Limiting Texas nonsubscriber liability in the midst of COVID-19

The coronavirus pandemic has created unprecedented challenges and has affected millions of Americans, including many Texans. The current economic climate created by the COVID-19 pandemic has left many nonsubscribers with valid concerns regarding whether they can expect claims filed by workers alleging they contracted the disease in the course and scope of their employment. As such, COVID-19 has left Texas nonsubscribers vulnerable to increased litigation risk.

Texas nonsubscription considerations: What can employers expect?

Nonsubscriber claims are negligence-based claims and therefore subject to all of the common law components that almost any other negligence-based liability case would feature.

For Texas nonsubscribers, the most probable scenario for a potential liability claim could be alleged negligence for failing to protect an employee from being exposed to the virus. The claims could arise from the employer’s alleged failure to use reasonable care to protect workers and their families.

Negligence claims against Texas nonsubscribers

For an employee to prevail against a nonsubscriber employer in a negligence-based case, she will have to prove the employer was the sole proximate cause for her injury. As it relates to COVID-19, she would have to establish that the employer caused her to contract the virus.