Exceptions to the Right to Sue

In order to protect themselves, certain companies will put policies in place that prohibit employees from filing lawsuits for a variety of reasons. While it is true that some employees might try to take advantage of a loophole in their company policies for financial gain, the lawyers at Carabin & Shaw believe that far more often than not these policies are harmful to the employees and their rights as workers and citizens. Whether the company's actions were intended to harm communities in San Antonio or not, you deserve fair compensation for any injuries sustained at your place of work, and our San Antonio work accident attorney is ready to make sure that is what happens.

Fortunately, there are a few exceptions to the rules and policies that prohibit the right of an employee to file a lawsuit in the event of negligence. In the more common instance of exceptions to the right to sue, all three of the following criteria must be met:

  • The employee has to have died as a result of their injuries
  • The employee must have financial dependents
  • The employer must be shown to have committed gross negligence

The first of these exception criteria also opens the company to the possibility of a wrongful death suit. The legal definition of financial dependents can be broadened to include anyone who may have been impacted, now or in the future, by this unfortunate death. Our lawyers have decades of experience arguing gross negligence in San Antonio cases where exceptions to the right to sue are a major factor.

Another set of exceptions to the right to sue come into play when the employer fails to subscribe to workers' compensation insurance in the first place, or fails to keep an existing policy current. These exceptions fall under two sets of San Antonio law related to work injuries:

The first exception applies to cases where the employer has chosen to participate in and purchase workers' compensation insurance, but fails to file an incident in a timely fashion or neglects to sign a new employee up for the provisions of the plan properly. In these cases, our attorneys are typically going to focus on where the company failed to appropriately carry out their end of the insurance plan's stipulations. The second exception involves companies who do not participate in workers' compensation insurance, leaving themselves open to lawsuits through insurance-related negligence. Without a lawyer who knows the San Antonio legal landscape inside and out, most injured employees are not even aware of their right to sue in a situation like this.

A huge benefit of putting Carabin & Shaw on your side is the fact that you will have an experienced workers' compensation lawyer to walk you through to legal process one step at a time, making sure you understand our overall strategy and each move we will make. If necessary, we will also accompany you to any hearings and represent you in front of the Texas Department of Insurance Division of Workers' Compensation. Our attorneys know how to level the field and make this a fair fight. Workers' comp insurance companies need to know that you will not be easily taken advantage of and that you understand the exceptions to the right to sue that apply when you show up at the hearings and file the appropriate paperwork. In other words, we are committed to making sure they understand you mean business.

If you or a loved one has suffered an injury, call our office at 830-261-4614 or toll free at 1-800-862-1260.

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