If you are injured on the job, there are two types of claims: A "subscriber" claim and a "nonsubscriber" claim.
An employer is a "subscriber" if they participate in the Texas Workers Compensation Act. That means that they chose to carry worker compensation insurance or otherwise provide benefits in compliance with the Act. If the employer is a subscriber, then the injured employee is entitled to benefits for injuries received while working in the course of employment. The employee does not have to prove that the employer was at fault in causing the injury.
Then there are employers who are "nonsubscribers." This means that the employer chooses not to carry worker compensation insurance or otherwise chooses not to provide benefits in compliance with the Act. Work injuries in these types of cases are handled just like all other personal injury cases. That is, the injured employee must show, not only that she was injured on the job, but that the employer was negligent or otherwise responsible for causing the injury. If the employee can prove negligence, then the employee would be entitled to recover any all damages recoverable for a personal injury case. This would include medical bills, lost wages, pain and suffering, mental anguish, impairment, etc. Additionally, the employer loses their defense of contributory negligence. That means that the employer cannot reduce their liability by showing that the employee was partially at-fault in causing the accident.
Answered on Aug 31st, 2015 at 10:54 AM