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At The Law Offices of Aaron Allison, we represent Dallas residents injured while working for employers who do not carry workers compensation insurance. While the law does not require employers to provide workers comp, it does not limit your options or the employer’s responsibility for your damages. With experience in workers compensation, non subscriber workers compensation and personal injury claims, we have the experience to overcome the complex legal obstacles and obtain reasonable compensation for you.
Workers’ compensation is a form of insurance that provides compensation to workers for on-the-job accidents, illnesses, injuries, and fatalities. In return for this compensation, employees lose the right to sue their employers for negligence or other injury-related damages.
For employees who are injured at work, workers’ compensation insurance provides:
For employers, workers’ compensation offers a number of benefits as well, including:
This trade-off, where workers exchange the potential of high damage awards from a lawsuit in return for guaranteed benefits, is called “the compensation bargain.” Because it benefits workers while being cost-effective for employers, it expanded across the U.S. in the early 1900s, and every state had a workers’ compensation program by 1949.
Workers’ compensation insurance is regulated by state governments. In some states, like Texas, workers’ compensation plans and benefits are also directly administered by the state government. In some states, workers’ compensation plans are provided and administered by private insurance companies. Government regulation and oversight means that if a workers’ compensation claim is denied, an employee can appeal all the way to the state judicial system and have their case heard by a judge or magistrate.
Texas is unique in that employers are not required to carry workers compensation insurance. This law, coupled with the high cost of insurance premiums, has caused over 40 percent of Texas businesses to opt out of workers comp insurance and become non subscribers.
If an employer carries workers comp insurance, Texas workers compensation laws shield Dallas-area employers from negligence lawsuits brought by their employees when the employee is hurt on the job. In cases like these, workers compensation claims are filed against the insurance provider, not the company. However, non subscribers, or those employers who have opted out of the workers compensation system, can be subjected to a personal injury negligence claim.
In either situation, injured workers can seek different forms of monetary relief. A typical workers comp claim seeks compensation for medical expenses and lost wages suffered while an individual recovers from a workplace injury. With a personal injury claim, additional damage payments may be available to compensate for emotional suffering, damaged property, damaged equipment and loss of earning potential.
If you have a workplace injury in Texas, through no fault of your own, you are entitled to compensation for your medical costs, lost wages, and other related expenses. However, there is a statute of limitations for your claim: it is important to file correctly and on time in order to recover your damages. (If your employer does not carry workers’ comp, see the “non-subscriber” section below.) Here is an overview of the workers’ compensation claim process:
After your claim has been filed, it may be accepted, in which case you will receive compensation, or it may be denied. If your claim is denied, you can begin the appeal process to have the denial reconsidered or overturned. Remember that many companies will work hard to deny your claim and hire legal representation to make sure you don’t get compensation. It is important to consult with a Dallas workers’ comp lawyer to make sure your rights are protected.
Some Dallas workers comp claims involve the negligence of a third party. Negligent subcontractors, defective equipment, dangerous site conditions, or an inattentive driver crashing into a company car are common causes of third-party liability claims.
In the event of a third party causing serious injuries, you may be able to recover compensation through both a workers’ compensation claim and a personal injury case. Our Dallas workers’ compensation attorney will investigate the accident, and we will use our resources and experience to hold all involved parties accountable for their actions.
Dallas workers compensation attorney Aaron Allison started working at his father’s law firm as a teenager, and he has dedicated his life to the practice of law ever since. He handles workers comp and personal injury claims at a small, specialized law firm in Austin, upholding his father’s legacy to justice.
Texas is the only state in America that allows employers to opt out of carrying workers’ comp insurance. These employers are called “non-subscribers,” and, as of 2001, 35% of Texas employers are non-subscribers.
Employers who opt out of workers’ compensation insurance are still liable for their employees’ work-related injuries and illnesses and still owe compensation for medical costs, lost wages, and other expenses. Instead of workers’ comp insurance, these employers often choose one of two alternative plans:
Self-insurance. Companies that have a lot of capital may choose to be self-insured. This means that they pay injured workers directly using company funds, and claims are administered internally, often by the Human Resources Department.
Private insurance. Instead of participating in the workers’ compensation insurance offered by the state, a company may choose to buy some other insurance policy. They may carry private workers’ comp insurance or offer other injury or disability packages.
Non-subscribing employers are required to notify employees of what insurance they carry and what procedure they need to follow in order to file a claim. They are required to include this information in their employment contract and to post signs in common areas like break rooms. If you work for a non-subscriber, it is important to understand their injury and claims filing process and share that information with family and loved ones who may need to operate on your behalf in case of a severe injury or fatality.
Workers’ compensation insurance doesn’t just provide compensation to injured employees. It also offers the employer certain legal protections, including protection from lawsuits. If an employer does not carry workers’ compensation insurance and they do not compensate you fairly and promptly, you may need to take them to court. A non-subscribing employer has additional legal liability in the case of employee injury, including:
While a non-subscribing employer has all of these additional risks and liabilities in case of an employee injury lawsuit, taking your employer to court can still be a long, difficult, expensive process. It is important to find expert Dallas workers’ compensation lawyers who will fight aggressively for your rights and who aren’t afraid to take your case to court. The employer will have attorneys on their side: you need great legal representation on your side.
All injured workers have rights and options under the law. If you were hurt on the job, we can help you make the best decisions for yourself and your family. Contact our Dallas workers compensation attorney online, or give our office a call at (512) 812-7484.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
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If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney you’re used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.
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When you schedule your free consultation with a personal injury and accident lawyer in San Antonio, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
To begin the process of filing a personal injury lawsuit, you should schedule a consultation with an experienced personal injury attorney in Austin. During the initial meeting, you will present the details of your claim to your attorney, including how your injury occurred, and the circumstances under which it occurred. If you agree to hire that attorney, then he or she will file a personal injury claim on your behalf, and the process will go from there.
It can take months, or, in some cases, years to settle a personal injury claim. The duration of the case will depend entirely upon the facts and circumstances of the claim. Some cases will take at least a year from the time the complaint is filed to settle, while others could take about six months. Talk to our Austin personal injury attorneys to get an idea of how long your personal injury claim could potentially take to settle.
In the state of Texas, a personal injury claim must be filed no later than two years after the date of the accident. However, certain circumstances can affect the statute of limitations for your injury claim. Consult with a Texas personal injury attorney to receive the most accurate information.
You should discuss this question with a personal injury attorney during an initial consultation. However, generally speaking, your attorney will start at a number which is higher than what you actually want. This number will include your medical expenses, lost wages, future lost wages, pain and suffering and other damages. By starting high, the insurance company may offer a lower amount, allowing you to meet in the middle at an amount closer to what you actually wanted.
Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer’s fees for representing you will be deducted from your final settlement. You should always ask a personal injury lawyer what his or her fee will be during an initial consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 512-474-8346