The Livingston Law Firm, P.C.

Gerald W. Livingston, President

The following Newsletter is not intended to constitute legal advice but is offered merely as a guideline for general information and as promotional advertising for THE LIVINGSTON LAW FIRM, P.C. In specific cases involving your rights you should always consult an attorney. THE LIVINGSTON LAW FIRM, P.C., is available to assist you. Remember, there is no fee charged to speak with Gerald W. Livingston, about a potential case. A fee is arranged, usually on a contingency basis, only if the case is accepted for representation.

INJURIES SUSTAINED WHILE AT WORK

Many people injured on the job are surprised and deeply disappointed to learn after they have been injured that their employer is not covered by a policy of insurance under the Texas Workers Compensation Act, but either has no insurance at all or has a substitute medical policy which may provided some benefits usually for a limited period of time. Not being able to obtain medical care or subjected to limited medical care can be extremely frustrating and in some cases hurtful.

Having no insurance under the Texas Workers Compensation Act, is a status among employers known as a “non-subscriber” or as often describe it in the legal business as "running bare." While it may result in immediate cost savings to the employer, it may be devastating to the injured employee often resulting in disastrous consequences and hardship.

Not every person injured on the job of a “non subscriber” employer has a factual basis for a legal claim, but many do. Whether or not a potential claim exists against an employer is a complex matter. It is best to seek the advise of an attorney experienced in these types of cases. Gerald W. Livingston of THE LIVINGSTON LAW FRIM, P.C., offers many years of experience in handling these types of cases for the injured employee.

A “non-subscriber” claim on behalf of an injured worker must be based on the employer’s negligence, but where there is such negligence the employer is directly responsible and if necessary a lawsuit can be brought on behalf of an injured worker, The claim does not need to go through the often lengthy delays associated with the Texas Workers' Compensation Commission. There are fewer limit on damages actually incurred in such cases and unlike workers compensation which is limited, compensation for physical pain and mental or emotional anguish can be sought in a negligence case.

What can be proved on behalf of the employee provides an opportunity to recover it. Often times the results can be many times greater than ever would be the case under the Workers' Compensation Act, especially the new so- called "reform" Workers' Compensation Act, which has been in effect since January 1, 1991.

As a consequence of having no workers compensation coverage, an Employer loses many of its common law defenses, not all, but certainly the most important and most often used ones, such as contributory negligence, assumption of the risk and negligence of a fellow employee.

An employer has certain continuous duties to its employees; such as a duty to furnish a reasonably safe place to work, a duty to warn about hazards of the employment, to supervise activities in the workplace and the duty to furnish reasonably safe tools for use in the employment. If injury is related to the failure of any of these duties, it is possible to seek a recovery for the injured employee based on the damages incurred, past and future, and not a preset indemnity amount provided by the Workers Compensation Act.

There are all sorts of situations which will support a claim for damages against a non-subscriber employer. Often times an injured employee whose employer has no workers compensation insurance is deprived of medical care to cure or relieve from the effefts of an injury or some weekly income which while not able to work, resulting in great hardship and loss. This can be so, even if the employer has a substitute medical and lost wages insurance policy intended to replace traditional workers compensation insurance.

Not every person can be helped who finds himself or herself injured in the course and scope of employment for a “non-subscriber” employer, and simply does not know where to turn for help. THE LIVINGSTON LAW FIRM, P.C., is available to discuss the facts of a case with anyone who thinks he or she may be the victim of the negligence of such a “non-subscribing” employer. 

Remember, there is no charge unless the case is accepted and a recovery is made on behalf of the injured employee in these types of cases.

If you, or someone you know, has suffered an injury while working for a "non-subscriber" employer, or even if the employer has a substitute medical insurance policy, then give THE LIVINGSTON LAW FIRM, P.C., a call to discuss the facts. Who knows, there maybe help available. Even if other attorneys have turned you down. A second opinion may not hurt and it does not cost a thing to discuss it.

Copyright © June 2005

QUOTES OF THE MONTH “Courts do not exist to conserve judicial resources. [They] exist to expend judicial resources, and they should cheerfully do so to protect constitutional rights, such as the right to counsel. If courts cannot do that, then judicial resources are not worth conserving. Jack v. State, 64 SW 3d 694 (Tex. App Houston [1st] 2002, no pet.”

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The Livingston Law Firm, P.C.