In Texas, some employers have the option of choosing to purchase a traditional workers’ compensation policy to cover their employees or to self-insure. There are some very important differences between these two types of policies.
There are a few points that workers who are employed by a self-insured company need to remember. These can help them decide if they are going to take legal action if their employer refuses to cover their work-related injury.
An employee who is injured for any of the following reasons can sue their employer for damages if the employer is self-insured. However, they won’t be able to take legal action or receive workers’ comp coverage if the employer has a traditional workers’ compensation insurance policy.
- Negligent actions from another employee contributed to the accident.
- The employee’s own negligence contributed to the injury.
- The employee accepted a known danger when performing their job duties.
Note that your employer can’t use any of those factors in their defense if you opt to pursue a legal claim against them. Because the employer loses many protections when they try to self-insure their business for workers’ compensation, there are often arguments the injured worker can make when they take legal action in relation to the injury.
Trying to battle for the benefits you’re due can be challenging. Seeking the assistance of a lawyer who knows the self-insurance laws in this state is beneficial. You can focus on healing from the work-related injury while they fight for your right to receive compensation for you.