Proving Negligence After a Personal Injury in San Antonio

If you have been injured in the workplace and have found that it has affected your everyday life, you may be entitled to compensation. An injury at work can impact not only your health, but also your finances, leading to huge medical bills and lost wages. Fortunately, help is available. Carabin Shaw’s team of San Antonio personal injury lawyers can help you navigate the legal process and obtain the compensation you deserve.

In order to file a personal injury claim against an employer in Texas, you must first ensure that your case will be viable. Texas is the only state in the country in which employers are not required to provide workers’ compensation; however, if they do not, they leave themselves open to more liability in the case of an injury. If your employer has not provided you with workers’ comp, you should contact a personal injury lawyer in San Antonio as soon as possible.

Note that if your employer has opted into the Texas workers’ compensation insurance program, you do not have the legal right to pursue a lawsuit; instead, you are expected to file an insurance claim.

However, you can still sue an individual who you believe to be responsible for your injury. If you are subscribed to workers’ comp but believe this may be the case, it is worth it to schedule a free consultation with a San Antonio accident lawyer to see if your case could be actionable.

You should, generally, subscribe to workers’ comp insurance if it is offered by your employee. However, there are some types of compensation it does not cover that a civil lawsuit could. Workers’ comp will cover medical bills and lost wages for an injury received at work, but not pain and suffering, also known as “noneconomic damages.” If you have the option to pursue these damages, you should do so. A personal injury lawyer in San Antonio can help you work out the details.

Workers’ comp will cover any work-related injury or illness, regardless of fault. However, in order for a personal injury claim against employer in San Antonio to be actionable, you will have to convince a court that your injury was the result of negligence on the part of your employer.

Negligence can include several oversights, including failure to provide proper training, failure to provide proper supervision, not providing a reasonably safe workspace and/or equipment, and demanding that tasks be performed in unnecessarily dangerous ways. Any failure to uphold the expected standard of care for employees, at any level of operation, that results in an injury can be termed negligent.

A San Antonio accident lawyer can help you determine whether or not your injury or illness could be legally determined to be the result of negligence. If you are still unsure as to whether or not you intend to pursue a lawsuit, a free consultation with an attorney can help you determine whether or not it would be the right choice.

When looking for an attorney to handle a personal injury case, prioritize knowledge, experience, and dedication. Your lawyer should know the specificities of the field into which your lawsuit falls and should be experienced in representing individuals against corporate lawyers.

The legal team at Carabin Shaw has that experience, knowledge, and dedication. We have decades of combined experience representing clients in civil injury suits against employers, and are dedicated to helping you receive the security that you deserve. Call our San Antonio office today at 210-222-2288 to begin your legal process.