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How to File a Workers' Compensation Claim

In major Texas cities like San Antonio, working people accomplish amazing tasks. From expansive construction projects, to environmental conservation and landscape development, Texans work hard in a variety of positions that require heavy physical labor.

While some jobs are noticeably more dangerous than others, even office jobs have their own inherent hazards. No matter what the particular task, the American economy runs because so many people are ready and willing to take on these risks for the sake of a job well-done at the end of the day. However, in the event that an accident or injury does occur on the job, the victim(s) of said accident can often be left to wonder who is responsible and how to file a workers' compensation claim.

How to File a Workers' Compensation Claim

In the event of an accident that occurs in one's workplace, the employee in question is often entitled to compensation through workers' compensation insurance. Employers leading the industries in major cities like San Antonio often pay into large workers' compensation, insurance policies to help offset the costs of employees who are injured while on the job.

However, filing a claim can often seem like a confusing, complicated process, so below we’ve included a list of some of the most important steps toward filing your claim:

  1. Inform your employer and create a record of the injury. The first step in filing a claim is to inform your employer of the injury when it occurs. Without filing a formal report, it can often be difficult to prove that the injury occurred while you were at work.
  2. Find out if your employer carries a workers’ compensation insurance plan. Unlike many other states, Texas does not require employers to carry workers’ compensation insurance policies. However, even if your employer doesn’t have a plan, they may still be liable for your injuries and can be directly claimed against for the costs of your injury. If you’re not sure whether or not your employer is insured, you can access the state-operated database .
  3. File the correct forms. After you’ve reported your injury and researched your employer’s insurance status, go online to file a Claim for Compensation for a Work Related Injury or Occupational Disease (DWC Form-041). Be sure to keep in mind that this form must be submitted within one year of when the accident initially occurred.
  4. Talk to an attorney. In the event that an insurer attempts to deny your claim, it may be necessary to hire a licensed San Antonio workers’ compensation lawyer to defend your case in court. In addition, an attorney can help you with any of the above steps, which is often of great help to victims and the success of their cases.
How Workers' Compensation Lawyers Can Help

In San Antonio, when an accident occurs in the workplace, the most important step of understanding how to file a workers' compensation claim is contacting an experienced team of accident and injury attorneys; in particular, those with knowledge of the local workers’ compensation statutes and requirements that apply to the state of Texas and San Antonio.

With the help of the right lawyer, injured workers gain access to wealth of knowledge and expertise, whereby attorneys can protect them from forfeiting their rightful compensation or making ill-advised agreements with a biased insurance company. Carabin Shaw’s accident and injury attorneys provide a wide variety of client services:

  • Filing court paperwork
  • Acting as effective counsel during legal negotiations
  • Collecting evidence following a workplace accident
  • Filing civil and criminal suits in the event that insurers seek to deny coverage

At Carabin Shaw, we pride ourselves on earning a reputation as the premier San Antonio, work injury accident attorney working in the field today. Don't wait until the deadline to file your claim has passed; call the law offices of Carabin Shaw as soon as you can. Our representatives are available any time of day in San Antonio at 210.222.2288 or toll-free at 1.800.862.1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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