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What happens if your employer doesn't have workers' compensation?

Posted on in Firm News

Workers' compensation exists to help protect employed people from the potentially severe financial hardship that results from a workplace injury or an illness acquired because of their job. Injured or sickened workers often have to deal with lost wages while also paying for expensive medical care after a workplace accident.

Unfortunately, some workers who get hurt may discover that there isn't a workers' compensation insurance policy in place for their employer. Although such coverage is mandatory in most states across the country, Texas does not require that employers carry workers' compensation insurance.

Some companies carry special insurance policies that protect them from liability when a worker gets hurt. Others gamble and take the risk of incurring potential liability if a worker gets hurt on the job. If you suffer a serious workplace injury and then discover that your employer does not offer workers' compensation, it does not mean you have to cover the cost of your care yourself.

You may be able to bring a claim against your employer

Depending on the situation that led to your injury, it may be possible for you to take civil action against your employer for the financial losses that you suffered because of an injury on the job. However, in order to do so, you need to show that your employer was responsible for the incident that left you injured.

Particularly if you can show that negligence on the part of your employer played a role in the circumstances leading to your injury, you may have grounds for a personal injury lawsuit.

You could potentially hold a third party liable for their role

Were you driving a work vehicle as part of your job and another driver slammed into you? Do you use machinery on the job that turned out to be defective and contributed to your injury? There are many circumstances in which a third party other than your employer has some liability for the injury you suffered on the job.

Careful examination of the circumstances leading to your injury and possibly a discussion with an attorney familiar with this complex area of law may be necessary to explore all of your options for compensation after a workplace injury not covered by Texas workers' compensation.

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