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If an employer opts out of Workers’ Compensation Insurance, known as non-subscribers, injured employees have the right to sue in court for damages resulting from their injuries. Many employers carry liability insurance to cover medical bills and lost wages for injured employees, but this is not true workers’ compensation insurance. In these cases, employees also have the right to recover not only present medical expenses and lost wages, but also future medical care and expenses, future lost wage earning capacity, past and future impairment, past and future pain and suffering, past and future mental anguish, and disfigurement. Many employers prefer to save money and not compensate their injured employees for “all” damages to which they are legally entitled. In order to collect damages for their on-the-job injuries, injured employees must bring a claim in court and must prove that something the employer did, or a co-employee did, was negligent and caused their injury — even if the negligence was very minimal. See Tex. Labor Code 406.033. If injured employees can prove this kind of fault, they are entitled to receive full damages. Either way, whether or not your employer “subscribes” to the Texas Workers’ Compensation System or not, you should talk to an attorney from the Espinoza Law Firm to assist you in navigating the complicated Workers’ Compensation System or filing a claim in court directly against your employer to ensure that you receive all of the benefits and/or damages you are entitled to.