When to Pursue a Lawsuit for a San Antonio Work Injury Accident

If you or someone you know has been injured in a San Antonio workplace injury, it’s important you have your case evaluated by the team of San Antonio worker’s compensation lawyers with Carabin Shaw. A simple case evaluation can not only provide you with legal counsel into how to navigate your case, but help you understand when to pursue a lawsuit for a San Antonio work injury accident.

According to the National Safety Council, a worker is injured on the job every seven seconds. In most cases, injured employees pursue compensation through workers’ compensation. Workers’ compensation provides benefits to injured workers whose employers are enrolled in the program, and it usually covers medical expenses, including doctor visits and physical therapy, wage replacement in certain cases, and even vocational rehabilitation.

In most cases, employers who provide workers’ compensation to their employees are protected from being sued for a personal injury claim by one of their employees. However, there are exceptions to the rule.

Although the workers’ compensation system is designed in a way that does not allow employees injured at their San Antonio job to sue their employer, there are exceptions for when to pursue a lawsuit for a San Antonio work injury accident. A consultation with an experienced lawyer can help you understand if your case is eligible for a lawsuit and provide you with legal counsel by your side should you decide to pursue one. These exceptions for when to pursue a lawsuit for a San Antonio work injury accident include:

Inadequate or no workers compensation insurance:

If an employer does not have adequate workers’ compensation insurance for their employees or doesn’t have it at all, employers can be fined or forced to pay for their injured employees’ medical expenses. Consulting an experienced lawyer to take a deeper delve into the workers compensation your employer provides to you is key in ensuring that the insurance being offered to you is adequate.

Third-party claims:

If a third party has somehow contributed to an employee’s injuries or illness, the injured employee may be able to file a lawsuit against that party for their San Antonio work injury accident. Matters can also be confusing if an independent contractor is involved. Although independent contractors generally aren't covered under workers’ compensation insurance, there are still ways in which they can sue an employer for negligence should they become injured on the job.

Intentional torts:

If an employer causes harm intentionally through tortious acts, an employee may be able to pursue a civil lawsuit for their work injury accident. Tortious acts can by physical or emotional; for example, if an employer battered or assaulted an employee, this is an intentional tort.

Carabin Shaw’s Work Injury Accident Lawyers

Work injury cases are complex and overwhelming, and no one should try to take on these types of claims alone. Pursuing a lawsuit for a work injury accident is no easy feat, and it requires ample understanding of the law when deciding if workers compensation or a civil suit is best based on the circumstance at hand.

The team of lawyers affiliated with Carabin Shaw in San Antonio work around the clock to advocate for their client’s and ensure they receive the justice and compensation they are fairly entitled to for the pain and suffering resulting from a work injury accident. Our team of lawyers boasts years of experience representing clients who have suffered from work injury accidents and need professional consultation on how to proceed with their case.

If you or someone you know has been injured in a work injury accident, contact a San Antonio work injury accident attorney with Carabin Shaw today for a completely free case evaluation. Our offices can be reached toll-free at 1.800.862.1260 or locally in San Antonio at 210.222.2288.