What to Do After a Non-Subscriber Work Injury
Recovering compensation after a work injury might look different if your employer doesn’t offer workers’ compensation. Follow these steps to recover from your work injury:
Seek Medical Attention
Your first step in recovery is to seek immediate medical attention. Accidents on oilfields, construction sites, and other workplaces could produce catastrophic, sometimes life-threatening, injuries. However, your injuries don’t have to be catastrophic to require prompt medical care. Your injuries may seem minor shortly after your accident, but they could worsen in the days following. Ignoring injuries could also show the at-fault parties that you don’t need compensation, which could hurt your claim.
Gather Available Evidence
If you can, take photos and videos of the accident scene. For example, if a walkway was blocked by an obstruction that caused you to trip and fall, make sure you photograph that. This evidence will be invaluable to your injury claim. You should also take pictures of bruising or anything that shows the severity of your injuries.
Report Your Injury
You typically have 30 days to report your injury to claim your workers’ comp benefits. This 30-day limit doesn’t apply to non-subscriber claims. However, that doesn’t mean you should wait to report your injury. Your incident report could be used as evidence in your case. It explains how the accident occurred and could indicate who’s at fault.
Don’t Sign a Post-Injury Waiver
Your non-subscribing employer might approach you with a waiver stating that they will offer you benefits and medical treatment. Do not sign this document. Although they may offer to cover your expenses, they’re trying to protect themselves from a lawsuit. Signing this document prevents you from suing them for how your injuries have impacted your life.
File a Personal Injury Lawsuit
You have two years to file your personal injury claim in Texas. This may feel like a lot of time, but you’d be surprised how quickly it could pass when you’re busy recovering from your work injury. Failing to file within this period will disqualify you from recovering compensation from your employer.