On The Job Injuries

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WELLS, PURCELL&KRAATZ

Non-Subscriber Lawyers For 30 Years

For decades, Texas was the only state in this country that did not require employers to provide workers’ compensation benefits to their employees. Recently, Oklahoma allowed employers to non-subscribe to the workers’ compensation system. So, Texas and Oklahoma are the only states in the country, and among few jurisdictions in the entire western world that don’t require employers to provide any work place injury coverage at all. It has been estimated that over 500,000 people employed in Texas are on their own if they should get hurt at work.

Large employers, such as Wal-Mart, Taco Bell, McDonald’s and major hospital systems in Texas have decided to become non-subscribers. A non-subscriber is an employer that decides to not subscribe to the workers’ compensation system. Employers make the decision to not carry comp coverage thinking that they will save money. There is documented proof of that non-subscribing to the comp system saves money for the employer. If an injured worker has no insurance for an injury, then we all pay for the losses through Medicare, Medicaid or government programs for indigent health care.

An employer without workers’ compensation insurance loses many legal defenses because of the decision they made to not carry workers’ compensation insurance. Texas Labor Code §406.033. An injured employee not covered by comp must prove that the employer was negligent in causing the injury. If the injured worker can prove negligence, then his employer is responsible for all damages including pain and suffering, medical expenses, and income loss.

At Wells, Purcell & Kraatz we have been successfully pursing no comp employers for over 30 years. If you are hurt while working and your employer is refusing to pay your medical expenses and income loss, please contact the law firm as soon as possible.

No Comp Alternative Plans

Many non-subscribing employers have “on the job injury plans” as a replacement for workers’ compensation insurance. These plans many times have unreasonable limits on the reporting of an accident, medical care that can be obtained, and limited benefits while the injured worker is recovering. Since these alternative plans may carry severe penalties for reporting the injury late or not going to the doctor chosen by the employer, it is important to evaluate your legal options as soon as possible. The fact that an employer carries an alternative plan does not prevent an injured worker from filing a non-subscriber case against his employer. The way that the plan and the non-subscribing lawsuit interact is a very complicated area of the law.

What To Do If Hurt At Work

It is very important to report an injury, even if it seems minor at the time, as soon as possible. Many alternative plans require reporting within twenty-four hours as a pre-condition to a recovery of any benefits under the plan. The following steps should always be taken when an employee is injured on the job:

• Report and document the injury as soon as possible
• Obtain photographs of the area or equipment that was involved in the injury
• Seek medical help as soon as possible

Contact Wells, Purcell & Kraatz

We will discuss your situation quickly and efficiently. Of course, there is no charge for consulting with us about your non-subscriber on the job injury. We would encourage you to review some of the source materials below which may further illustrate the rights you have as an injured employee.