We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
Non-Subscriber Claims vs. Workers’ Comp
Many states require employers to offer workers’ compensation benefits. These benefits help cover a worker’s lost wages and medical expenses related to an on-the-job injury. Workers’ comp would cover burial expenses and provide death benefits for the decedent’s dependents if a worker suffered a fatal injury.
Although this compensation is mainly for the injured employee’s benefit, it also protects the employer from personal injury lawsuits.
But Texas doesn’t require employers to purchase workers’ compensation insurance. These companies are called non-subscribers, allowing victims to recover far more than workers’ comp allows. The main difference is that you must establish fault to win your claim.
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$20 MILLION Oil and gas case involving significant economic harm
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$13.5 MILLIONJury VerdictPatient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLIONJury VerdictMarine veteran suffers catastrophic harm after a dangerous fall
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$6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Do You Work for a Non-Subscriber?
Since Texas doesn’t require employers to subscribe to workers’ comp, you could be working for one of the many non-subscriber companies in the state. Some well-known Texas non-subscribers include:
- ExxonMobil
- Shell
- Walmart
- Target
- Amazon
- BP America
- United Airlines
- Hewlett Packard
This is by no means an exhaustive list of non-subscriber companies. If you’re wondering if you work for a non-subscriber, the Texas Department of Insurance provides a list of known non-subscribers. Your employee contract should also disclose your employer’s insurance status.
Can You Lose Your Job if You Sue Your Employer?
You might feel that suing your employer could make you vulnerable to retaliation. But you have every right to recover compensation if your employer’s negligence caused your injuries, and you shouldn’t have to worry about losing your job if you do so.
Texas law protects you from retaliation attempts from your employer after you sue them. This includes denying you a promotion, increased surveillance, unjustified negative evaluations, and termination.
What to Do After a Non-Subscriber Work Injury
Follow these steps to recover from your work injury:
Recovering compensation after a work injury might look different if your employer doesn’t offer workers’ compensation.
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Seek Medical AttentionYour 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.
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Gather Available EvidenceIf 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.
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Report Your InjuryYou 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.
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Don’t Sign a Post-Injury WaiverYour 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.
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File a Personal Injury LawsuitYou 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.
Injured While Working for a Non-Subscriber? Call Us Today
Whether your injuries are minor or significant, you could recover compensation from your employer if they’re found to be negligent. The work injury lawyers at Kemmy Law Firm will personally investigate your case to determine fault and hold all liable parties accountable.
Contact us today and schedule your free consultation by calling (830) 264-6297.
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"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
- Colleen B. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P.
