Accidents can happen in any work environment at any time. When an equipment failure, electrocution, trench collapse, construction accidents, or any other circumstance causes you severe injuries, call the Law Firm of J.A. Davis & Associates today. Our vast experience in workplace accident injury cases or personal injury lawsuits makes us well-equipped to take on your claim and pursue the compensation benefits you fully deserve.

When you’ve suffered a work-related injury, it can be difficult to manage the fallout. Catastrophic, life-threatening injuries can prove to be a physical and emotional rollercoaster. Between being unable to work as you normally would, facing mounting medical bills, and fearing pushback from your employer, the situation can quickly become too much to handle.

However, you can take steps to manage the aftermath of your workplace injury accident and get your life back on track. In Texas, you may be eligible to file either a worker’s compensation claim or a personal injury suit against your employer. To improve your chance of success in either venture, work with our experienced San Antonio work injury lawyer.

Do You Know Your Rights?

Workers’ Compensation provides financial benefits for anyone injured on the job if the employer proves to have acted negligently or willfully by failing to provide a safe work environment by not securing or removing potential hazards.

If your employer does carry workers’ compensation insurance, you and our San Antonio work comp lawyer may find it easier to go that route instead of pursuing a personal injury claim. A personal injury lawsuit may be an option if your employer does not subscribe to workers’ comp.

Recovering Financial Losses

Both options offer you the potential to receive the benefits you need to recover from your accident, such as complete medical care and medical treatment coverage, compensation for any wages lost during your recovery period, loss of earning capacity, and compensation for mental anguish.

However, should you choose to file a compensation claim, you must know some specific information to file a successful claim. You and our law firm workplace injury attorneys will need to do the following to be approved for compensation benefits:

  • Injured workers must prove their injuries were sustained while 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.

When Can a Personal Injury Claim Be Filed for a Work Injury?

Often, injured workers believe the only source of compensation is their employer’s workers’ compensation insurance policy. While insurance companies are the general go-to for those seeking fair compensation, there are certain circumstances in which accident victims can file a personal injury lawsuit instead.

If you’ve been hurt at work from an industrial accident or a construction site accident, our San Antonio work accident lawyer can help you file a personal injury lawsuit for the following reasons:

  • Product Liability – Product Defects. If your injuries resulted from a defective and dangerous product, you could collect compensation from the product manufacturer through a defective product liability suit.
  • The Conscious Decisions or Actions of Your Employer By Not Providing a:
  • Safe Working Environment– In some cases, your employer may make choices while fully aware of the danger they pose to you. Suppose your employer’s deliberate actions harmed you. In that case, our San Antonio on-the-job injury lawyer can take legal actions and help you file a personal injury claim against him or her—outside of any workers’ compensation insurance policy.
  • Third-Party Involvement– These cases are typically filed by those who interact with people unrelated to their daily work 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 file a personal injury claim against your employer for your injuries.

  • Sometimes, work-related injuries are brought about because of the substances required to complete a given work task. If your injuries or illness were brought on by toxic chemicals, you may be able to file a claim against the manufacturer of the substance in question. Toxic Substances

Most Dangerous Jobs To Work At

In 2021, almost 5200 fatal work-related accidents occurred in the United States. That’s a 9% increase from the previous year. If you have lost a loved one in an on-the-job accident, you can file a wrongful death suit. Our Workplace accident lawyers can explain more about the death benefits the survivors might receive.

  • Roofers: Working in all kinds of weather, you can imagine how fast you can slip off a roof.
  • Construction Site Workers face dangerous conditions daily. Construction Injuries can result from building collapses, scaffolding collapses, heavy equipment collapses, trench collapses, falling scaffolds, and many other causes.
  • Commercial Truck Drivers: Because of the time/delivery pressures truckers face, they might be tired, distracted, or under the influence of drugs.
  • Garbage Collectors: On the roads, they face distracted drivers every day.
  • Steel – Structural Iron Workers
  • Agricultural Workers – Ranch Accidents – Ranch Workers: Heavy equipment, uncooperative livestock, equipment failure, and more…
  • Chemical Plants: Highly toxic substances and lack of training or safety programs will contribute to plant accidents.
  • Oil and Gas Industry: – Oil Field Accidents
  • Oilfield Workers can suffer from catastrophic injuries such as TBI – Traumatic Brain Injury, Spinal Cord Injuries, Fractures, Soft Tissue Injuries, Crush Injuries, Electrocutions, Acid Burns, and more.

Call our San Antonio Personal Injury Lawyer For Your Work Injury.

Generally, in Texas, there is a 2 year statute of limitation for personal injury cases. You must file your claims with our personal injury attorneys within two years of when the accident happened to go after the negligent party for any loss incurred.

If you are trying to decide between filing a claim for workers’ compensation or personal injury against your employer, contact the team at J.A. Davis & Associates, LLP. Our personal injury attorneys 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 financial compensation for the damages and losses you experienced.

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 possible.