Work injuries and illnesses can result in extreme pain, work restrictions, ongoing medical treatment, and other complications. Injured workers may not return to their jobs for a significant time, losing considerable income.
Texas is the only state in the U.S. that does not require employers to carry workers’ compensation insurance. If your employer carries insurance, you can file a claim for workers’ comp benefits to cover medical expenses, lost income, and possibly more. If your employer does not have coverage, you might file a lawsuit against the company seeking compensation. You might also file a lawsuit against a third party whose negligence caused your injuries.
If you recently suffered an injury or illness in a workplace occurrence, retain the San Antonio workers’ compensation lawyers you need to recover the monetary benefits you deserve. Your employer and their insurance company will have a strong, aggressive legal team representing them throughout this complicated process. You should, too.
The experienced and compassionate San Antonio workers' comp attorneys at DJC Law understand the extreme pain, inconvenience, and suffering that often accompany a work injury. Our legal team can recover the monetary benefits and damages you deserve for your work-related injury or illness, so you can become whole again to the greatest extent possible.
For a free case evaluation and legal consultation with an experienced San Antonio workers’ comp lawyer, please discuss your situation and legal options with our trusted attorneys.
Why Choose Us for Legal Representation in Your San Antonio Workers’ Compensation Case?
When choosing legal counsel to represent you in your workers' comp case, we know you have many choices. You want the best and most aggressive attorneys you can find to represent you throughout your case.
When maximizing your workers' comp benefits and securing the monetary damages you need in a possible third-party claim, look no further than the experienced attorneys at DJC Law.
In addition to filing a claim with your employer's insurance company on your behalf, we can aggressively pursue a favorable settlement for you. Unlike many law firms, our lawyers are not afraid to take your workers' compensation case to a hearing for a resolution. We can also determine your legal options for filing a third-party personal injury claim based on negligence.
If the insurance company refuses to compensate you fully and fairly for your work-related injuries, we welcome the opportunity to litigate your case through the court system and pursue the monetary damages you need and deserve.
Let us do everything possible to secure the workers' comp benefits and monetary compensation you need in your case, making you whole again.
How Much Money Is My San Antonio Workers’ Comp Case Worth?
The ultimate value of a workers' compensation claim depends on the type of accident, the injuries or illnesses you suffered, the medical treatment you underwent, and the cost of your medical treatment.
Another factor affecting your total compensation is your eligibility to file a third-party personal injury claim or lawsuit based upon negligence. Through a third-party claim, you may recover additional damages not available as part of your workers' compensation claim.
Regarding your workers' comp claim, you can recover monetary compensation for your related medical expenses, including the cost of your medical care and treatment, medical procedures, and physical therapy. You can also retrieve a portion of your lost income if you have to miss time from work to recover from your injury or illness and attend your related medical appointments.
If your injuries prevent you from returning to the same job or occupation, you can bring a claim for vocational rehabilitation benefits. These benefits can make you employable again.
If a worker suffers a fatal injury or illness while on the job, surviving family members may recover burial and death benefits.
Finally, as part of a San Antonio workers' compensation claim, you may recover impairment income benefits (IIBs) after reaching maximum medical improvement – or MMI.
To recover these monetary benefits, a medical provider must state, to a reasonable degree of medical certainty, that you sustained one or more permanent injuries in your workplace accident. The medical provider will then draft a permanency evaluation report expressing your permanent injury as a certain percentage of disability. This percentage will then translate into a certain number of weeks of monetary benefits.
In addition, you may file a third-party personal injury claim based on your workplace accident. Although you cannot file a personal injury claim or lawsuit against your employer directly if they carry workers’ comp, you can bring that claim against a negligent third party who caused or contributed to your accident.
For example, if you suffered injuries in a motor vehicle accident that involved a work vehicle, you may file a third-party personal injury claim against the at-fault driver who caused your accident.
You must satisfy several legal elements to recover third-party damages in a personal injury case. First, you must demonstrate that the at-fault party owed you a legal duty of care they subsequently violated. You must then show that this negligence resulted in your workplace accident and the injury or injuries you suffered.
As part of a third-party personal injury claim, you can recover monetary compensation for your:
- Anticipated medical costs
- Lifetime care costs
- Permanent disfigurement or disability
- Past and future pain and suffering
- Inconvenience
- Mental anguish
- Loss of the ability to use a body part (such as from a full or partial paralysis injury)
- Lost quality of life
- Loss of spousal companionship and consortium
We are ready to evaluate the strength of your workers' compensation or personal injury claims. Our legal team can ballpark the value of your case and let you know the types of benefits and damages you can realistically recover. We can also advise you whether to accept a particular offer from the insurance company or take your case to a workers’ comp hearing – or a courtroom proceeding in a third-party personal injury case.
Where do Work Accidents and Injuries Typically Occur in San Antonio?
Work accidents may happen in just about any job setting in the San Antonio area. Individuals in the building and construction industries are especially susceptible to workplace injuries since they must work around heavy and dangerous equipment daily.
However, work accidents – including slip and falls – may also occur in an office setting. Office workers who perform repetitive movements, such as typing, might be susceptible to carpal tunnel syndrome. Similarly, office workers may develop asthma or breathing problems due to chronic exposure to asbestos.
If you suffered a workplace injury or illness in any type of workplace, our legal team can assess your situation and rights. We can determine your eligibility for filing a successful workers' comp claim in the system and assemble the necessary documents to submit to your employer's insurance company. We can then handle every step of the workers’ comp process.
Common Types of Workplace Accidents in San Antonio
If a worker suffers an injury or illness while on their job and performing a job duty, they may be eligible to pursue a claim for various workers’ comp benefits in San Antonio.
Some common workplace occurrences that may lead to a successful workers' compensation claim include:
- Motor vehicle accidents involving a work vehicle
- Slip and fall accidents that occur on a construction site or in an office
- Chronic exposure to chemicals that cause a worker to suffer an injury or illness
- Explosions that occur on a construction site
- Falls from scaffolding or ladders
- Crush injuries that result from working around heavy machinery or equipment
If you suffered injuries in any of these workplace occurrences, we can file a proper workers' comp claim and determine your eligibility for filing a third-party personal injury claim for additional monetary damages.
Workplace Injuries in San Antonio
Workers may suffer severe injuries or illnesses in an accident that occurs while they are on the job. The specific injury or illness that a worker suffers will typically depend on the circumstances surrounding the occurrence and the force involved.
Common worksite injuries and illnesses in San Antonio include:
- Open lacerations
- Bruises
- Carpal tunnel syndrome from repetitive typing and other repetitive movements on the job
- Breathing difficulties
- Eye injuries
- Mouth and teeth Injuries
- Soft tissue contusions
- Broken bones
- Rib fractures
- Spinal cord injuries
- Full and partial paralysis injuries
- Internal bleeding or organ damage
If you suffered any of these injuries in a recent workplace accident, we can handle the legal components of your workers' compensation claim while you focus your attention on getting the medical treatment that you need. After your medical treatment concludes, we can concentrate on your claim and get you the favorable monetary benefits you deserve.
Fighting the Insurance Company After a Workplace Accident in San Antonio
Following a work-related injury, we will likely deal primarily with your employer's insurance company. However, insurance companies never take the injured worker’s side. Insurance companies are big businesses that want to save as much money as possible. They do this by paying out as few benefits as possible to satisfy a workers' compensation claim.
In general, Texas does not permit workers’ comp settlements, per se. However, an employer’s insurer can pay IIBs as a lump sum, during which time the injured worker will receive the maximum amount of benefits all at once.
When disputes arise in your case with your employer’s insurer, we can request a hearing and aggressively represent you there.
If we also file a third-party claim on your behalf, we can negotiate with the at-fault party's insurance company in an attempt to obtain additional monetary compensation on your behalf. If the insurance company does not compensate you fairly, we can file a lawsuit in court.
Finally, we can handle your case at a civil jury trial or binding arbitration proceeding if those steps become necessary.
In a so-called comp/third-party case, the comp carrier can assert a lien (or setoff) against any proceeds you ultimately recover in the third-party portion of your case.
Steps to Take after a Workplace Accident in San Antonio
If you recently sustained injuries or illnesses in a workplace accident, ensure that your case proceeds forward efficiently.
First, undergo all recommended medical treatment. That way, the insurance company will not have an excuse to say that your injuries are not severe or that you did not prioritize your medical treatment after your workplace accident. Seeking the medical treatment you need also helps increase your chances of full bodily recovery.
In addition, you need to gather all pertinent documentation in your case and forward it to us:
- Medical records.
- Medical bills.
- Off-work slips from your medical provider.
- Photographs of your visible injuries.
- Pictures of the incident scene.
- Witness contact information.
- Any witness statements in your possession.
Contact an Experienced Workers’ Comp Attorney in San Antonio Today
Workplace accidents can be devastating for workers in San Antonio. In addition to not generating income because you cannot work, you face mounting medical bills in addition to household bills you cannot cover each month. The stress from a work-related condition can overwhelm you.
If you suffered injuries in a workplace accident, seek a legal consultation right away. Waiting too long to secure legal representation can ultimately jeopardize your ability to recover the monetary benefits and damages you deserve. At DJC Law, we can handle every stage of your case and maximize the total benefits or settlement you receive for your physical injuries and other losses.
For a free case evaluation and legal consultation with a personal injury law firm in San Antonio, please call us at (210) 220-2222 or contact us online for more information.