Texas Non-Subscriber Employer and Work Injury Defense
We defend nonsubscriber employers in workplace injury and negligence claims, providing comprehensive legal analysis, arbitration experience, and guidance on ERISA-based injury benefit plans and nonsubscriber program design.
Texas Non-Subscriber Employer Representation
We actively defend non-subscriber employers against employee workplace negligence and injury claims. Our services include legal analysis of claims, negotiation, litigation, settlement, advice, claim mediation, trial, arbitration and general defense representation against workplace related claims. We have participated in the arbitration of matters before Judicial Workplace Arbitration (JWA), the American Arbitration Association (AAA) and other arbitration forums. The firm was a sponsored supplier to the Texas Alliance of Nonsubscribers. We are familiar with ERISA plans and their development and implementation. We can assist employers with complex litigation issues, design and implementation of non-subscriber insurance programs and Workplace Injury Benefit Plans.
Workers’ Compensation Defense
The firm has provided representation on behalf of carriers and self-insureds throughout the state before the Texas Department of Insurance Division of Workers’ Compensation in countless numbers of Benefit Review Conferences and Contested Case Hearings. The firm provides representation at all levels of the administrative process including Benefit Review Conferences, Contested Case Hearings and Appeals to the Texas Department of Insurance Division of Workers’ Compensation Appeals Panel in Austin, Texas. The firm is experienced in trying cases before Administrative Law Judges.
Members of the firm have handled hearings in such locations as Fort Worth, Dallas, Denton, Waco, Austin, Abilene, Weslaco, Wichita Falls, Amarillo, Midland/Odessa, Tyler, Mt. Pleasant, Lubbock, San Angelo, Bryan/College Station, Beaumont, Houston, Victoria, Harlingen, Corpus Christi, and San Antonio.
The firm has considerable experience trying workers’ compensation lawsuits. The firm has pursued the subrogation rights of workers’ compensation insurers to enforce their statutory liens. We represent numerous third-party administrators (TPA's), insurance companies, self-insurers, and other business entities in the arena of workers’ compensation defense.
Williams, McClure & Parmelee have for years been tirelessly defending businesses and insurance companies from undue liability after workplace injuries. Our lawyers have earned the respect of the legal community for our extensive and comprehensive knowledge of workplace injury and workers’ compensation defense. We provide workers’ compensation representation on behalf of both large and small businesses. Whether the claim is in its initial stage or has progressed through to the appeals process, our lawyers have the skills to aggressively defend any workers’ compensation claim. Our lawyers have defended a variety of different types of workers’ compensation claims including cumulative trauma injuries, occupational disease claims, carpal tunnel injuries, chemical exposure and the like, as well as a variety of other types of claims up to and including death claims.
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BUSINESS & CORPORATE LAW
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EMPLOYMENT, INSURANCE & WORKPLACE LAW
Texas Worker’s Comp & Work Injury Defense Questions
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The State of Texas allows employers to opt out of the workers’ compensation system
But the law that makes that allowance also includes provisions that try to encourage employers not to make that choice
Those provisions prevent a non-subscriber employer from using a variety of defenses if they are sued by an injured worker
While Texas law prevents non-subscriber employers from using some defenses, it certainly doesn’t ban every possible defense
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Among the common defenses non-subscriber employers employ include:
In all instances, an employee much proof by a preponderance of the evidence that the employer was actually negligentIn all instances, an employee much proof by a preponderance of the evidence that the employer's negligence, if any, was actually a proximate cause of the employee's injuries
In all instances, an employee must present proof by a preponderance of the evidence that the employee's injury, if any, was actually foreseeable to the employer
There may be a signed waiver that releases the employer from responsibility
Intoxication is a frequently available defense to a Texas non-subscriber. Many employees are under the influence of drugs or alcohol at the time of the accident and are therefore legally responsible for their own injuries
Commonly known hazards are frequently involved Often, the hazard that led to an employee's injury was well known to the employee and to other employees. The employer
According to the Texas Supreme Court, employers don’t have liability for an employee’s injuries if the employee was performing the “usual and customary” task that they “constantly and generally” perform as part of their job. This is known as the routine job defense
Sole proximate cause is sometimes a viable defense. This argument requires the employer to demonstrate that the employee’s actions, and only the employee’s actions, were the cause of the accident
Pre-existing injury is a valid defense. An employer may attempt to demonstrate that an employee was injured before the accident and that, therefore, the accident did cause the employee's injuries, and the employer cannot be held liable
Intentional or deliberate harm or injury is also a valid defense The employer can argue that an employee on purpose rather than suffering an accident for which the company would be liable
Horseplay or employees joking around can be a defense for an employer
Some incidents occur outside of the course and scope of employment
Sometimes the injured individual is not even considered an employee of the Employer under Texas law, perhaps rather an independent contractor
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Independent Contractor Agreements
Texas Nonsubscriber’s Notice of No Coverage (DWC Form 005)
Texas Nonsubscriber Employer’s Safety Practices Documents
Indemnity Agreements
Texas Nonsubscriber Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease (DWC Form 007)
Employment Agreements
Management Agreements
Arbitration Agreements
Construction Agreements
Release Agreements
Employee Confidentiality Agreements
Sales Agent Agreements
Agreements with Independent Construction Contractors
Mutual Performance Agreements
Staffing Services Agreements
Texas Nonsubscriber Employer’s Alternative Benefit Plan Documents
Texas Nonsubscriber Employer’s Incident Reports
Temporary Personnel Services Agreements
Subrogation Agreements
Contribution Agreements
Termination Agreements
Mutual Releases
Wage Deduction Agreements
Separation Agreements
Temporary Agreements with Independent Contractor
Consulting Agreements
Executive Employment Contracts
Employee Election and Arbitration Agreements
Insurance Agency Agreements
ERISA Plans
Work Injury Benefit Summary Plan Descriptions
Insurance Agreements
Notice to Employees of No Workers’ Compensation Coverage in Texas
Reinsurance Agreements
Workers’ Injury Insurance Policies
Reservations of Rights Notices
General Contractor Agreements
Third Party Administrator Contracts
Master Subcontract Agreements
Staff Leasing Termination Agreements
Human Relations (HR) Services Agreements
Employment at Will Agreements
Subrogation Assignment Agreements
Safety Consultant Services Agreements
Waiver of Liability Agreements
Employment Benefits Agreements
HIPAA Information Authorizations and Agreements
Professional Services Contracts
Employment Practices Liability Insurance (EPLI) Policies
Employee Policy Handbooks
Inspection Protocol Agreements
Texas Occupational Benefits and Employers Liability Policies
OSHA Agreements
Payroll Services Contracts
Staff Leasing Agreements for Transportation Companies
Exit Interview Forms
Leave of Absence Request Forms
Offer Letters
Performance Appraisal Forms
Insurance Certificates
Change Orders
Safety Reports
Subcontractor Applications
Contract Work Orders
Scope of Work (SOW) Documents
Professional Employer Organization (PEO) Agreements