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Employer Liability for Workplace Injuries in San Antonio Texas - Free Case Review
More than 300,000 people in San Antonio work in dangerous industries, including construction, manufacturing, and transportation. Work accidents are frequent for these workers, which may lead to catastrophic injuries that change life’s course for them. Tragically, many of these accidents could have been prevented if the employer had followed safety guidelines at the work site.
Victims of other accidents can often pursue compensation from the responsible parties. However, rules governing workplace incidents are different from other personal injury cases. Work injury attorneys in San Antonio TX, help accident victims understand their rights and where they can go to seek damages for their injuries.
If you are injured on the job, our team at Carabin Shaw can help you pursue damages for lost wages and medical bills. We have English and Spanish-speaking professionals available around the clock to offer free case reviews. Contact us toll-free now at 800-862-1260.
Injured Employees Covered by Workers’ CompensationPrivate companies in Texas are not required by law to carry workers’ compensation insurance, setting Texas apart from most states. Most employers have insurance since it covers injured employees while protecting the company from lawsuits. If your employer has workers’ comp insurance, you cannot bring a lawsuit against your employer even if they were responsible for your accident.
Limits of Workers’ CompWorkers’ compensation offers four types of benefits, including:
- Income benefits to replace wages
- Medical benefits to pay the cost of medical treatment
- Burial benefits to cover funeral expenses if the employee dies from injuries
- Death benefits to families after a workplace fatality
Income benefits replace a percentage of your wages while you cannot work. Temporary income benefits come first, followed by impairment, supplemental, and lifetime benefits, depending on the extent of your injuries and your ability to return to your job.
Medical benefits cover “reasonable and necessary” care, determined by a doctor in the workers’ comp network. You must see a different doctor if your doctor isn’t in that network. If you don’t like the provider, you need to get approval from workers’ comp to change.
Workers’ compensation benefits are rarely sufficient to cover all the costs associated with your injury. They also don’t cover non-economic damages like pain and suffering or loss of consortium. If your employer carries the insurance, you must accept these benefits, but an attorney can ensure the insurance provider pays you all the benefits you deserve.
Seeking Workplace Injury Compensation From a Third PartyYou may be able to pursue additional damages if a third party outside your employer was at fault for the accident. Examples of third parties include:
- Equipment manufacturers
- Subcontractors
- Vehicle drivers
- Property owners
To collect damages from a third party, your lawyer must prove the party’s negligence breached a duty of care that caused your injuries.
When an Employer Doesn’t Have Workers’ CompensationIf your employer doesn’t have workers’ compensation, you can file a lawsuit against your employer to pursue damages for your injuries and losses. Like a third-party lawsuit, your legal team must prove that your employer’s negligence caused your injuries. They will conduct a thorough investigation of the accident, collecting evidence and witness statements, which they will use to hold your employer accountable.
When you file a lawsuit against your employer or a third party, you can seek economic damages like compensation for lost wages and medical bills. You can also pursue non-economic damages, which might include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Disability and disfigurement
- Loss of consortium
If you are injured on the job, contact Carabin Shaw immediately. We offer our services on a contingency-fee basis, which means you don’t pay until you receive your settlement. Check our reviews from previous clients to see why the best San Antonio lawyers at Carabin Shaw are the ones many San Antonians choose. We are available 24/7, so contact us toll-free now at 800-862-1260.
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