Personal Injury Lawyer
Worker’s compensation vs. non-subscriber — what exactly are the differences between these two? Believe it or not, Texas is the first state to allow employers to opt-out of providing worker’s compensation insurance to become non-subscriber employees. Whenever it comes to worker’s compensation vs. non-subscribers the differences quickly become apparent. To the fault, compensation, and the way in which legal proceedings will take place, these two employment options differ from each other legally. This includes the realm of personal injury law.
To start with, the first main difference between worker’s compensation and non-subscriber workers is who is to be held at-fault and to what extent. For compensated workers, the employer understands there is no inherit “fault benefit” for the employee. If an employee is hurt while at work, they do not have to prove the company as being responsible to receive their benefits. Even if the worker is the one who caused their injury, they will still receive their insurance benefits.
On the contrary for a non-subscriber employee, if they get hurt while on the job, they must prove in some way it was the employer’s fault. For non-subscriber employees, they may have to take their case to court in order to receive their benefits from the company they work for, but in court, they only need to prove it is at least 1% of the employer’s fault that they were injured in order to receive compensation. Whether that be by negligence on the company’s part or because of unsafe working conditions for the employees. After the fault is decided there is still a difference in compensation for worker’s compensation and non-subscriber employees.
Furthermore, once the fault has been determined (for non-subscriber employees) both of these kinds of workers will not receive the same compensation nor will the process for receiving their benefits be the same. In a worker’s compensation case, the employee can be reimbursed for not only their medical bills but for 70% of their lost wages. But the employee would only be able to receive partial long-term benefits if the injury was catastrophic.
When looking at non-subscriber workers, those specific employees will be able to receive full compensation for their medical bills and any lost wages. Additionally, these workers may be entitled to future wage losses if their injuries result in complete or possible disability, while compensated workers are not. But remember, before non-subscriber workers receive any type of compensation, they will most likely have to go to court first. And sometimes compensated workers will have to go through some other legal processes as well.
Lastly, the legal proceedings for these two employment situations vary greatly between themselves. If a worker’s compensation benefits are denied by the company they work for then the employee must file an administrative appeal. Administrative appeals are relatively easy to fill out and are typically a streamlined legal process. While for a non-subscribed worker, if the company or employer refuses to pay them compensation for their work injuries then a lawsuit must be filled. This case may even go to a jury trial so the non-subscriber can hold their employer accountable. If this occurs for the non-subscriber employee, then gaining their benefits from their employer will turn into a long drawn-out process for both parties involved.
Upon considering each of these different factors between worker’s compensation vs non-subscriber employees, these things should be considered when taking on a job with either of these personal injury insurance policies. From whose fault the personal injury would be to how much compensation will be earned, or even how the legal process will turn out. These are a few of the core differences that these two employment situations encompass.
Essentially compensated workers have an easier route to obtaining their benefits when injured at work. While non-subscriber workers will gain more benefits if their employer is found legally liable for their personal injury in the court of law. If you find yourself injured at work, you should consider contacting a personal injury lawyer at the law firm Brandy Austin Law Firm, PLLC could help you put the details into perspective. It is important to consider both of these employment situations when considering how a personal injury might affect your work and life when accepting a job offer.