Workplace Accident Attorneys in San Antonio

What to Do in Case of an Accident at Work

When you're injured at work, acting quickly and carefully can significantly strengthen your claim for compensation. Following these steps is essential:

1. Report the Injury to Your Employer: Notify your supervisor or employer immediately after the accident, even if the injury seems minor. File an official incident report, ensuring the details are accurate and complete. Keep a copy of the report for your records, as this will be a critical piece of evidence in your case.
2. Seek Medical Attention Promptly: Visit a doctor or emergency room as soon as possible to assess the extent of your injuries. Follow the treatment plan prescribed by your healthcare provider and attend all follow-up appointments. If your employer has a specific list of authorized doctors, ensure you consult one to avoid complications with workers’ compensation claims.
3. Document the Incident Thoroughly: Take photos or videos of the accident scene, your injuries, and any hazardous conditions that contributed to the incident. Gather contact information for any witnesses who saw what happened. Write down your recollection of the event, including the date, time, and circumstances surrounding the accident, while the details are fresh in your memory.
4. Maintain Records of All Expenses and Symptoms: Keep detailed records of your medical bills, prescriptions, travel expenses for medical care, and any other costs related to the injury. Record your symptoms, how they affect your daily life, and any limitations you experience due to the injury. This can help establish the full extent of your damages.

Challenges Injured Workers May Face

Even when you follow all the necessary steps, you may encounter significant obstacles in securing fair compensation. Here are some of the common challenges:

• Denied Workers’ Compensation Claims: Claims can be denied for various reasons, such as missing deadlines, incomplete paperwork, or disputes over whether the injury is work-related. Employers and insurers may argue that the injury occurred outside of work or was pre-existing. Having comprehensive documentation and medical records can help counter these challenges.
• Employer Retaliation: Some workers fear reporting injuries due to potential retaliation, such as being fired, demoted, or harassed. Texas law prohibits employers from retaliating against workers who file legitimate claims, and an attorney can help protect your rights in these situations.
• Disputes Over Injury Severity: Employers or insurers may downplay the severity of your injury to minimize the compensation owed. In some cases, they might argue that you can return to work sooner than your doctor recommends or that your injury is unrelated to the workplace. Independent medical evaluations and detailed medical documentation can be critical in substantiating your claim.
• Navigating Non-Subscriber Claims: Texas allows employers to opt out of workers’ compensation coverage. If your employer is a non-subscriber, you may need to file a direct lawsuit to recover damages, which can be more complex than a traditional workers' compensation claim.
• Proving Third-Party Liability: If a third party, such as a contractor or equipment manufacturer, contributed to your injury, proving their negligence can require substantial evidence and expert testimony.

Tips for Strengthening Your Workplace Injury Claim

To maximize your chances of recovering full compensation, consider the following:

• Keep a Journal: Regularly document how your injury impacts your work, daily activities, and emotional well-being.
• Save Communication Records: Retain copies of all correspondence with your employer, insurer, and healthcare providers.
• Avoid Social Media: Refrain from posting about your injury or activities online, as insurers may use these posts against you.
• Hire an Experienced Workplace Accident Attorney: An attorney can guide you through the legal process, negotiate with insurance companies, and gather the necessary evidence to support your claim.

How Maloney Law Group, P.L.L.C., Can Help You Overcome Challenges

At Maloney Law Group, P.L.L.C., we understand the complexities of workplace injury cases and the hurdles injured workers face. Our experienced attorneys can help by:

• Investigating the incident and gathering evidence to prove liability.
• Handling all communication with employers and insurance companies to protect your rights.
• Advocating for the full compensation you deserve, including medical expenses, lost wages, and pain and suffering.
• Representing you in court if your case goes to trial.

We provide personalized attention and work tirelessly to ensure our clients receive the best possible outcome.

Contact us today at (210) 361-2997 for a free consultation and learn how we can help you navigate the challenges of your workplace injury claim.