Non-subscriber and workers’ compensation cases differ in the way you get compensation for your injuries while at work. If your employer offers workers’ compensation benefits, you can file a claim with their insurance company. If they don’t subscribe to workers’ compensation insurance, you can file a personal injury claim against your employer.
A personal injury attorney could help significantly if your employer is a non-subscriber. First, an attorney could determine whether you are eligible to file a personal injury case. If you are, they could then file a claim on your behalf and present evidence to prove your employer’s negligence caused your injury.
How Workers’ Compensation and Non-Subscriber Cases Differ
Several key factors define how workers’ compensation and non-subscriber cases differ. For example, if you sustain work-related injuries, how you seek compensation will differ based on whether or not your employer offers workers’ compensation benefits.
One similarity between the two is that in either case, the injured party must report the accident. However, in non-subscriber cases, you would only have to report the accident if your employer has over five employees.
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Who Was At-Fault for the Accident?
In a workers’ compensation case, fault doesn’t matter. If you sustain an injury at work, you simply file a workers’ compensation claim and do not need to prove fault.
If your employer is a non-subscriber and you choose to file a personal injury claim, you must prove that their negligence contributed to your injuries. Fortunately, your employer doesn’t have to directly cause your injuries for you to make a case against them.
How Much Compensation Could I Recover?
In a workers’ compensation case, the amount of compensation you could recover could have a lower value than in a non-subscriber case. Workers’ compensation benefits only cover medical bills and some lost income. If your injuries prevent you from working in the same capacity again, for example, you can’t seek compensation for diminished earning capacity.
In a non-subscriber case, you could seek compensation for every loss you incurred because of your injuries. Examples of such damages include:
- Medical expenses: This includes any medical care needed to treat your injuries, such as emergency room services, diagnostic tests, occupational therapy, physical therapy, or ongoing doctor’s visits. You could also include future medical care and rehabilitative services in your damages.
- Lost income: You could seek compensation for the full amount of income you lost for your injuries. In addition, you could seek compensation for future lost income and diminished earning capacity. An attorney could also help you seek compensation for the work benefits you lost.
- Pain and suffering: Your injuries could cause you significant physical pain. Through a personal injury claim, you could seek compensation for having to deal with that.
- Emotional distress: Your injuries or the accident itself could cause severe emotional issues like post-traumatic stress disorder, anxiety, depression, or sleeping issues.
Non-subscriber cases could allow you to seek more compensation for your losses than a standard workers’ compensation case. An attorney can determine exactly which damages you’ve suffered and include them in your case.
How Do I Begin Legal Proceedings for My Work-Related Injury Case?
In a workers’ compensation case, you file a claim against your employer’s insurance company. They review your claim and either approve or deny it. If they approve your claim, you will begin receiving workers’ compensation benefits. If they don’t approve your claim, you could file an appeal. A lawyer can help you with this.
In a non-subscriber case, you can file a personal injury claim against your employer. An attorney can file the claim on your behalf and handle communications with your employer’s legal counsel. They can negotiate with your employer to reach a fair settlement agreement. If your employer doesn’t agree to a fair settlement, your attorney could file a lawsuit against them on your behalf.
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Contact an Lawyer Today for Help With Your Work-Related Injury Case
If you’ve sustained an injury at work and your employer doesn’t offer workers’ compensation benefits, contact Clay Jenkins & Associates today. Our legal team has represented many workers in personal injury cases. We can help to maximize the value of your case by identifying all economic and non-economic damages you’ve suffered. When you get hurt at work because of your employer’s negligence, you deserve compensation.
Contact us online today for a free consultation. A member of our legal team is available 24 hours a day to explain your legal options. We can determine whether you have a viable case and develop a plan for the next steps forward. Let us handle the legal work so you can focus on healing from your injuries.