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What to Do After a Work Injury in Cibolo TX & When to File a Employer Negligence Lawsuit
Despite workplace safety efforts, many employees in Cibolo, Texas, suffer injuries each year. In 2023, 175,900 Texas employees received nonfatal injuries, and 564 died because of on-the-job accidents. When these injuries occur, knowing your legal rights can help you get full compensation for your damages.
Injured workers may not know that hiring a local lawyer can help them maximize their compensation in a workers’ compensation claim. It can also help you hold employers accountable for negligence. The top Texas lawyers at Carabin Shaw will help you explore each of your legal options, so you can make decisions that best represent your interests. Read on to learn more about workplace accidents and contact our law firm today to book your free case evaluation.
The First Steps to Take After a Cibolo Work InjuryKnowing what to do after a work injury is essential to protect your right to workers’ compensation benefits in Cibolo, Texas. The first step in any injury is preserving safety, which means getting out of harm's way and seeking medical care as soon as possible. Make sure to let your doctor know that they are treating an injured worker in Cibolo TX, so they will bill workers’ compensation insurance if possible.
Reporting your accident is important whether you are filing a workers’ compensation claim, personal injury claim, or both. You must tell your employer about your injury or illness within 30 days of its occurrence, and you must notify workers’ compensation within 1 year of the injury. Hiring a lawyer ensures you meet Texas insurance deadlines and the statute of limitations for a lawsuit.
You can file both a workers’ compensation claim and a personal injury lawsuit at the same time. This is advantageous because lawsuits allow you to collect more comprehensive damages. However, workers’ compensation insurance has the right to recover paid benefits from your settlement. Your attorney can help you decide if an additional lawsuit makes sense.
An Overview of Workers’ Compensation InsuranceThe state of Texas does not require all employers to provide workers’ compensation insurance. However, most employers do offer it because of the protection it gives them from litigation after a workplace accident. In most cases, your lawyer cannot file a lawsuit against your employer if they carry workers’ compensation insurance.
If you are only eligible for workers’ compensation benefits, then you will receive money related to your financial losses caused by the accident. Your attorney can help you dispute insufficient benefits. This includes:
- Medical bills
- Loss of income
- Death and burial expenses
Worker’s compensation claims do not cover noneconomic damages, such as pain and suffering and mental anguish. Your work injury attorney in Cibolo TX can include these in a personal injury claim.
When to Sue for Employer NegligenceSince workers’ compensation subscribers are generally immune from liability lawsuits, an employer negligence lawsuit in Texas typically occurs when employers don’t carry the insurance. In these cases, employees can sue their boss for negligence but cannot receive compensation for illnesses or injuries that do not meet the requirements for negligence.
In fatal cases of gross negligence, the Texas Workers’ Compensation Act lifts the exclusive remedy clause and allows you to sue an employer. If your employer’s actions were especially reckless, you can hire a work accident attorney and sue for economic and noneconomic damages. In addition, the court may award exemplary damages to punish the employer.
Don't Settle for Less: Filing a Successful Lawsuit Against Your Texas Boss with the Help of the Top Texas Attorneys at Carabin Shaw!Not all employer negligence cases result in successful lawsuits because of workers’ compensation protection, but speaking to an attorney can help you to pursue all available options for compensation without any financial risk. At Carabin Shaw, we offer our services on a contingency-fee-basis, so you don’t have to pay us until we win your case.
Call our toll-free number at 800-862-1260 to schedule a free consultation. We have English- and Spanish-speaking staff ready to answer the phone 24/7. We encourage all work accident victims to read our client reviews prior to calling, so they can see our clients’ successful legal outcomes.
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