San Antonio Workers Compensation Lawyer
To find out more about how a San Antonio workers compensation attorney can help you, give us a call today.
As a member of the workforce, you may know how frustrating it is to get sick or hurt. You need to be able to complete your daily responsibilities so you can continue to provide for yourself and your family.
But when your injuries or illnesses are a result of your job, there are options available to you to help you streamline your recovery. Under Texas law, you have the right to file a claim with your employer's workers compensation insurance and recover benefits. But in order to be successful with this endeavor, you'll likely need the guidance of a qualified San Antonio workers comp lawyer at J.A. Davis & Associates, LLP.
Who Qualifies for Workers Comp in Texas?
Generally, workers compensation laws tend to be in favor of victims. Still, satisfying the rules the state of Texas has put in place is essential to being able to collect compensation.
In order to be eligible for workers comp in San Antonio, the following must be true:
- You worked for the employer at the time of your injury. This can include part-time employees.
- Your employer carries workers compensation insurance.
- Your injuries were sustained or your illness developed as a direct result of on-the-job duties or exposure.
Denials for Workers Comp Claims
Unfortunately, although there are only a few qualifications you must satisfy, obtaining workers comp benefits in San Antonio is often difficult. That's because there are many circumstances in which you might be denied based on the filing process, the actions of others, or the unique nature of your injuries.
Some common reasons why workers compensation benefits are denied include the following:
- You failed to file your paperwork properly and within the statute of limitations set by the state of Texas.
- Your injuries were sustained in an accident during which you were under the influence of alcohol or drugs.
- Your injuries were not sustained while you were on the clock.
- You failed to adhere to the prescribed medical treatment regimen.
- You failed to supply the necessary documentation to the Texas Division of Workers’ Compensation.
- Your employer suggests that your injuries were actually part of a pre-existing illness.
- Your injuries are not considered significant enough to hinder you from performing your job responsibilities.
Unfortunately, it is all too common for victims to be denied compensation on their first try. This is typically due to amateur filing errors and failing to secure legal representation. Without an attorney, many victims fail to realize the power of an appeal after a denial. Instead, they often opt to start the process all over again from scratch.
However, this is unnecessary and only further protracts the waiting period to obtain your benefits. Working with a San Antonio work comp lawyer will help streamline this process.
If your claim was denied, your attorney will work with you to determine what the problem was. Once we do, we will work to file an appeal on your behalf and prove why you are, in fact, eligible for and deserving of workers compensation benefits.
The Benefits of Workers Comp
If your claim is approved, your San Antonio workers comp claim lawyer will be able to help you recover a host of different benefits that aid in your recovery and protect your finances and wellbeing. This is crucial, both presently and in the future, because many work accidents have long-lasting effects that alter the quality of life and lifestyle of victims.
Some of the benefits you may be eligible to receive if your application is approved include the following:
- Complete Medical Care Coverage – This includes any expenses associated with your injury. Examples might include doctor and hospital bills, medication costs, rehabilitation programs, and any travel expenses necessary to obtain healthcare.
- Compensation for Lost Wages – This includes any wages you might have lost during your recovery period. In some cases, you may be eligible to recover retroactive payments for wages you lost while your claim was being filed.
- Vocational Rehabilitation – This is awarded when an injury prohibits a victim from returning to the same industry he or she was previously in. In these cases, workers compensation should cover any necessary educational or training programs to allow you to enter a new field.
Injuries That Warrant Workers Compensation
Of course, every case is different, and the types of injuries victims sustain depend on a number of factors. However, your San Antonio workers comp claim attorney will have handled many cases similar to yours over the years.
Workers often suffer a few common injury types that necessitate filing a work comp claim. Although the following list is not exhaustive, some common injuries typically associated with workers compensation cases in San Antonio include the following:
- Spinal injuries, such as becoming paralyzed
- Head injuries, such as suffering a traumatic brain injury
- Severe burns
- Sensory injuries, such as losing your sight or ability to hear
- The development of a serious chronic illness
- Repetitive motion injuries
- Broken or fractured bones
- The loss of a limb
These types of injuries are typically seen in victims working in industries like construction, manufacturing, public transportation, and corrections. However, it is possible for any employee to develop an illness or sustain an injury.
As such, if you were hurt on the job but aren't sure whether your injuries qualify for workers comp, we suggest getting in touch with a workers comp lawyer in San Antonio. You may be able to recover significant compensation for your damages, and you don’t want to leave money on the table.
San Antonio Workers Comp FAQ
Workers comp is a complicated area of Texas law, which is why we have taken the liberty of answering a few common questions below. Don’t hesitate to reach out to our firm if you have any other questions or concerns.
Are Texas employers required to carry workers comp insurance?
No. Texas is the only U.S. state that doesn’t require employers to carry workers comp insurance. However, many employers in San Antonio do choose to carry work comp insurance to avoid personal injury lawsuits from injured employees.
If your employer doesn’t carry workers comp insurance, you can choose to file a personal injury claim to recover the damages you need.
Can I recover workers comp if my spouse died in a work accident?
Yes. One of the benefits under the Texas workers comp system provides for compensation to surviving spouses, children, or other dependents of an employee who is killed in a work accident. This is meant to make up for lost household income. A qualified attorney can help you make sure you get the benefits you’re owed.
What if my San Antonio work accident was my fault?
Unlike personal injury claims, workers comp claims in Texas don’t really take fault into consideration. Work comp benefits should be awarded without regard to who was at fault for your work accident, as long as your injuries occurred while you were performing the duties of your employment.
Team Up with a San Antonio Workers Comp Attorney
If you were hurt while performing your work duties, you don't have to handle the fallout without financial help. Working with a lawyer from J.A. Davis & Associates, LLP will provide you with the legal knowledge and guidance you need to file a successful claim and recover the benefits you deserve.
To schedule a free, no-pressure consultation and discuss the details of your injury with a San Antonio workers comp lawyer, fill out the online contact form at the bottom of the page or give us a call at 210-732-1062.