The home of the Alamo is also home to some of Texas’s most dangerous industries. Manufacturing, construction, transportation, and warehousing workers who go to work in San Antonio are at risk for an accident. Accidents can lead to potentially catastrophic injuries in companies where large machinery is commonplace.
A work accident can leave you in pain and unsure what to do next. The attorneys at Carabin Shaw have compiled a list of common questions accident victims ask to help you understand your injured worker rights in Texas. If you want a free case review, our Spanish- and English-speaking professionals are available 24/7 at 800-862-1260.
The first step after any accident is to seek medical care to treat and document your injuries. Next, report the incident to your employer as soon as possible. Texas law gives accident victims 30 days to file a report, but the sooner you file, the better. Document the accident scene with photos or statements from other employees who saw it happen.
If your employer has workers’ compensation insurance, you must file a claim with the insurance company and the Texas Department of Insurance, Division of Workers’ Compensation. However, it is wise to talk to a San Antonio work accident attorney at Carabin Shaw before filing to ensure you receive fair compensation for your claim.
Your employer may help you pay for medical bills and lost wages after a work accident. Private companies in Texas can opt out of workers’ compensation insurance, but most employers have it. Workers’ compensation covers many of your expenses, including medical bills and lost wages.
If your employer does not have workers’ comp, you may be able to file a personal injury lawsuit against your company. To receive compensation, you must prove your employer’s negligence led directly to your injuries. If your employer has workers’ compensation, you cannot file a lawsuit against them even if their negligence caused your accident.
Four types of workers’ compensation benefits are available in Texas:
Under income benefits, injured workers can temporarily receive a portion of their income while out of work. Workers who are severely injured or permanently disabled can also receive impairment income benefits, followed by supplemental and lifetime income benefits. None of the income benefits fully replace your lost wages, however.
Medical benefits pay for work-related treatment, but you may be limited to the doctors in a particular network. You won’t be able to see your doctor if they are not in network. The Division of Workers’ Compensation (DWC)must approve any provider changes if you are unhappy with the network provider.
If your employer has workers’ compensation, you cannot file a lawsuit even if the company’s negligence led to your injuries. Employers usually purchase workers’ compensation to protect themselves from the threat of a lawsuit. If your employer does not have workers’ comp, you may be able to file a personal injury lawsuit to collect damages for your injuries.
You can also consider a lawsuit if your employer has workers’ compensation but a third party, like a subcontractor or device manufacturer, contributed to the accident. Lawsuits must prove that the responsible party’s negligence directly contributed to the incident and your injuries.
Whether you file a workers’ comp insurance claim or a lawsuit against the responsible parties, the compassionate legal team at Carabin Shaw can help. We will protect your rights against the workers’ comp insurance company to ensure you receive all the benefits you deserve. We will investigate, collect evidence to prove the responsible party was negligent and hold them accountable for their actions.
We offer our services on a contingency-fee basis, so you don’t owe anything until you receive your settlement. Check out our reviews from past clients to see how our team has helped accident victims like you in the past. Then call us toll-free at 800-862-1260.
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