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How to Prove Negligence Against a Non-Subscriber Employer

In one of our latest blogs, we discussed the difference between workers’ compensation and non-subscriber claims in Texas. If you have determined that your employer is, in fact, a non-subscriber, the below information can help you pursue the compensation you need to pay for your work injury-related medical expenses, lost wages, and more.

Proving Four Elements of Negligence Against a Non-Subscriber

Your work injury attorney will develop a personalized legal strategy on your behalf to prove negligence on the part of your non-subscriber employer. The four elements of negligence that must be present for your case to be successful are:

  1. Duty of Care. Your employer owed you a legal duty (for example, to provide a safe workplace).
  2. Breach of Duty. Your employer failed to uphold this duty.
  3. Causation. As a result of this breach, the employer caused you harm.
  4. Damages. Your harm resulted in damages (for example, medical expenses and lost wages).

Common Scenarios of Employer Negligence

Texas law aims to protect the worker from being blamed by their employer for a work injury by eliminating the contributory negligence rule used in almost all other personal injury cases. In fact, for non-subscriber claims, it only has to be found that your employer was just 1% at fault for your work accident and resulting injuries to make them 100% liable for your damages.

Some common ways that non-subscriber employers in Texas are often found to have acted with negligence include:

  • Failing to hire adequate number of staff
  • Failing to provide adequate supervision
  • Failing to provide proper training
  • Failing to provide personal protective equipment (PPE) or safety equipment

Injured at Work? Speak with a Legal Advocate Today

If you have been injured at work due to the negligence of a non-subscriber in Texas, we urge you to contact a San Antonio work injury attorney at our firm right away to ensure your rights to compensation are protected. The team at The Law Offices of George P. Escobedo & Associates, PLLC has the experience, skills, and tenacity you need to achieve the best possible outcome for your case.

Let us advocate on your behalf. Contact our firm at (210) 807-3178 to get started with a free consultation today!

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