» Texas Employer’s Must Report Non-Covered Status In Relation To Work Injuries Or Deaths

Texas Employer’s Must Report Non-Covered Status In Relation To Work Injuries Or Deaths

Austin Personal Injury Lawyers

Austin Personal Injury Lawyers - Perlmutter & Schuelke, LLP

Austin, TX (Law Firm Newswire) April 8, 2014 – For those employed on jobsites in Texas, it is vital to understand how workers’ compensation operates.

“It’s important for workers to know that the workers’ compensation system in Texas allows employers to offer medical benefits and lost earnings to a worker involved in a jobsite accident,” explains Austin workplace injury lawyer, Brooks Schuelke of Perlmutter & Schuelke, LLP.

Some Texas employers maintain insurance that covers the costs of work-related accidents, insurance which limits an employer’s liability if a worker files a lawsuit seeking damages for personal injuries. However, in the Lone Star State, employers may choose whether or not they want to carry workers’ compensation coverage.

If employers do not carry coverage, they must report their non-covered status, employment-related illnesses, on-the-job injuries and deaths to the Texas Department of Insurance. “Failure to do so is regarded as an administrative violation which may incur serious penalties. If an employer does not subscribe to workers’ compensation, they must also inform their workers that they do not offer coverage by way of a Notice 5 posting,” says Schuelke.

The main difference between a non-insured employer and an insured employer is liability. An example would be that employers who do not have insurance are not protected by the exclusive remedy doctrine. The exclusive remedy doctrine offers a limited number of benefits to an injured worker but the protection is offered in exchange for capped legal responsibility, which excludes most negligence claims.

“Companies without coverage may be mandated to pay punitive damages if they lose a case in court and they may also lose the right to use common-law defenses,” points out Schuelke. They may not be able to assert negligence of other workers, a worker’s own negligence resulting in an injury at work, or that the injured employee knew about a hazard but accepted the danger by ignoring it. “Thus if a company is negligent and non-insured, they could well be financially responsible for a worker’s injuries.”

Injured workers in Texas have specific recovery rights, but the legal options to trigger that process may differ according to a what insurance status a company has. “If you have questions about a workplace injury, call my office. I am here to help you,” says Schuelke.

Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944


View Larger Map

  • How Do I Settle A Claim With An Insurance Company Amicably?
    This is another question I recently received. A person was injured in a car wreck, they submitted a demand letter, and tried to negotiate, but the insurance company was stonewalling them.  What are they supposed to do? There isn’t a good answer for someone in this situation.  Insurance companies may engage in stonewalling tactics that [...]
  • Will Austin Ban Use of Cell Phones While Driving?
    A lot of momentum seems to be developing for the idea that Austin will ban drivers from using hand-held devices while driving.  In February, the Austin City Council appointed a Distracted Driving Study Group to look at the problem of distracted driving.  On Monday, the study group released a memo recommending that the city council [...]
  • I Waited Two Months To Go To The Doctor. Do I Still Have A Case?
    I received this question the other day, and I thought others might be interested in the answer as well. The short answer is “yes.”  Just because you didn’t immediately go to the doctor does not mean that you were not hurt and that you don’t have a case. But those types of delay do make [...]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required