If your employer made the decision to take the “Texas Option” and self-insure rather than using the state-regulated program, they become open to personal injury lawsuits if the victim can show that the employer was negligent by not preventing the accident.
Every situation is different, so a free case evaluation may be your best bet if your employer is a non-subscriber. A work injury lawyer in Houston may be able to obtain additional compensation from non-subscribing employers, including punitive damages or compensation for pain and suffering.
Workers’ compensation benefits should be available to you for any injury or illness that results during the course of your employment. There are a few reasons under Texas law where your claim could be denied if your injury results from:
- Willful criminal acts by you or against you
- “Horseplay” or deliberately doing things improperly
- Injuring yourself on purpose
- Being intoxicated by drugs or alcohol while working
- “Acts of God” like natural disasters
If your claim was denied by the state-regulated workers’ compensation system, you have the right to appeal. If a private or self-insured employer denies your claim, you may have the ability to pursue a lawsuit for full compensation. Our Houston workplace injury attorneys can help.