San Antonio Work Injury Lawyer
Victims of work injuries don’t have to financially suffer while they recover. Allow a San Antonio work injury attorney to help you get the compensation you deserve.
When you’ve suffered an on-the-job injury, it can be difficult to manage the consequences. Between being unable to work as you normally would, facing mounting medical bills, and fearing pushback from your employer, the entire situation can quickly become too much to handle.
However, you can take steps to manage the aftermath of your accident and get your life back on track. In Texas, you may be eligible to file either a workers compensation claim or personal injury suit against your employer. To improve your chance of success in either venture, work with an experienced San Antonio work injury lawyer at J.A. Davis & Associates, LLP.
When Can a Personal Injury Claim Be Filed for a Work Injury?
Often, victims who have sustained on-the-job injuries believe the only source of compensation is their employer’s workers compensation insurance policy. While this is the general go-to for those seeking benefits, there are certain circumstances in which you might be able to file a personal injury lawsuit instead.
If you’ve been hurt, your San Antonio work accident lawyer can help you file a personal injury claim for the following reasons:
- Product Liability – In the event that your injuries were the result of a defective and dangerous product, you could collect compensation from the manufacturer through a product liability suit.
- The Conscious Decisions or Actions of Your Employer – In some cases, your employer may make choices or actions while fully aware of the danger they pose to you. If your employer’s deliberate actions harmed you, your San Antonio on-the-job injury lawyer can help you file a personal injury claim against him or her—outside of any workers compensation insurance policy.
- Third-Party Involvement – These types of cases are typically filed by those who interact with people unrelated to their work on a day-to-day basis as part of their job responsibilities. Such examples might include a San Antonio public transportation driver who was injured in a car accident brought about by another driver. In these cases, you can file a personal injury claim against the liable party to collect compensation.
- Missing Workers Compensation Insurance – If your employer is not required to carry or chooses to forgo workers compensation insurance, that does not mean you are forced to give up your right to collect compensation. In these cases, you can choose to file a personal injury claim against your employer for your injuries.
- Toxic Substances – Sometimes, work injuries are brought about because of the substances required to complete a given work task. If your injuries or illness were brought on by a toxic substance, you may be able to file a claim against the manufacturer of the substance in question.
Choosing to File a Workers Compensation Claim Instead
If your employer does carry workers compensation insurance, you and your San Antonio work comp lawyer may find it easier to go that route instead of pursuing a personal injury claim. Both options offer you the potential to receive the benefits you need to recover from your accident, such as complete medical care coverage, compensation for any wages lost during your recovery period, loss of earning capacity, and more.
However, should you choose to take this path, you will need to know some specific information in order to file a successful claim. You and your lawyer will need to do the following in order to be approved for benefits:
- Prove that your injuries were sustained while you were on the job.
- Prove that you were not under the influence of drugs or alcohol at the time of your accident.
- Provide documentation from your medical care provider describing the extent and nature of your injuries.
- Prove that your injuries are significant enough to keep you from working for an extended period.
Call a San Antonio Work Injury Attorney
If you are trying to decide between filing a claim for workers compensation or personal injury against your employer, get in touch with the team at J.A. Davis & Associates, LLP. We have an in-depth understanding of and experience with both areas of the law, and we will work with you to determine the best course of action to recover the damages you need.
Schedule a free consultation with a San Antonio work injury lawyer today to discuss your accident and take the next steps forward. To set up your meeting, fill out the online contact form at the bottom of the page or give us a call directly at 210-732-1062 as soon as you can