Question 1

Does Texas require employers in Seguin to carry workers' compensation insurance?

Accepted Answer

No. Texas is the only state in the United States that does not require private employers to carry workers' compensation insurance. Employers who choose not to carry workers' comp are called 'non-subscribers.' In Seguin and throughout Guadalupe County, a significant number of employers - particularly in construction, manufacturing, and agriculture - are non-subscribers. To find out if your Seguin employer is a non-subscriber, you can check the Texas Department of Insurance Division of Workers' Compensation (TDI-DWC) database at tdi.texas.gov, or call Carabin Shaw at 830-303-2288. Your legal rights are significantly different depending on whether your employer subscribes or not.

Question 2

What are my rights if I am injured at work in Seguin and my employer is a non-subscriber?

Accepted Answer

If your Seguin employer is a workers' compensation non-subscriber and you are injured on the job, your rights are significantly stronger than in a standard workers' comp situation: (1) You can file a personal injury lawsuit directly against your employer. (2) You can recover full damages including pain and suffering and mental anguish - which workers' comp does not cover. (3) Your employer loses three key defenses that subscribing employers retain: contributory negligence (they cannot argue you were partially at fault), the fellow servant rule (they cannot blame a coworker), and assumption of risk (they cannot argue you knew the job was dangerous). Non-subscriber cases often result in significantly higher recoveries than workers' comp claims. Call Carabin Shaw at 830-303-2288.

Question 3

Can my Seguin employer fire me for filing a workers' compensation claim?

Accepted Answer

No. Texas Labor Code Section 451.001 prohibits employers from discharging, discriminating against, or retaliating against an employee who files a workers' compensation claim in good faith. However, Texas is an at-will employment state, which means employers can terminate employees for many other reasons - and they sometimes use this as cover for retaliatory terminations. If you believe you were fired in retaliation for filing a workers' comp claim in Seguin, you must act quickly - the statute of limitations for a retaliation claim is two years. Carabin Shaw handles workers' compensation retaliation cases throughout Guadalupe County. Call 830-303-2288.

Question 4

What are the most common workplace injuries in Seguin, Texas?

Accepted Answer

Seguin's economy includes manufacturing (including major automotive suppliers), construction, agriculture, and retail - all industries with elevated workplace injury rates. The most common workplace injuries in Seguin include: (1) Manufacturing and assembly line accidents - machinery entanglement, repetitive stress injuries, and equipment failures. (2) Construction accidents - falls from heights, scaffolding collapses, and struck-by accidents. (3) Agricultural accidents - equipment injuries and chemical exposure. (4) Slip and fall accidents on industrial and commercial floors. (5) Vehicle accidents during the course of employment - delivery drivers, field workers, and sales representatives. (6) Forklift and warehouse accidents. Carabin Shaw has handled all of these workplace injury case types in Seguin since 1992. Call 830-303-2288.

Question 5

Can I file both a workers' compensation claim and a personal injury lawsuit after a Seguin workplace accident?

Accepted Answer

Yes, in many cases. If a third party - someone other than your employer - was responsible for your workplace accident, you can file a workers' compensation claim with your employer's insurer AND a separate personal injury lawsuit against the third party. Common examples in Seguin include: a defective piece of equipment manufactured by a third party (product liability); a subcontractor's negligence on a construction site; a delivery driver or other motorist who caused a vehicle accident while you were working; or a property owner whose dangerous premises caused your injury. The third-party lawsuit allows you to recover full damages including pain and suffering - which workers' compensation does not cover. Carabin Shaw investigates all potential third-party claims in every Seguin workplace injury case. Call 830-303-2288.

Seguin Workers' Compensation