Austin workers comp lawyer Aaron Allison discusses your options for recovering damages for your injuries if you are injured at work with no workers’ comp insurance. For more information, call (512) 474-8346.
Well, if you’re injured on the job for a non-subscribing employer, most of the non-subscribing employers will have what’s called an injured employee plan. It’s a type of insurance that they find and it looks very much like and operates very much like real workers comp insurance. The injured worker has a limited period of time to notify the employer of the injury on the job. The employer will pay a percentage of their lost wages to them and will provide medical attention or pay the costs, medical costs for them. Now those employers who are non-subscribers, they own those injured employee plans, they fund them and they administrate them, so they have a lot of control over those plans and a lot of times their disputes and/or denials for medical services are lost wages to the injured worker. Under those plans, another key difference in the law is that a non-subscribing employer can be sued by the employee if the employer has real workers comp insurance they can never be sued by the employee. It’s called the exclusive remedy provision. It completely bars a claim of negligence against a subscribing employer. For more information, go to AaronAllisonLawFirm.com.