If your employer does not have Texas Workers Comp what must they do.

texas law / By / / work injury

EMPLOYERS MUST:

  1. Notify the State they do or do not have coverage
  2. Notify the State when they terminate coverage
  3. Post notices, with exact wording, in the work place
  4. Notify new employees of the absence of coverage
  5. Notify existing employees of coverage termination
  6. Notify employees how to file claim

If your El Paso, Texas employer fails to post proper notices regarding coverage does that benefit you?  No, they simply face fines by the state (which can be considerable). Section 3.04 of Article 8308 provides that the injured employee must prove negligence of the employer, or of some agent or co-employee of the employer. The employer may defend the suit by showing the accident was caused by: (A) an intentional act of the employee, or (B) the employees’ intoxication (including substance abuse) (C)No Negligence on the part of the employer.

Facts about Son-Subscribers (employers who don’t carry Texas Workers’ Compensation)

  • 44% of all Texas Employers do not carry Texas Workers’ Compensation
  • 53% of all Texas Manufacturers don’t carry Texas Workers’ Compensation
  • 49% of all Texas Retailers don’t carry Texas Workers’ Compensation
  • 42% of all Texas Real Estate Sales and Management Companies don’t carry Texas Workers’ Compensation
  • 38% of all Texas Transportation Companies don’t carry Texas Workers’ Compensation
  • 37% of all Texas Construction Contractors are Non-Subscribers
  • 30% of all Texas Healthcare Employers are don’t carry Texas Workers’ Compensation
  • 94% of all large Non-Subscriber (don’t carry workers’ compensation) (200 Employees and up) have their own injury benefit plans which limit the employees rights to receive fair and just compensation for their injuries.
  • 30% of the small Non-Subscribing Employers have their own injury benefit plans which limit the employees rights to receive fair and just compensation for their injuries.
  • Less than 3% of all injury claims ever go to the Court House in Texas because employers are unfairly and unjustly using arbitration agreements to limit the rights of employees to have their cases heard by a jury of their peers.

Despite these facts employees can still make claims for their injuries if they are injured at work.  However there are many laws which must be navigated so that they can receive proper medical care and just compensation. Work injuries are not a personal injury issue; they are employment issues and injured workers should make sure they have someone working with them who can help them navigate these daunting employment laws related to work injuries.  El Paso work injury attorneys have to be able to know the laws that related to work injuries and keep up on this ever changing area of the law.

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