Holding Employers Accountable for Work Injuries in Texas
When you are injured on the job, Texas workers' compensation is supposed to take care of you. Unfortunately, this does not always work out the way you would expect. The money and medical coverage you get through the workers’ compensation program may not cover all your bills. Plus, many employers fail to subscribe to the state workers' compensation plan, so you may have no coverage at all.
If you were injured or your loved one was killed due to a work-related accident, you may have the right to file a lawsuit for compensation. You may even be entitled to additional compensation on top of your workers' compensation benefits. You need the help of a work injury attorney in San Antonio who understands workplace accidents and how to get the maximum amount for your injuries—you need Maloney Law Group, P.L.L.C.
Call our office today at (210) 361-2997or contact us onlineto learn more about your legal rights and options. Our San Antonio workplace accident lawyer offers free consultations and does not collect any fees unless we win your case.
Examples of Common Workplace Accidents
At our firm, we know the law and how to apply it correctly to these situations. Work injury cases can be very complicated, as proving liability can take a lot of time and investigation. Our team has the experience, knowledge, and resources to see these cases through to the end—including bringing them before a judge and jury.
This is not a complete list; if you or someone you love was injured at work or while carrying out work-related duties, reach out to our team today. If you are not covered by workers’ compensation, we can help you determine if you have grounds to bring a non-subscriber claim against your employer.
Suing an Employer Over a Work Injury
Companies that pay into the workers' compensation plan are generally exempt from lawsuits by employees who have been injured on the job.
However, you may be eligible to file a work injury lawsuit if:
Your employer does not carry workers' compensation coverage
Your injury was caused by a third party
The employer was guilty of gross neglect in the case of a fatality
Often, work-related injury cases are brought against employers that are not covered by workers’ compensation. However, it may be possible to bring a personal injury lawsuit against another third party—such as a product manufacturer, negligent coworker, or distracted motorist—in addition to filing a workers’ compensation claim. Keep in mind that workers’ compensation does not provide any benefits for non-economic damages, like pain and suffering. Additionally, while workers’ compensation should cover your full medical costs, it does not cover all of your lost wages.
Compensation in Third-Party Work Injury Claims
If you are entitled to file a third-party work injury claim, you can seek compensation for both economic and non-economic damages. In this way, these cases are almost identical to standard personal injury claims.
Depending on the specific details of your case, you may be entitled to receive compensation for the following damages in your workplace accident claim:
All medical expenses related to your injuries
Reasonable future medical care costs
Lost income, wages, and other employment benefits
Lost future earnings due to decreased or lost earning capacity
Pain and suffering, including emotional distress
Temporary and/or permanent disability
In the event someone acted with wanton and willful negligence, you may also be able to recover punitive damages. These are meant to punish the at-fault person or party and help ensure that similar acts of egregious negligence do not occur again in the future.
How Maloney Law Group, P.L.L.C. Can Help
Pursuing a workplace accident claim against an employer or negligent third party is not easy. However, our lawyers can evaluate your situation and let you know whether you have a legitimate claim. If you do, we will pursue every avenue of compensation vigorously so you get the money you need to cover your medical bills, lost wages, and any other costs associated with your workplace accident.
We provide free, no-obligation consultations and contingency fees. This means that you do not owe anything upfront or out-of-pocket; instead, our attorneys only collect fees if and when they recover compensation for you.
When you're injured at work, acting quickly and carefully can significantly strengthen your claim for compensation. Following these steps is essential:
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 claim.
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.
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.
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.
Local Regulations & Safety Measures in San Antonio
San Antonio's workplace safety regulations are designed to ensure that all employees operate in a secure environment. Texas is unique as it does not mandate employers to subscribe to the state's workers' compensation program, making awareness of local safety regulations even more crucial. Employers are encouraged to establish comprehensive safety training programs and maintain an environment compliant with the Occupational Safety and Health Administration (OSHA) standards. Industries such as oil and construction are particularly emphasized due to their high-risk nature. In court, demonstrating that an employer adhered to local regulations and safety measures could impact the outcome of a work injury claim positively or negatively, depending on compliance.
Furthermore:
OSHA Compliance: Regular inspections and adherence to OSHA guidelines can help prevent workplace accidents.
Safety protocols: Implementation of thorough safety protocols, regular training, and updates can significantly reduce workplace incidents.
Accident reporting: Standard procedures for reporting incidents ensure accountability and prompt responses to injuries.
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.
Frequently Asked Questions About Workplace Injuries
How Does Workers' Compensation Work in Texas for Injured Employees?
In Texas, workers' compensation is a form of insurance coverage designed to provide injured workers with financial support for medical expenses and lost wages. Not all employers in Texas carry workers' compensation insurance, as participation is not mandatory. For those that do, the program typically covers medical expenses related to the injury, partial income replacement during recovery, and rehabilitation costs. However, it does not usually cover non-economic damages like pain and suffering. If your employer does not have workers' compensation, they are considered a non-subscriber, and you may have to file a direct lawsuit to recover damages. Consulting with a knowledgeable workplace injury attorney could help you navigate these options and determine the best course of action based on your specific circumstances.
Can I Sue My Employer After a Workplace Injury in San Antonio?
Filing a lawsuit against your employer after a workplace injury in San Antonio largely depends on whether your employer subscribes to workers' compensation insurance. If your employer has coverage, you typically cannot sue them for negligence, as the compensation provides set benefits in exchange for waiving the right to sue. However, if your employer is a non-subscriber or if your injury was caused by gross negligence, you may pursue court action to recover additional damages. The process can be complex, requiring thorough documentation and sometimes the testimony of expert witnesses. Seeking legal counsel can provide clarity and assist you navigationally through these challenging legal waters.
What Are Common Defenses Used By Employers Against Work Injury Claims?
Employers may use several defenses to contest work injury claims. These often include challenging the severity or veracity of the injuries, blaming worker negligence as the cause, or asserting that the injury was not work-related. Employers may also argue that proper safety measures were in place and that the employee failed to adhere to specific protocols. Another common defense is claiming that the injured worker is fit to return to work sooner than advised by their physician. Navigating these defenses requires a strategic approach, often involving extensive evidence and potentially the experience of healthcare professionals to support the authenticity and severity of the injury claims.
How Our San Antonio Workplace Accident Lawyer Can Help You
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 our San Antonio work injury lawyer can help you navigate the challenges of your claim.
