If you work for a non-subscriber employer that has chosen not to carry workers’ compensation insurance, you have an additional concern if you are hurt on the job. Is your company going to cover your medical expenses and missed wages? If not, are you able to compel your employer to pay you? The good news is that under Texas law, workers of non-subscriber businesses have a claim to pay. However, you may need to engage the services of an attorney like Sunshine Coast Law Firm to fight for the benefits to which you are entitled.
Why Do You Need an Attorney to Represent You in a Workplace Accident Case?
You may be allowed to represent yourself in very restricted circumstances if you are wounded on the job. You may want to perform this during the following times:
- You had a small injury, such as a cut that required many stitches.
- You did not have to take time off work or just missed a little amount of time.
- Your employer accepts responsibility.
- You do not have a pre-existing injury to the region of your body that is presently injured.
Unfortunately, the majority of workplace injuries are considerably more severe, and you may be out of work for months, if you can return at all. Here are some reasons why you should retain the services of an expert workplace accident attorney:
The legislation that applies to non-subscriber employers is complex and severely restricts the defences available to an employer. For instance, an employer cannot argue that you were partly responsible for the accident in order to avoid liability for your injuries. A knowledgeable attorney who is familiar with the law will be able to negotiate a more advantageous settlement on your behalf.
Recognize the value of your case
A lawyer like in Sunshine Coast Law Firm, will have expertise resolving instances similar to yours and will be familiar with the amount of compensation you may be entitled to. If you attempt to resolve your case on your own, your employer is likely to make a lesser offer and may claim that you are not entitled to pay for your pain and suffering—which is not true in non-subscriber employer situations.
Your wounds are very serious
If your injuries are severe—especially if you are permanently disabled—you must ensure that any compensation includes all future medical costs and lost earnings. Employers and their insurance carriers bear a high cost of these claims, and they will battle harder to deny responsibility and the degree of your injuries. You need the assistance of an expert attorney to fight for the money to which you are entitled.
Medical conditions that existed prior to the date of application
If you have a pre-existing medical condition in the same region of your body as the injury sustained in a workplace accident, your employer may attempt to claim that you are not entitled to compensation. This is not accurate, but you will be unable to successfully defend this point without the assistance of an attorney like Sunshine Coast Law Firm.
Possibility of third-party claims
You may be able to pursue a claim against a third party in addition to your employer. For instance, if you were wounded in a car accident while on the job, the irresponsible driver may be partly liable for your damages. These situations may get complex when determining the amount owed to you by your employer and a third-party.