What Does Nonsubscriber Mean in Workers’ Compensation Matters?

A nonsubscriber case is usually like any other job injury matter, except workers’ compensation is unavailable or inapplicable for some reason. As conceived in the Grand Bargain, workers’ compensation is a no-fault system that replaces lost wages and pays medical bills. This system, like all other systems, occasionally breaks down.

Whether or not the workers’ compensation system applies, a Carlsbad workers’ compensation lawyer can obtain the compensation job injury victims need to get back to work as quickly as possible. The procedure and amount of compensation available are simply different in nonsubscriber cases. Usually, lawyers don’t know if workers’ compensation applies when they take cases. Therefore, lawyers must be flexible and well-versed in both subscriber and nonsubscriber matters.

No Insurance

California law requires most employers to buy workers’ compensation insurance. This insurance then replaces lost wages and pays medical bills if victims sustain a job-related trauma injury, like a fall, or occupational disease, like hearing loss.

Some companies simply ignore this requirement. California, like most other states, does not aggressively prosecute employer workers’ compensation fraud matters. Punishment is usually light in these cases as well. In many cases, it’s only a fine that barely exceeds the cost savings. Therefore, many companies roll the dice.

If an injury occurs, to avoid attention, they often make under-the-table offers (e.g. we’ll pay your medical bills if you don’t file a claim). Because these companies promise to perform illegal acts, these promises are completely unenforceable in court.

Alternatively, a company might buy a “policy” from a disreputable or under-capitalized company. So, when a worker files a claim, no money is available.

In these situations, an Oceanside personal injury lawyer normally files a civil damage claim. Compensation is available if the employer was negligent (a lack of care). Usually, negligence is easier to prove in these cases because state law prevents employers from using assumption of the risk and a few other “silver bullet” defenses.

Intentional/Reckless Injury

Car insurance companies don’t pay claims if owners intentionally drive their cars off cliffs, and homeowners insurance companies don’t pay claims if people recklessly burn down their houses. Similarly, workers’ compensation companies only pay claims if the job-related illness or injury was unintentional and not reckless.

In this context, intentional means the employer wanted to hurt the employee, probably in retaliation for something else. Reckless means the employer didn’t care if someone got hurt or not. Evidence of recklessness includes a failure to provide proper PPE (personal protective equipment) and/or a failure to properly stress its use.

These victims usually have a choice to make, because in most cases, they can file no-fault workers’ compensation claims or negligence lawsuits. An Oceanside personal injury lawyer can set forth all the pros and cons.

Defective Product

Manufacturers are strictly liable for the injuries their defective products cause, at least in most cases. These manufacturers cannot hide behind workers’ compensation laws and avoid legal responsibility. These cases are very complex, mostly because they’re in federal court.

Sometimes, defective product and negligence claims overlap. For example, an employer might order power saws that don’t have safety guards.

Work With a Hard-Hitting San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.