An Explanation of Non Subscriber Law
The term “non subscriber” is how attorneys refer to an employee who was
hurt on the job and his or her employer does not have workers'
compensation insurance coverage; ie. the employer does not subscribe to workers comp. (To learn more about workers' compensation law, click here)
Unlike workers' compensation cases, where the employee is forced to
forfeit many of their rights in the interest of protecting the
employer, these types of cases can be very interesting to the injured
employee
because Texas law penalizes the employer for not having workers' comp
coverage by allowing the employee to sue for all normal damages, AND
the employer cannot use many of the common defenses. In fact, the only
notable defense that the employer can use is "sole proximate cause".
Sole proximate cause is, in essence, the argument that the injured
employee was 100% responsible his or her own injuries. If, instead, the
injured employee and their attorneys can proven that the employer is 1% at fault, the
injured employee wins.
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This particular law is one of the last “frontiers” of Texas law which
still helps out the employee. This law works as a powerful motivator to encourage the
employer to purchase workers' comp insurance, yet many employers still
choose not to have this insurance.
For the employer, this is a very risky
way to operate because if one of its employees suffers a catastrophic
injury or even a wrongful death, the employer may be responsible to pay a very
large sum of money to the employee or his or her family.
The benefit of hiring Grossman Law Offices non-subscriber attorneys in these types of cases is
that all of these legal advantages can be put to work. Once suit is
filed the defense attorney knows that he or she has an uphill battle
with regard to liability. The emphasis is usually put on the damages
side of these cases. personal injury attorneys of Houston at Grossman Law Offices will obtain the evidence in
an efficient and expedient manner in order to create a persuasive
argument, and work to accurately document the injuries in the interest
of getting you compensated for all of your damages.
Often times expert witnesses are necessary to help explain to an
insurance company, opposing attorney, or jury the liability issues and
damages (injury) issues. A credible expert who is a leader in his or her field
can be worth their weight in gold. We partner with the best expert witnesses in order to maximize the value of all of your case.