Can I Sue My Non-Subscribing Employer for My Injury?

Does the company you work for carry workers’ compensation insurance? If not, then you may have the right to sue your workplace for damages if you can prove that your injury was even partially the fault of your employer.

A recent court case provides a good example of how an injured worker can file a lawsuit against a negligent non-subscribing company.

Injured Worker Takes His Non-Subscribing Employer to Court

A Texas workers’ compensation non-subscriber will have to pay $5.3 million after the Texas appellate court ruled in favor of an injured worker.

The employee, Charles Robinson, claims that his traumatic brain injury (TBI) was caused by the negligence of his employer, West Star Transportation Inc., because the work environment was not “reasonably safe.” Mr. Robinson’s TBI was caused when he fell off an unevenly balanced flatbed trailer in early 2007.

The bulk of the damages awarded to Mr. Robinson are for past and future medical care, while the rest is for past and future pain and suffering, loss of future earnings, physical impairment and his wife’s loss of consortium.

An Attorney Can Help You with Your Non-Subscriber Workers’ Comp Claim

A personal injury attorney has many options for a lawsuit if your employer is a non-subscriber, because all he or she has to prove is that your injury was at least 1 percent the fault of your employer. This means, if you are hurt at work, and your company is not part of the Texas workers’ compensation system, then it is very likely that you may have grounds for a lawsuit.

The personal injury attorneys at The Law Offices of Aaron Allison have taken on powerful non-subscribing companies such as Home Depot, H-E-B and Lowes.

The Law Offices of Aaron Allison – Austin Personal Injury Attorney

Source: http://www.businessinsurance.com/article/20150127/NEWS08/150129856?tags=%7C75%7C304%7C92