San Antonio Workplace Injury Claims | What Texas Employees Need to Know After an Accident

San Antonio’s diverse economy includes some high-risk industries, such as shipping, construction, and manufacturing. Texas workers in these industries often face hazards that can lead to serious accidents and severe injuries. According to the Occupational Safety and Health Administration (OSHA), the large majority of workplace accidents are caused by human error and could have been prevented.

Workplace accidents disrupt productivity but can also cause life-changing injuries to employees. If you are the victim of an accident on the job, you may suddenly find yourself facing significant medical bills while you are out of work and missing regular paychecks. Accidents can be painful and stressful, but the San Antonio work accident lawyers at Carabin Shaw can help.

If you are injured at work, you have options. The experienced attorneys at Carabin Shaw will help you navigate those options to maximize compensation for your injuries and related losses. We offer free consultations in English or Spanish. Call us 24/7 at 1-800-862-1260 to get the expert legal guidance you need.

Employees who are injured on the job have rights. Taking these steps after your accident will help to protect those rights:

• Seek medical attention immediately
• Document the accident scene and your injuries
• Report the accident to your employer
• Determine your employer’s workers’ compensation status
• Contact a San Antonio workplace injury attorney

Your next steps will depend on whether your employer is covered under the Texas Workers’ Compensation Act (a subscriber) or has opted out of workers’ compensation (a non-subscriber).

Unlike other states, Texas does not require companies to carry workers’ compensation. If your employer is a subscriber, you may file a claim with the Texas Division of Workers’ Compensation. Your attorney can help you with your claim to ensure you receive all the coverage you are entitled to.

Workers’ compensation benefits include:

• Medical expenses
• A portion of lost wages
• Impairment income benefits
• Supplemental income benefits
• Lifetime income benefits

Workers’ compensation is helpful, but it’s not always sufficient for employees who suffer severe or catastrophic injuries. Unfortunately, if your company is a subscriber, you may not file an additional personal injury lawsuit against your employer seeking additional compensation.

If your employer is a non-subscriber, you and your lawyer may be able to file a lawsuit against your company to hold them liable for your accident and injuries. However, you must show that the employer’s negligence led directly to the accident. Negligence in this situation is an employer’s failure to fulfill its duty of care to keep employees safe. Examples of negligence might include failing to follow OSHA regulations or failing to provide adequate training to workers.

A personal injury lawsuit allows you to collect additional damages beyond what is allowed through workers’ compensation, including:

• Additional lost income and earning potential
• Pain and suffering
• Mental and emotional anguish
• Loss of enjoyment of life
• Disability or disfigurement

Although Texas prohibits injured employees from filing lawsuits against subscribing employers, workers can also hold parties outside their employer liable if another party contributed to the accident. These third parties might include:

• Subcontractors
• Equipment manufacturers
• Drivers on the worksite
• Property owners

Your Texas workplace injury lawyer can file a third-party lawsuit simultaneously with a workers’ compensation claim under Texas law. This approach allows you to maximize your damages and ensure you receive sufficient compensation for all your current and future losses.

An injury at work can significantly impact you and your family’s life. Let the experienced lawyers at Carabin Shaw help you pursue the compensation you deserve. We offer our services on a contingency-fee basis, so you pay nothing until we win your case. Our law firm’s client reviews attest to our commitment to accident victims like you. Call us toll-free today at 1-800-862-1260.

For more information:

• OSHA
• Texas Department of Insurance
• Third Party Liability