Published by J.A. Davis & Associates – San Antonio Personal Injury Lawyers – Workers’ Compensation

Two Significant Challenges Your Non-Subscriber Case Will Face In Court

The Sole Proximate Cause Defense
Under non-subscriber injury law in Texas, this is actually the only defense a non-subscribing employer has, and you can bet they make the most of it. Texas law only allows non-subscribers this single, rather difficult, defense. This limitation of possible legal defenses is another way of punishing non-subscribers for not subscribing to workers’ compensation coverage. In almost every case, non-subscribers use this defense, since it is their only hope. Consequently, you can expect it to be a major focus and issue in your case. Whole legions of high-blood-pressure insurance defense attorneys have built their careers around this defense. While you can anticipate it being a source of conflict in court for you, it is not an automatic airtight defense for your employer. More about our “Workers Compensation Attorney San Antonio” here

In order to win, your employer has to prove you were 100% responsible for your work injury. This requires your employer to prove you caused your accident entirely by yourself, and that no other causes (defective equipment, a slippery floor, or unsafe work procedures) contributed. It is rare that any person is 100% responsible for an incident. For this defense to be upheld, your employer would have to maintain 100% safe premises and equipment and have 100% observed totally adequate safety procedures at the time of your injury. Does this sound reasonable or likely to you? An employer who skimps on workers’ comp insurance expenses is also likely to skimp on safety precautions. For over twenty years, we have been fighting for the rights of non-subscriber work injury victims. Call today to discuss your case and the options available to you.

Regardless of the limitations, sole proximate cause is your employer’s only defense, so they will undoubtedly attempt to use it. Your employer and their insurance company will initiate a full-scale investigation into your work habits and work history. They’ll review your employment records, talk with coworkers, and search for and collect evidence to use to prove you were a sloppy, inconsistent worker who caused your injuries at the time of the accident. They will try to destroy your reputation and make you seem like a careless worker who can’t perform a simple task with bringing disaster down upon your head. And, the seasoned high-end, savvy defense attorneys will try to prove their client has no liability whatsoever, by questioning your competence and ability to do your job. This literally adds insult to your injuries. The employer will talk with witnesses and try to get coworkers to say you make careless mistakes at work. The defense attorneys’ ultimate goal is to prove that on the day of your accident, your behavior was so sloppy and negligent, no one except you is to blame for your injury, Sad, but true, it’s just the nature of the game they play.

At our Law Office, we’ve seen this defense hundreds of times and know exactly what to expect. We’ll prepare your case to withstand these attacks and prepare you for what’s coming. When your employer hires a shrewd, aggressive defense attorney, you need to counter with an experienced non-subscriber work injury attorney who can put the fault back onto the negligent employer, where it belongs. Remember the burden of proof in these cases rests with you, so don’t attempt to shoulder the burden alone. Our non-subscriber work injury attorneys are ready to help you get the compensation you need to move forward with your life after your injury. We will help you navigate through the legal process to get the results you want.

A Solid Insurance Defense and Aggressive Opposing Attorneys

Despite your non-subscribing employer not willing to carry workers’ comp insurance, it’s highly likely the employer carries some form of insurance to help cover losses in the event there is a claim. This means your employer ultimately isn’t the only party with an interest in defending your claim. The insurance company, which would be responsible for paying a portion of your claim, has an inherently strong interest in undermining your claim. With a high-dollar personal injury case, that insurance company will be ready to deploy its team of sophisticated lawyers and slick insurance adjusters onto your case. So don’t expect the relatively friendly adjuster you encountered when you had a fender bender in your neighborhood.

Adjusters assigned to these personal injury cases are highly trained, highly compensated professionals who’ve risen to the top by denying claims and saving their employers money. They know where to find weak points in your case and are savvy in attacking its merits. Your employer and insurance company have an interest in protecting their assets and in you losing the case. And insurance companies are experts in avoiding liability. After all, that is their purpose for existing. They will use their expertise against you because that is what they are well paid for. The employer’s insurance company will have adjusters, investigators, and specialized defense attorneys to find ways to prove you aren’t entitled to recover anything for your injuries.

Your employer’s insurer and defense attorneys have one goal—to save their client as much money as possible by ensuring you receive the least compensation possible. They don’t hate you or are unsympathetic to your injuries. It’s simply their job to save clients money. Therefore, most insurance adjusters and injury defense attorneys use pressuring tactics to make an injured employee believe they don’t have a good case and should merely accept a token settlement much smaller than what is fair. They’ll likely make promises and claim to be on your side, but this isn’t the case.

Don’t rely on opposing parties who have opposing interests to yours. Hire an experienced non-subscriber work injury lawyer to help you preserve the evidence, build your case, counter the opposing counsels’ work character assassination attempts, and guide and protect you through the maze of a personal injury case.

The personal injury attorneys at our Law Office can link your injury back to your employer through your employer’s failure to provide necessary safety equipment, proper training, or other essential precautions. We understand how to prove your employer’s negligence directly caused your injuries when such negligence occurred. We are committed to helping you seek the compensation you require to move on with your life, whether your employer has workers’ compensation insurance or not. We can separate the fact and fiction in your case and get it moving on the right track.