If an employer in the State of Texas elects to not subscribe to the Texas Workers’ Compensation system, the Division of Workers’ Compensation will not assist in administering the claim. Most employers will handle the Claim through their Employee Retirement Security Act (ERISA) plan. The claim is generally initiated by contacting the plan administrator.
The employer or their plan administrator can create the rules on how the claim will be handled. Rules on how a claim is set up and handled should be available from the Human Resource Department or through the plan administrator.
However, when an employer elects to be a non-subscriber, they are no longer protected from negligence claims. If the worker was injured as a result of negligence on the part of their employer, a claim may be brought against the employer. These claims are either brought through the court system or through binding arbitration. If a case goes to district court or binding mediation, the expenses are a lot greater than a subscriber case.
Injured workers who deal with an employer that is a non-subscriber, should have their claim evaluated as soon as possible. An experienced attorney will help the injured worker understand what rights they have and all possible causes of action.
Daniel L Morris The Morris Law Firm (214)357-1782 firstname.lastname@example.org