Workers' Compensation Attorney in San Antonio
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San Antonio Work Injury Attorney
It is your employer’s duty to provide a safe work environment with minimal risks. If you were hurt on the job, you may be entitled to compensation.
However, Texas has some of the country's most complex workers' compensation laws. Unfortunately, getting injured in the workplace somewhere like San Antonio, Texas, could mean having to navigate these complex laws to get your much-deserved compensation.
One example of such laws is that employers in Texas are not required to offer workers' compensation insurance to their employers. So, what happens if you get injured in the workplace? Do you hire a San Antonio work injury attorney or choose to pursue the claim on your own?
In such a scenario, you can definitely benefit by working with a lawyer. At Morgan & Morgan, we know the tricks that employers and insurance companies can use to avoid paying. It is our belief that if your work injury wasn’t your fault, you shouldn’t have to bear the burden of medical bills, lost wages from missed time at work, and other associated expenses. As the country’s largest personal injury law firm, we know what it takes to stand up against even the biggest opponents, and we might be able to help you with your case, too.
Contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about your options.
Who Is a San Antonio Work Injury Attorney?
To begin with, a San Antonio work injury attorney is a type of attorney who handles cases involving workers who have been injured on the job. In other words, they fight for the rights of injured workers.
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What Types of Cases Can a Work Injury Attorney Handle?
This attorney will handle almost every type of case related to workplace injuries. Just as long as the injury occurred in the workplace, they may be able to represent you and advocate for your best interests.
This includes but is not limited to the following:
- Filing a workers' compensation claim on your behalf, ensuring you receive the benefits you are entitled to.
- Filing a retaliation claim to protect your rights if your employer retaliates against you. Here are some examples of employment retaliation cases in the workplace.
- Filing a wrongful death claim if a loved one died due to a workplace injury.
And so much more.
The bottom line is that this attorney can help with injury-related cases. And, even if they cannot handle that specific case, most will likely refer you to someone who can.
When Should I Hire a Work Injury Attorney After Suffering a Workplace Injury?
Here are some common signs you may need a work injury lawyer to help you with your case.
- You suffered serious injuries (and damages) in the workplace
- Your employer denies your workers' compensation claim
- Your injury prevents you from returning to work
- You have been fired or demoted after reporting a workplace injury
- You are facing a legal dispute with your employer
As a general rule, don't wait too long to contact an attorney about your injuries; the sooner you contact them, the better your chances of obtaining a favorable outcome. Keep in mind that workers' comp claims are time-sensitive. In Texas, for example, you have 30 days after the injury (or after finding out about it) to notify your employer. If you fail to honor this deadline, you may not recover benefits.
How Can a San Antonio Work Injury Attorney Help?
By now, you probably have a rough idea of how such an attorney can help. But let's dig a little deeper.
You may still be entitled to workers' compensation benefits if your employer offers such coverage to their workers. However, insurance companies that provide workers' compensation insurance, also commonly referred to as 'carriers,' can challenge your right to receive benefits. For example, they could claim that the injury was not "work-related." This is where a San Antonio work injury attorney can help.
A seasoned attorney will help determine whether workers' comp covers your injury or if you can still file a lawsuit if your employer does not carry such insurance. Also, remember that it might not always be clear whether an injury is work-related. This is especially true if you were engaged in activities outside your regular job duties.
However, just because the injury did not occur at your workplace's primary location, such as an office, does not mean you cannot claim compensation. On the contrary, you may still file such a claim just as long as you were injured while performing a work-related task and, technically, still “on the clock.”
We understand that this might seem a little bit confusing. Hiring an experienced work injury attorney can help clear things up, ensuring you fully understand your rights.
The attorney can also:
- Ensure proper and timely reporting and filing of your work injury claim
- Fight to get your claim accepted by the insurer
- Ensure you receive the best possible medical treatment for your injuries
- Prevent the insurer from taking advantage of you and your claim.
Granted, insurance companies and, sometimes, employers may try to take advantage of your lack of legal representation. You need an attorney to fight back.
How Much Does It Cost to Hire a Work Injury Attorney?
Nothing. Not a single cent. Here's why.
These lawyers usually get paid on a contingency fee basis. That's the legalese way of saying they will receive a small percentage of the compensation or settlement you receive in your case.
If you don't win, or rather, if they do not win the case for you, they don't get paid anything. This system has many benefits, especially for the plaintiff (in this case, you). You can learn more about it here.
What Should I Look for When Selecting a Work Injury Attorney to Represent Me?
Of course, you'll encounter many attorneys and law firms claiming to offer the best legal representation for individuals injured in the workplace in San Antonio and throughout Texas. However, you want to work with specialists when it comes to personal injury cases.
You need individuals with experience handling work injury cases. These cases can be complex, especially in Texas. Just to give you some perspective, because Texas does not require employers to offer workers' compensation to their employees, the claim process for injuries sustained in the workplace is very much different from other states.
For example, if the employer is a non-subscriber, then you'll need to follow the Employee Retirement Income Security Act of 1974 (ERISA) process when filing a claim. For this reason, you want a lawyer who has handled similar cases before and knows how to navigate these complex laws.
Negotiation is a critical part of many work injury cases. When it comes to negotiating a settlement with an insurance company or employer, you need an attorney with strong negotiation skills. How do you know this? Check their track record of winning such cases.
The lawyer should also show some compassion and empathy for injured workers. They should understand the physical, emotional, and financial toll a work injury can take on a person and then provide emotional support and guidance throughout the legal process. Work injury cases often involve complex medical and legal issues. For this reason, you need a detail-oriented attorney who can analyze and interpret complex medical and legal documents.
Also, choose an attorney who's always available to answer your questions (within a reasonable timeframe) and update you about your case.
Finally, opt for a work injury attorney with powerful legal resources to fight for you. From our experience, having powerful legal resources means being able to handle any valid claim and not being afraid to fight in court if the other party refuses to cooperate.
What Types of Compensation Can I Expect to Receive With the Help of a Work Injury Attorney?
The straightforward answer to this question is that it depends. Here's why.
Each case is unique. For instance, some employers can recover medical expenses related to the work injury, such as hospital bills, doctor's fees, prescription medications, and physical therapy.
And if they were unable to work due to the injuries sustained, they could recover compensation for lost wages, specifically both past and future lost wages. Other possible recoverable damages may include rehabilitation expenses, pain and emotional suffering, disability or death benefits, and more.
To fully understand what kind of damages you may be entitled to, you should speak with an experienced lawyer.
What Are My Rights as an Employee When It Comes to Filing a Work Injury Claim?
As an employee in San Antonio, TX, who has suffered a work injury, you have the right to:
- Receive medical care for as long as needed, as long as it is related to the workplace injury
- Receive medical and income benefits regardless of fault, with exceptions
- Hire an attorney for workers' compensation claim assistance
- Receive help from the OIEC if you do not have an attorney
- Keep your workers' compensation claim information confidential
- Receive income benefits for your work-related injury
- Resolve disputes regarding income and medical benefits
- Choose your own treating doctor.
If your employer does anything that violates any of these rights, you may be able to hold them accountable for their actions. For example, if they retaliate against you for hiring an attorney, you may be able to sue them and obtain more compensation.
Can I Still File a Work Injury Claim if My Employer Doesn't Carry Workers' Compensation Insurance?
Although employers in the Lone Star State are not required by law to carry workers' compensation insurance, you may still be able to file a work injury claim against them.
You could file a personal injury lawsuit against your employer to recover damages for your work-related injury. However, there is a catch.
To qualify for a lawsuit, you must prove that your employer was negligent and that their negligence caused your injury. This burden of proof can be difficult to carry without the help of an experienced work injury attorney.
Just to show you how different this process is, in states that require employers to have workers' compensation insurance, you do not need to prove negligence when you file a claim. This type of insurance would cover you just as long as you were injured in the workplace and were not reckless.
How Can I Increase My Chances of a Successful Outcome in My Work Injury Case With the Help of an Attorney?
That's possible. To do so, here are some steps to follow:
Reporting your injury to your employer as soon as possible after the accident is critical for documentation purposes. You won't be eligible for workers' compensation benefits if you skip this step.
Seek medical attention immediately after the injury. This step is not only important for your health and recovery but is also necessary to document your injuries and link them to your work-related accident. Remember, as discussed earlier, to be eligible for compensation, there has to be a connection between your injuries and your workplace.
Follow your doctor's instructions and do not miss any appointments, even if it's just a follow-up. This proves that you're taking your recovery seriously.
Keep detailed records of your expenses related to your injury. This will help support your claim for compensation. It also gives your attorney an idea of what to claim.
Be patient and trust your lawyer. Patience is one of the key virtues you'll learn from a work injury case. These cases usually take time to resolve. Sometimes, an attorney may delay the claim process intentionally to ensure you receive total compensation for your injuries.
Take, for example, an injury that requires surgery. The insurance carrier will likely want to settle such a claim quickly to avoid additional medical expenses that could arise later. You might think that the insurance company is willing to cooperate when they process your claim faster than usual. Unfortunately, that's not always the case.
An experienced attorney understands these tactics and can help you make informed decisions. Remember, you can always count on them to represent your best interests because they don't get paid unless you do.
Talk to a San Antonio Work Injury Attorney Today
Work injury claims are not the easiest to handle. They involve complex paperwork, tight-fisted insurance companies, dishonest adjusters, crucial deadlines, and many other challenges. No matter how strong you are, this can be a lot to handle.
At Morgan & Morgan, we have fought for the rights of over 300,000 clients and recovered over $15 billion in compensation since 1988. We know how to play our cards right to our client's advantage. If you or a loved one has been injured in the workplace in San Antonio, the employer-friendly laws of Texas shouldn't stop you from fighting for what's rightfully yours.
Contact us today for a free, no-obligation case evaluation and learn how a San Antonio work injury attorney can help.