Beaumont Workplace Injury Attorney
Assisting Victims of Workplace Injuries in Beaumont and Throughout Texas
The Gilbert Adams Law Firm are here to help you if you have been injured on the job in a work-related accident. With over 75 years of combined experience, our Beaumont personal injury and wrongful death lawyers can help you whether your employer is outside of the workers’ compensation system, or if your injuries are attributable to a third party.
Non-Subscriber Liability for Employers
Some businesses in Texas have chosen not to participate in the workers’ compensation system, perhaps because they feel that the cost of workers’ compensation insurance is too high, or that the nature of their business is such that the risk of injury is very low. However, when a workplace accident occurs, the business may be liable to the injured worker for the damages caused.
Claims against employers who are not participants in the workers’ compensation system (often referred to as “non-subscriber” employers) proceed in much the same way as other personal injury and wrongful death claims. If the injury was caused by the negligent or wrongful act or omission of the company, then the injured party may be able to recover for the damages caused, including medical expenses, lost wages, pain and suffering, and other damages available under Texas law.
Even if the employer is in the workers’ compensation system, the accident or injury may be attributed to a third party not under the employer’s control. For example, an accident may be caused by a fall from defective scaffolding or defective equipment, giving rise to a products liability claim. Construction site accidents are often caused by third parties, with many different parties driving on-site and being responsible for different parts of a project, from operating cranes to installing electrical wiring. Also, an employee may be involved in an automobile or trucking accident while off the employer’s premises but still within the scope of the employee’s duty, such as delivering items, picking up supplies, or making sales calls.
In any of these instances, the injured person may be able to recover from the negligent party, regardless of whether or not the employer is covered by workers’ compensation or a claim is being simultaneously pursued against the employer.
Seek Experienced Legal Representation
Even an employer who does not purchase workers’ compensation insurance may still be covered under the workers’ comp system, such as through self-insurance. It is important to be represented by an experienced attorney who understands the proper legal channels that you must go through in order to be successful with your claim. In Beaumont and throughout Texas, contact the Gilbert Adams Law Firm for a free consultation regarding an on-the-job or workplace injury.