SCUTT LAW PLLC

In Texas, work injuries fall under one of two different categories: (1) the employer is a subscriber to worker’s compensation; or (2) the employer is a non-subscriber to worker’s compensation. This distinction is important as to what remedies the injured employee has under the law in Texas. If the employer has worker’s compensation insurance, then that is the exclusive remedy for the injured employee (unless the injury results in death and there is gross negligence on the part of the employer). In other cases when an employee is injured and the employer has worker’s compensation, the remedy is to go through worker’s compensation insurance.

If the employer did not have worker’s compensation insurance, then they are what is known as a non-subscriber, and the case proceeds in a similar manner to any other claim of negligence. This is an important distinction because the employee can seek damages like:

Past medical expenses; Future medical expenses; Pain and suffering in the past; Pain and suffering in the future; Mental anguish in the past; Mental anguish in the future; Physical impairment in the past; Physical impairment in the future; Physical disfigurement in the past; Physical disfigurement in the future; Lost wages in the past; Loss of future wage-earning capacity; Pre-judgment interest; Post-judgment interest; and Exemplary damages.

If you have been injured at work, it is important to get assistance from an attorney to help navigate these issues. Please feel free to contact Scutt Law, PLLC for a free case consultation.