what transpired in your own words. Since memory fades with time, providing as much detail as possible is extremely important.
Photos and Video
Capturing the immediate aftermath of the accident can prove highly helpful. This includes what the room and/or floor looked like right after or what injuries you sustained if visible.
Coworker/Witness Testimony
If your co-workers or anyone else witnessed the accident that occurred, it’s best to obtain their statements or testimony as soon as possible since their recollection of the event may become hazier as time passes.
Medical Records
Your medical treatment should always be documented. Obtaining a copy of your medical records is useful because it substantiates the injuries that you suffered, the treatment that you are undergoing, your limitations, and the associated expenses.
Employment Records
Just as your medical records can demonstrate your medical expenses, your employment records can be used to show your previous wages and benefits and subsequently what was lost after your injury – before you are able to return to work.
Equipment Maintenance Logs
Unfortunately, sometimes accidents at work are the result of improperly maintained equipment. Obtaining these equipment maintenance logs can help to determine if the equipment was properly kept.
Training Logs
Another factor that can play a significant role in your employer negligence suit is whether or not your employer trained you properly, including safety training. If not, this only further proves negligence.
Expert Testimony
Having experts testify about your aspects of your case can greatly bolster your claims.
OSHA Violations
If your employer has previous OSHA violations they could be relevant to your case.
The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident at work with a Non-subscriber Employer
If you or a loved one has been injured in an accident at work with a non-subscriber employer, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.
At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
*Please note: We do not handle workers’ compensation cases.
