Odessa Plant and Refinery Explosion Attorneys

In the state of Texas, most private employers are not required to carry workers' compensation insurance. This unique aspect of Texas law allows employers the choice to opt out of the state's workers' compensation program, categorizing them as "non-subscribers." However, this decision comes with certain risks and responsibilities. Non-subscribing employers typically face increased liability exposure if an employee is injured on the job. Without workers' compensation insurance, employees retain the right to sue their employer for negligence.

Put simply, if you are hurt in a plant or refinery accident and your employer doesn’t have workers’ compensation insurance, you have the right to file a lawsuit against your employer if their negligence caused an accident. If they do have workers’ compensation insurance, you have a right to those benefits, but you cannot usually sue your employer, even if they were negligent.

To confirm whether you are covered by workers' compensation insurance in Texas, you should start by directly inquiring with your employer. Employers are required to inform their employees if they provide workers' compensation coverage. They should also visibly display notices about coverage status in the workplace. If your employer is a non-subscriber, meaning they have opted out of the state's workers' compensation system, they are obligated by law to provide written notice of this to you at the time you are hired.

If there’s any doubt, we can contact the Texas Department of Insurance, Division of Workers’ Compensation (DWC) for verification. The DWC maintains records of employers who carry workers' compensation insurance, and they can assist in confirming your coverage status.

When injured at work in Texas, whether you need to prove negligence to recover damages largely depends on whether your employer has workers' compensation insurance. If your employer participates in the state's workers' compensation program, you typically do not need to prove negligence to receive benefits. Workers' compensation operates on a no-fault basis, meaning employees are entitled to receive certain benefits for injuries sustained on the job regardless of who was at fault. These benefits typically cover medical expenses and a portion of lost wages, but they do not cover pain and suffering or other non-economic damages.

If your employer is a non-subscriber and does not have workers' compensation insurance, you must prove negligence to recover damages through a lawsuit. You must be able to demonstrate that your employer's negligence (or another third party’s negligence) directly contributed to your injuries. If you are suing your employer, this may involve showing that the employer failed to provide a safe working environment, did not follow safety protocols, or neglected other duties that led to the incident.

Because of the employer's increased liability exposure as a non-subscriber, successful claims can potentially result in larger compensation packages, including non-economic damages like pain and suffering. However, proving negligence can be complex and often requires effective legal representation.

The compensation you can receive varies on a case-by-case basis. Plant and refinery accidents are especially devastating, and the injuries you experienced might require ongoing care, resulting in significant medical bills, an inability to work, and other expenses. You will likely deal with non-economic damages, too, including pain and suffering.

If you are covered by workers’ compensation insurance, your benefits should cover your medical expenses and some of your lost wages. If you have to file a lawsuit, you can pursue both economic and non-economic damages. In either scenario, the more damages you have incurred from your accident, the more compensation you might receive, either through workers’ compensation benefits or a settlement or court award.