At any point in their working life, a worker may be exposed to an accident, occupational disease, or fatality at their workplace. Of course, it would be normal to assume that the company will take care of all medical expenses. However, all Texas workers should know that private employers’ participation in the Workers’ Compensation System is at-will, meaning that employers are not required to have workers’ compensation insurance for their employees.
This is the name given to employers who do not take part in the Compensation System insurance policy to cover work-related injuries for their workers. Instead, they offer some salary and health benefits through a Worker Benefits Plan.
However, under the Texas Labor Code, a non-subscribing employer can be held liable and sued for economic and non-economic damages caused to a worker if the worker is the victim of a workplace injury, especially if the employer’s Benefit Plan doesn’t provide enough coverage to protect workers.
In fact, for non-subscribing employers, it is mandatory to notify all employees in writing, in English and other languages, that they are not covered by any insurance policy for injuries while working.
It may be the case that a worker ends up with a work injury due to the negligence of someone other than the employer; for example, it may be a supplier, a truck driver for a contractor company, or tool manufacturers.
Under these circumstances, the injured worker could file a third-party liability lawsuit.
Whether a worker is the victim of an occupational accident, for example, a slip and fall, a disability due to repetitive movements, or death, the employee and their family members must be aware of the different alternatives and mechanisms offered by legal regulations so that they can cope with medical bills, loss of income and other damages caused by this situation.