Fort Worth Non-Subscriber & Workplace Accident Lawyers

No one intends to be injured while on the job. Likewise, employers do not run a business with the goal of employee injuries. Accidents, however, do happen and there are times when an employee must protect their rights after an on-the-job accident. Texas’ unique system for dealing with such situations can quickly complicate matters for a worker. Retaining an attorney as soon as possible can be an important step for one to protect their rights. Our Fort Worth non-subscriber and workplace accident lawyers handle matters which fall outside of the traditional workers’ compensation system. If you or a loved one have been injured then contact Noteboom – The Law Firm today to schedule an initial consultation. We look forward to speaking with you.

DFW workplace accident attorneys for cases outside the workers’ compensation system

Texas differs from most states in that employers are not required to carry workers’ compensation insurance. Companies which choose to not carry such coverage are referred to as “non-subscribers.” The most common reason for which a company may choose to go the non-subscriber route is the extreme cost of workers’ comp coverage for risk industries, such as oil extraction. When an employee is injured on the job, while working for a non-subscriber, then they may proceed with a lawsuit just as they would in any other personal injury case. Such cases often also involve additional parties beyond the employer.

If someone is injured on the job then a crucial first step is to report it to the employer immediately. The next step is to seek medical attention. It is also important to discuss the situation with an attorney as soon as possible. Counsel will immediately contact the employer and make a demand that all evidence of the incident be preserved. They will then make contact with the company’s insurance carrier. Once a victim’s chances of recovery, or lack thereof, are known then a demand for payment will be sent to the insurer. This demand will include compensation for current and future lost wages, current and future pain and suffering, and punitive damages in extreme cases. If a settlement is not reached with the insurer then the case will proceed to litigation.

It may be possible to bring a claim against parties other than one’s employer after a workplace accident. Whether such a claim will be available is going to depend on the specifics of the case. Examples of such claims may include bringing a case against a land owner after an oil field accident, as most oil companies simply lease the land. Similarly, if a construction accident occurs due to an equipment malfunction then it may be possible to bring a case against the equipment manufacturer as well as the employer. An experienced attorney can identify all the potential parties in a given case.

Our DFW workplace accident attorneys handle cases against non-subscribers as well as third-parties. Once retained, our team will immediately work to ensure that evidence of the incident is maintained. We will then identify all the potential defendants and inform them that you are represented by counsel. Once your prognosis is known then we will demand a settlement. If an acceptable offer is not made then we are prepared to file a lawsuit on your behalf. Unlike some other law firms, we will handle this process “end to end,” we do not refer cases out when it is time for litigation. Chuck Noteboom founded our firm on the belief that the rights of people should be protected over those of companies and we apply this belief to every case we handle. Contact us today to schedule an initial appointment.

Fort Worth accident lawyers with the resources necessary to litigate against large employers

Cases involving oil field accidents, construction injuries, and matters against equipment manufacturers often mean litigating against a number of insurance lawyers and well-funded defendants. These types of cases often involve the use of numerous expert witnesses and your attorney will often have to pay extensive expenses up front, with a risk of not recouping those expenses. Retaining a law firm with the resources necessary to handle such matters can, therefore, be vital to ensuring that your case is handled correctly. Our firm focuses exclusively on the area of personal injury law and we can deal with large-scale defendants. Chuck Noteboom and Brian Butcher are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we also employ an on-staff investigator. We know this is a serious time in your life and we will give your case the attention it deserves.

In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.

Common questions related to non-subscriber workplace injury cases

How do I know if my employer is a non-subscriber?

Most employers will inform their employees as to whether or not they are a non-subscriber. If the employer’s status is unclear, however, then an attorney will be able to quickly make this determination.

Can I receive punitive damages for a workplace injury?

Punitive damages are typically only available in cases involving reckless or intentional conduct. While such damages are rare, they may be available in some workplace injury cases. If, for example, an employer intentionally allowed a dangerous condition to persist so that they could save money, then the prioritization of profits over safety could potentially lead to a punitive damages award. Whether such damages are available will always depend on the specifics of the situation.

How long will it take to settle a non-subscriber claim?

Settling and litigating a non-subscriber claim will be similar to any other lawsuit. Plaintiffs should be aware that accepting a fast settlement, just so they can put the matter behind them, can result in a lack of funds for future medical care and lost wages if their recovery does not go as expected. Factors which can impact the time it takes to settle are the extent of the injuries, the extent to which liability is disputed, and more.

Does Texas’ comparative fault statute apply to non-subscriber workplace injuries?

No. Unlike many other areas of personal injury law, a non-subscribing employer may not claim that an employee’s comparative fault should reduce their damages award. In other cases, such as a car accident, if the Plaintiff’s negligence contributed to the accident then their award will be reduced in proportion to their share of the blame. For a workplace injury, however, there is no reduction in any damages award due to negligence by the employee.