Dallas work injury attorney Michael Grossman explains the differnce between workers' comp and nonsubscriber cases

Workers' Compensation vs. Non-Subscriber Work Injuries

If you have been injured on the job and are debating hiring a Dallas workers comp attorney, there are some things you need to consider. Texas work injury laws are complex. Essentially, work injury cases fit in two distinct categories: injuries covered by workers' compensation insurance and injuries that are not.

Workers' compensation is a set of provisions that, despite the name, is designed to protect employers from law suits filed by injured employees.  It effectively grants them immunity to these law suits and in return, theoretically, the insurance policy pays for the medical expenses and about 60% of the lost wages of the injured employee.

Unfortunately, employees are often cheated out of some of the compensation that would be rightfully theirs in another type of personal injury case. Our experienced attorneys can make sure your workers compensation fairly covers all your expenses.

Sometimes a company may decide not to pay for workers compensation insurance. These companies are known as nonsubscribers.  Nonsubscriber injury cases can get complicated because the Texas Workers Compensation Act has provisions built in to punish companies that don't subscribe to workers compensation. The TWCA makes nonsubscribers vulnerable to personal injury claims and places no cap on the amount of damages that can be recovered.

While it certainly sounds like this would make your claim simple, this is not the case. In fact, that just ensures that the company you wish to sue is going to play hardball. Nonsubscribers typically hire a team of defense attorneys who are specialized in defending nonsubscribers in personal injury cases. The only real defense that a nonsubscriber can use is a defense called "sole proximate cause" which basically means that the accident is entirely the fault of the victim due to their own actions. In other words, this team of expert attorneys is going to do everything it can to make it seem like the injury was your fault.

This is why you need the help of an experienced attorney. The attorneys at Grossman Law Offices have been dealing with both workers compensation and nonsubscriber cases for twenty years. We have successfully recovered millions of dollars in nonsubscriber work injury cases and we can help you too.

Posted by: Dallas workers comp attorney Michael Grossman | Posted on: 10/5/2009 | Comments (0)

As a Texas attorney practicing for 20 years, I have litigated all manner of personal injury cases. I use this blog as a place to write opinion / editorial articles on a variety of topics that catch my interest and as a means of sharing news stories relevant to personal injury accidents. I think the overwhelming majority of people are unaware just how common these types of accidents are and I hope this blog raises awareness to rather serious public safety concerns. However, this blog is simply a means for me to share my opinions and I would recommend that anyone who is considering seeking legal counsel should contact their family attorney.

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