“If you’ve been injured in McAllen, J.A. Davis & Associates offers experienced personal injury lawyers who will protect your rights and ensure you get the compensation you deserve.”

What if My Employer Is Not a Subscriber?

If the employer is not enrolled in Texas workers’ comp, you can bring a regular personal injury suit and claim damages for various injuries, such as:

Loss of income for the length of time in the hospital or out of work.
Any loss of earning capacity and long-term disability.
Your medical expenses.
Property damage incurred.
The physical pain, suffering, and emotional distress.

If your employer is a non-subscriber to workers’ compensation, they have only one legal defense known as sole proximate cause. This defense works to prove that you were solely responsible for your accident. Employers generally work towards building an argument against you that you’re the only person at fault. For example, if you have injuries in the workplace that resulted from you lifting something too heavy, your employer may argue that because you worked alone, the injury was your fault alone. Our lawyers are often able to prove the link between your innocent actions and any injuries by showing that your employer failed to provide the right safety equipment and training needed for someone to know how to lift and carry safely the heavy load. We also note that other forms of may have been exhibited by other parties also involved in the workplace injury accident in Texas. More Information Here

Connecting the incident to the employer in this way is often done by doing the hard legal work that’s often challenging for less experienced attorneys. This legal responsibility is not something that a less experienced attorney would likely understand as well as our lawyers. You need a lawyer who knows how to handle work-related accidents. We know how to prove to the jury that the injury was caused by negligence on the part of the employer, not you. We are dedicated to helping you seek compensation regardless of the non-subscriber vs workers’ comp status of your employer. More about Workers Compensation Lawyers McAllen here
Contracting vs. Employment – It Matters
Many companies mistakenly believe that instead of hiring employees, they can hire contractors in order to shy away from liability for accidents. This belief is because of the fact that Texas law expressly states that employees are generally entitled to protection from accidents, but not contractors. On the other hand, Texas law does not provide clear guidelines to determine the status of a person, whether an employee or a contractor. This means that your lawyer should review previous decisions to discuss whether a worker is an employee or a contractor. This is called case law and the state is very clear on this point: when it comes to civil liability, the actual work with the employer is what matters most.

Many factors can create an employment relationship. The most direct is a contract where you are employed. Another simple example is that if an employee serves, in particular, the activity of the employer. For example, a person who is working in a Gap, wearing a Gap name tag, and is serving customers in a Gap, then the person is a Gap employee, despite the absence of an agreement saying so.

In most cases, the determination between a contractor and an employee is not so simple. In these situations, we have listed a number of conditions to determine your relationship with your current employer:

The worker works for a lot of clients: If a plumber is working on various projects for several clients, he is a plumbing contractor. If he works on many buildings for one client, he is an employee.
The worker must use their own tools: If the employee is responsible for their own tools and equipment, a worker is a contractor. If the employer has the tools and equipment with which the employee works, he’s an employee.
The worker is paid at the end of a project: If the worker is paid at the end of the project, the worker is a contractor. If the employee pays the wages per hour or per year, the worker is an employee.
The worker has his work managed at various stages of completion: If the employer must take account of a project at different stages of completion, the worker is an employee. If the employer takes into account solely the finished product, the worker is a contractor.
When the worker gets to decide how long to spend on each project: If the employee cannot determine the time it takes for a particular project, the worker is not a contractor.
When you take a worker from another agency, the rules for determining the relationship may be similar, but there are fundamental differences. The conditions are:

Worker’s employer has the right to hire or fire: If the employer who borrows can fire an employee at any time, the worker is an employee.
The employer has the right to choose a particular employee whose employer: If this is the case, it’s an employee relationship.
When the borrowed employee is responsible for supplying their own tools, the worker is a contractor. If the employer provides tools for the job, the worker is employed.
The borrower cannot replace an employee with another employee at any time: If this is the case, the worker is a contractor.
When the employer borrows the worker for some unspecified time: If an employee has borrowed the worker for the length of the project only, the project worker is a contractor.
The worker is taken because of a specific skill: If a computer repair company borrows an expert on fiber optics, the worker is a contractor. However, if an employer has the employee fill a position that anyone can fill, then the worker is an employee.
Where the employer is liable for the income tax and social security: If the borrower pays for services and income so that the worker is employed. If the employer does not have this responsibility, while the worker is a contractor.

The Texas Work Accident Lawyers of our Law Office is Ready to Help You Seek Compensation

Our lawyers can help you find just compensation if you are injured at work. If the employer has state workers’ comp insurance – or when the employer does not – we can help you obtain compensation.

We can also help you identify third parties who may be liable and therefore financially responsible. Even when these third parties are liable only on the basis of unclear legal theories, we can help. If the employer does not have accident insurance, we can help build a strong and complete case against non-subscribers, and we can fight against defense lawyers, who will work to shed liability. We also thoroughly investigate your employer to determine whether or not they are a non-subscriber vs workers’ comp employer. Before talking to the insurance company, accepting a commitment fee from the company, or trying to sue on your own, contact our Texas work injury attorneys to learn more about your legal options and the possible value of your case or claim.

Our Texas workplace accident law firm is often able to obtain compensation for injured workers that less experienced lawyers have refused to help. We recently dealt with a case in which a worker was injured at work, and he had signed a contract saying he was only a contractor working there. More than half a dozen different law firms said that it was not a good case. Our Law Office, however, established a working relationship and eventually won a seven-figure settlement.

Our Texas on-the-job accident lawyers bring to the table decades of experience. We have successfully handled hundreds of occupational injury cases in Texas and throughout the country. We have gone against nearly all major insurers. Defense attorneys know and respect our name. They know that we care about our clients’ rights and will fight relentlessly to protect their interests. They are often afraid to take our lawyers to court. We may be able to obtain just compensation without the need to use the courtroom, but we are willing and ready to fight aggressively for your court when necessary. We do everything we can to ensure that you have fair compensation for your injuries. To learn more about your possi