Employer Liability for Work Accident Injuries

When injury strikes, it is not always apparent who is liable. This is especially true when said injury occurs at work. Here at Carabin Shaw, it is not uncommon for our San Antonio based attorneys to hear questions surrounding employer liability for work accident injuries.

The law can be confusing when it comes to dealing with employer liability, with navigating the process effectively being no easy matter as an individual filing against a business or government entity. Even just getting the appropriate care from workers’ compensation can be a tricky process. It is important for everyone to be familiar with how to proceed once it seems clear that injury is tied to one’s work.

When it comes to employer liability for work accident injuries, it has been the experience of many San Antonio Workers’ compensation lawyers that almost all cases depend on workers’ compensation offered by the employer in question. When workers’ compensation is not an option, filing a suit against an employer is. This requires in such cases that you or your loved one will need to file a claim through your state’s administrative workers’ compensation agency. It is still highly advisable that you or your loved one seek the help of one of Carabin Shaw’s San Antonio work injury accident attorney to assist with the convoluted process that such claims go through.

Part of the goals of workers’ comp programs is to ensure an employee can get benefits for a workplace injury, regardless of liability. However, this also means that such programs force employees to forfeit their right to sue for damages against their employer. In other words, the question of employer liability for work accident injuries is one that workers’ comp avoids.

There are a few exceptions to this: injury tied to discriminatory acts, sexual assault, or wrongful termination. If you or loved one believe injuries may be tied to an exception, it is vital that you seek the help of a qualified San Antonio based attorney as soon as possible.

Though there are a few cases where workers’ comp won’t apply because of certain negligent behaviors by an employee (i.e. intentional injury, violating company policy, or intoxication), there is typically only one scenario where workers’ comp won’t apply in cases of employer liability. If someone is an independent contractor and not technically an employee, workers’ comp will often not apply to said contractor.

As this is a growing trend in metropolitan areas like San Antonio – with people ranging from uber drivers, pharmaceutical safety analysts, and even professional wrestlers being independent contractors – it is important that an independent contractor involved in a work-related injury to quickly reach out to a qualified lawyer with experience in these matters.

Despite the fact that work accident injury cases tend to hinge on workers’ comp, it is still vital that an individual seek legal assistance. For those in San Antonio, it will be the Texas state administrative workers’ comp agency that a claim will be filed in.

Every state has its bureaucratic eccentricities, but Texas is known for being a bit overly complicated in these matters. As such, working with a qualified lawyer, like the ones here at Carabin Shaw, is always advisable. It is also of course advisable that independent contractors especially seek the help of an expert attorney when dealing with workplace injury.

If you or your loved one have been involved in a work accident, regardless of the applicability of workers’ comp programs, do not hesitate to reach out to Carabin Shaw today. Call us in San Antonio at 210.222.2288.