How Much Compensation can be Earned from a San Antonio Workers' Compensation Claim?

In San Antonio, employers are not required by law to maintain the protection of workers’ compensation coverage for their workers. In fact, the state of Texas is the only state in the United States that does not require all employers within the private sector to provide workers compensation for all employees.

Regardless of whether your company includes this coverage, all workers are at risk of accident at any given moment. Without a workers’ compensation policy in place, there is little to no cap on the monetary worth of a work injury claim. While this is good news for those seeking reimbursement, it also means that the company may attempt to assume zero responsibility if things go wrong.

It is important to understand that the best thing you can do when dealing with occupational injury is to educate yourself about the company’s insurance practices. Understanding existing Texas state regulations related to workplace accidents, especially the Texas Workers’ Compensation Act, can help you understand more about your situation and how much compensation you be eligible to obtain from a workers’ compensation claim in San Antonio. Some common areas of compensation after an occupation accident often include:

• Medical treatment expenses:
  • Your condition after the accident might require a long-term medication prescription. Costs like this can be unforeseen and further complicate your finances at a time when you are struggling to return to work to regain your hold on your economic situation.
• Future cost of care:
  • If you will continue to require certain medication, extra aid and attention, reimbursement can extend beyond the immediate future and apply to gradual and eventual treatment expenses.
• Wage loss and time away from work:
  • If you are injured and forced to spend time away from work, rehabilitating after the incident, you may be eligible to claim reparation for loss of wages during the period of recuperation.
• Funeral and final expenses:
  • In the unfortunate event that a family member or loved one has died in a workplace fatality, you may be entitled to money to cover funeral expenses and other costs associated with settling the deceased’s estate and the family’s ability to carry out all necessary posthumous proceedings.
• Pain and suffering:
  • Often referred to as ‘general damages’. Pain and suffering attempts to put a monetary value on the intangible effects of a workplace accident. These can include mental anguish, limitations on your range of activity (especially physical), and even business losses. At Carabin Shaw, our San Antonio attorneys understand that not every injury is visible, but all injuries can affect your quality of life.

Pain and suffering uses a multiplier when calculating the total cost of all your damages. To find out how much compensation you may be entitled to receive in Texas, the sum of all other damages (also known as ‘special damages’) is calculated against the multiplier determined by the judge or lawyer presiding over your claim.

Here’s where it gets a little tricky. When dealing with an insurance company, this simple damages multiplier formula is actually their best chance to keep the overall cost of the incident as low as possible. While insurance companies may reconcile the situation, they are first and foremost in the business of saving themselves money. This is why the guidance of a lawyer is essential for victims to maximize their chances for compensation.

A significant majority (approximately 95%) of work accident claims are settled before developing into a lawsuit. Most of the time, the risk of going before a judge is enough to make an insurance company to cooperate with a settlement. Their principal concern in negotiating a settlement is to save themselves as much time and money as possible. That is why these issues should always be resolved with the presence of a lawyer.

To find out more about what compensation can be obtained in a San Antonio workers’ compensation claim, contact the lawyers from Carabin Shaw today. Every victims deserves the guidance of an attorney with experience dealing with the confusing circumstances that often follow a workplace accident.

Fortunately, the San Antonio workers’ compensation lawyers from Carabin Shaw offer all prospective clients a free initial consultation. Our attorneys are dedicated to providing all clients in San Antonio and across Texas with a chance to regain their life after an occupational accident.

One phone call with a Carabin Shaw San Antonio work injury accident attorney can provide you with answers to all your questions. Successful claims depend in part upon your ability to prove that you acted quickly to prevent further damages, so don’t delay. Call our attorneys at our San Antonio office at 210.222.2288.