San Antonio Workers Compensation Lawyer

As a workforce member, 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 result from your job, options are available 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 to succeed with this endeavor, you’ll likely need the guidance of a qualified San Antonio workers comp lawyer at J.A. Davis & Associates, LLP.

To learn more about how a San Antonio workers’ compensation attorney can help you, call us today.

Who Qualifies for Workers Comp in Texas?

Workers’ compensation laws tend to favor victims. Still, satisfying the rules the state of Texas has established is essential to collecting compensation.

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 workplace 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 you must satisfy only a few qualifications, 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 work-related 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 part of a pre-existing illness.
  • Your workplace accident 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 failure to secure legal representation from our personal injury attorney. 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 the problem. Once we do, we will file an appeal on your behalf and prove why you are, in fact, eligible for and deserving of workers’ compensation benefits.

San Antonio Workers Comp FAQ

Workers’ compensation is a complicated area of Texas law, so we have answered a few common questions below. Don’t hesitate to contact our firm if you have any other questions or concerns.

No. Texas is the only U.S. state that doesn’t require employers to carry workers’ compensation insurance. However, many employers in San Antonio choose to carry it 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.

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.

Unlike personal injury claims, workers comp claims in Texas don’t really consider fault. Workers 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.

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 well-being. 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 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 several factors. However, your San Antonio workers comp claim attorney will have handled many similar cases 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 injuries are typically seen in victims working in industries like construction, manufacturing, public transportation, and corrections. However, any employee can 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’ compensation, we suggest contacting our 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.

Team Up with our Law Firm, Your San Antonio Workers Comp Attorneys

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 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 with a San Antonio workers’ compensation lawyer and discuss the details of your injury, fill out the online contact form at the bottom of the page or call us at  (210) 732-1062.