The Importance of Documenting Your Work Injury in San Antonio

Not all San Antonio work injuries are covered by workers' compensation. Therefore, it's crucial to document your injury thoroughly to preserve your right to pursue a personal injury lawsuit. Consulting with an experienced attorney, regardless of your workers' compensation status, is essential to gather the necessary evidence and build a compelling case for compensation.

Calling the San Antonio work injury attorneys at Carabin Shaw is the best way to ensure you get compensation for ALL your injuries. With decades of experience in Texas workplace injury law, our team has a proven track record of maximizing claims and streamlining the legal process, as evidenced by our positive client reviews. In addition, we offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal fees. You don’t pay us unless your case is won.

There are two reporting requirements for workers’ compensation claims. First, you must report the injury to your employer within 30 days of the injury, or within 30 days of discovering the injury. Second, you must fill out a claim form for compensation within one year of the injury.

You must report your injury to an employer even if the employer does not subscribe to workers’ compensation insurance. The employer can still make a good-faith effort to compensate you for your injuries, and transparency in the process aids in documentation efforts if you have to hire a lawyer and file a lawsuit.

Employers who are non-subscribers to workers’ compensation insurance still must file an injury report with the Texas Department of Workers’ Compensation (DWC) within 1 year of the injury if the employee missed more than one day of work. Without insurance, employees may sue the employer for workplace injuries, as the employer does not have the legal protection afforded by workers’ compensation insurance.

Proper documentation of workplace injuries includes anything you can think of that your San Antonio work injury law firm can use to add credibility to your claim. This includes:

• Photographs: Pictures of your injuries, the environmental factors that contributed to the accident, and the scene of the accident are instrumental in proving liability and increasing understanding of the severity of the injury.
• Eyewitness testimony: Noting the names of all eyewitnesses and other workers who’ve suffered similar injuries can be instrumental in proving employer negligence.
• Medical records: Seeking medical care as soon as possible after a San Antonio workplace injury provides medical documentation from a trusted source.
• Medical bills: Medical statements from hospitals, providers, and other medical facilities prove some of the economic losses you have suffered.
• Journal: Write down everything you remember about the accident and how it has impacted your life. Daily entries give your attorney more information to work with and can help to prove noneconomic losses in a personal injury lawsuit.

Employers often have an advantage when it comes to workplace injuries. However, documenting your injuries helps prove their negligence and secure your rights after an injury.

In work injury cases where the employer subscribes to workers’ compensation, they have protection from personal injury lawsuits in most ordinary negligence cases. However, in cases of gross negligence or wrongful death, the best work injury attorneys in Texas can help plaintiffs sue for damages.

When an employer does not subscribe to workers’ compensation insurance, you have the right to file a personal injury lawsuit to seek compensation for your damages. This opens opportunities for compensation for noneconomic losses, such as pain and suffering or emotional damages. Hiring an attorney is the best way to maximize Texas work injury compensation in a workers’ compensation case or personal injury lawsuit.

While workers' compensation offers a degree of protection for employers, consulting with a lawyer can provide invaluable guidance throughout the claim process, particularly if your claim is denied by the insurance company. If a benefit review conference fails to resolve your claim, you have the option to contest the decision in a formal hearing before a DWC judge

If you are seeking compensation for injuries following a workplace accident in San Antonio, Texas, contact Carabin Shaw for a free consultation by calling our toll-free number at 800-862-1260. We have English- AND Spanish-speaking staff available 24/7.

For more information:

• TDI Texas
• TDI Texas
• OIEC