What is the difference between a workers’ compensation claim and a non-compensation claim?
Texas is one of the few states where you don’t have to carry workers’ compensation insurance. There are employers in Texas that don’t have workers’ compensation insurance. it gets confusing because the employer may carry insurance and they may tell their employees that it’s workers’ compensation insurance but it’s what we call an occupational benefit fund. It’s a form of the insurance but it doesn’t have the same protections that workers’ comp has and it’s not regulated by the state of Texas. In those situations, an employer can very well retaliate against an employee. The employer can do anything basically what they want to you. They just can’t fire you for certain federal and protected things such as race discrimination, sex discrimination, those kinds of things but they can go and retaliate against someone if it is a non-Texas workers’ compensation fund. If it’s one of these occupational benefit plan type of situations. That’s why it’s important to talk to a lawyer so the lawyer can look at things and see just what kind of a case is this.