San Antonio Workplace Injury Lawyer
Have you been injured while at work or have you been diagnosed with a workplace related illness? If you have, you may be worrying about your job and how you are going to pay for medical treatment. You may be wondering whether you can obtain any sort of compensation from your employer. The good news is that you may be eligible for workers’ compensation if your employer has taken out this sort of insurance cover. If your employer has no workers’ comp. cover, you may still be able to obtain compensation through a personal injury claim. A workplace injury attorney at the Injury Lawyer San Antonio can provide professional advice and legal help whichever type of claim is most suited to your circumstances.
Workers’ compensation in Texas – are you covered?
It is commonplace for many employers, especially large ones, to take out workers’ compensation insurance to cover them and their employees in the event that one of them suffers from a workplace injury or illness. In Texas, employers are not obliged by law to have insurance cover. It is left to each individual employer to make that decision. Employers often do have workers’ compensation insurance as it then prevents an employee from suing them if their injury or illness is caused by the negligence of the employer.
Workers’ compensation is a no-fault type of insurance. As a worker, a compensation payment may be paid out regardless of whose fault the injury or illness was. Workers’ compensation is restricted to payment for medical treatment, sometimes by a preferred medical provider determined by the employer, as well as around two thirds of any lost wages. Non-economic damages, such as compensation for the pain and suffering caused by the injury, are not part of a workers’ compensation payment.
There is an established process for a workers’ compensation claim. You must inform your supervisor of the injury, complete an accident report within a given time frame and then file the claim with your employer’s insurer. If a claim is denied by the insurer there is a procedure in place in Texas that allows you to appeal the decision. A workplace injury attorney here at the Injury Lawyer San Antonio can help you decide which claim to file and how to provide the relevant information needed to support your claim. If you decide to appeal a denied claim, you will almost certainly need expert legal advice which we can provide.
File a personal injury claim if you are not covered by workers’ compensation
A personal injury claim is the best way to seek just compensation for a workplace injury or illness if your employer has no workers’ compensation insurance. There are significant differences between a personal injury claim and a workers’ compensation claim. You can only file a personal injury claim if you can prove that your employer’s negligence caused your injury or illness. Typical reasons for a claim may include:
- a failure to provide adequate training;
- insufficient safety gear or equipment;
- the use of faulty, inadequate, or dangerous equipment;
- overwork and fatigue because of insufficient staffing.
Although a personal injury claim is limited to injuries and illnesses that are the fault of the employer, there can be a significant financial advantage over a workers’ compensation claim. Generally, a successful personal injury settlement will cover all current and potential future medical costs related to the injury or illness, all lost wages and potential future lost wages, as well as non-economic payments not covered by typical workers’ comp. claims such as compensation for pain and suffering and, in some cases, punitive damages. The expectation for conclusive proof of negligence is higher in a personal injury claim. The standard of documentation required to accompany a claim is also higher than for a workers’ comp. claim.
Contact a San Antonio workplace injury lawyer for professional legal help
Whichever type of claim you file will normally depend on whether your employer has workers’ compensation insurance or not. Even if your employer does have workers’ comp. insurance, you may still decide to file a personal injury claim if there are problems with your employer’s insurer or the claim is denied. If you have suffered any kind of workplace related injury or illness, you should schedule an appointment with our experienced workplace injury attorneys. Call the Injury Lawyer San Antonio today at (210) 646-9100.