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Liable Non-Subscribers to Workers’ Comp Run a Dangerous Risk of Being Sued for Damages
As we have already told you, both workers comp and private insurance policies that cover non-subscribing contractors, are particularly expensive due to the intrinsic danger of the construction and crane industries themselves. So it comes as no surprise that many employers choose not to purchase any form of insurance. So after a crane accident, if you are to receive the full compensation you deserve from non-subscribing employers, you certainly need the assistance of a skilled Texas accident lawyer to file a lawsuit and see it through in order to receive your just damage claims. More Information here
In order to further punish non-subscribing employers, Texas workers comp laws remove the damage cap that would be in place if the employer had purchased workers comp insurance. The crane accident victim must merely prove standard negligence, even if the employer only committed a momentary lapse in safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty crane-related accident lawyer to assist you through every complexity of this challenging legal process.
It begins when, you, the victim (plaintiff) files a claim with the employer, notifying him or her of the injury and the amount of restitution you expect. The employer can agree, which doesn’t happen that often or try to negotiate a settlement if your evidence of negligence is overwhelming. Usually, the employer (and the underwriting insurance company) will dispute your allegations out-of-hand. But if negotiations are successful then your case is settled and compensation is attained. But most-often, work-related injury cases are contested and you must file a lawsuit to win the legal damages you deserve. In civil law, you plaintiff holds the burden of proving that the employer’s negligence caused the injury, resulting in those high medical bills, lost salary, pain, and suffering. Fortunately for injured victims, proving simple negligence is much easier than gross negligence. And most of the time in a non-subscriber claim, that’s all you need.
Non-Subscribers and Third-Party Defendants Use One Particular Defense to Evade Liability
The only true defense afforded non-subscribers after an employee suffers an injury is to rely on the sole proximate cause. This means that the victim was totally to blame for his or her own injuries. In order to invoke the sole proximate cause defense, those you sue will literally try to soil your reputation by proving you were negligent or reckless and caused your own injuries. They try to hold you alone responsible for them.
While your employer may have been too cheap to buy worker’s comp coverage, you can be certain that he or she will think nothing of paying tens of thousands of dollars for an experienced and shrewd attorney who knows how to make victims appear negligent for their own injuries, especially in a crane accident case. So not only are you saddled with the “burden of proof”, but you also must bear the burden of “DISproving” all these countercharges that only serve to cloud the issue of liability. Here’s where your own cunning attorney to place fault back where it belongs, the negligent employer becomes a powerful weapon in your fight for fair damage compensation.
An experienced construction accident attorney with our Law Firm will help you deal with your challenging injury case anywhere in Texas. We have spent over 30 years accumulating the expertise and skill you desperately need required to help win the compensation you deserve. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.