San Antonio Workplace & Jobsite Injury Attorney

Answer: Records relating to workplace injuries must be meticulously maintained in compliance with legal requirements. All incidents, injuries, and near misses should be documented promptly and accurately. For instance, details such as date, time, location, nature of the injury, witnesses who were present, and more should be recorded. Medical reports, treatment records, and any communication regarding the incident should be securely stored. Proper documentation and maintenance of workplace injury records are crucial for regulatory compliance and ensuring employee safety.

Answer: According to the Texas Department of Insurance, workers injured in the workplace must report their injuries to their employer within 30 days of the date of the injury or from the date they learned their injury was related to work. Additionally, if the injured person is interested in pursuing a workers’ compensation claim related to their work injury, they must file the claim within one year after the accident.

Answer: In Texas, an employee cannot sue their employer for damages if they receive or are eligible for workers’ compensation benefits. However, if the employer is not a subscriber to workers’ compensation, then an employee could file a personal injury lawsuit against their employer or a claim through their employer’s private insurance policy.

Answer: A workplace injury should be reported immediately after the incident occurs. Delays in reporting can lead to complications in receiving timely medical treatment, and they may impact the validity of workers’ compensation claims. Prompt reporting ensures that an injured worker can receive proper care and that the incident will be addressed correctly.

Answer: If you are injured on the job or become ill due to a work-related cause, you may be entitled to workers’ compensation benefits, including coverage for medical expenses and lost wages. Your employer should provide you with the necessary forms and information to file a claim. Seeking medical attention promptly and following the prescribed treatment plan is important for your recovery and your eligibility for potential compensation.

Answer: Workers’ compensation provides financial and medical benefits to employees who suffer work-related injuries or illnesses. If you are injured on the job, workers’ compensation can cover medical expenses such as doctor visits, hospital stays, surgeries, and medications. You may also receive compensation for disabilities that prevent you from returning to full-time work on a temporary or permanent basis. Workers’ compensation may also offer vocational rehabilitation services to help you return to work if your injury prevents you from performing your previous job duties.

Answer: Workers’ compensation insurance companies typically pay benefits to injured workers. Employers pay premiums to insurance companies to fund workers’ compensation coverage. Then, when an employee files a valid workers’ compensation claim, the insurance company provides the necessary benefits.

Answer: Workers’ compensation typically covers work-related injuries such as slips and falls, muscle sprains and strains, repetitive strain injuries, back injuries, burns, cuts, fractures, and occupational illnesses.

Answer: Benefits may include coverage for medical expenses related to the injury or illness, wage replacement for lost income during recovery, vocational rehabilitation services to help injured workers return to work, and death benefits for the dependents of workers who are killed on the job.

Answer: To apply for workers’ compensation benefits after a work-related injury in Texas, contact the Texas Department of Insurance Division of Workers’ Compensation and inform them of your injury to initiate the claims process. They will provide you with the necessary forms and guidance on how to proceed with filing your claim.

Answer: Your benefits should begin once your specific injury causes you to miss at least eight days of work. Benefits are generally not paid the first week of your injury unless you lose all or some of your pay for 14 days or more. Also, please be advised that a disability does not only mean a physical handicap. A disability means your injury has prohibited you from earning money.

Answer: Absolutely not. It is illegal in Texas to fire employees because they file a legitimate injury claim for workers’ compensation. In addition, a person cannot be fired because of their disability.

Answer: A third-party work injury claim involves seeking compensation from a party other than your employer for a work-related injury. Third-party claims are usually pursued in more severe incidents that result in serious injury or death to the employee. If you pursue a third-party claim for your injuries after receiving workers’ compensation benefits, you may be required to reimburse the insurance company that paid you those benefits if you win your lawsuit against the third party.

Answer: To determine if your work-related injury would make a viable workers’ compensation claim, consider the following factors: Was the injury sustained while performing work duties? Did the injury occur during work hours or on your employer’s premises? Did you report the injury to your employer in a timely manner? Did you seek medical attention and document your injury? As you weigh your options, these questions and more will be necessary.

Answer: Not necessarily. You may need to select a doctor from your employer’s network. Your employer will likely give you a list of options. If your employer is not in a network, you can ask your own doctor whether they treat workers’ compensation patients.

Answer: If you venture out of your employer’s network without approval for medical care related to your injury, you may end up having to pay your medical bills yourself. On the other hand, if you stay in your employer’s network for treatment, you will not be required to pay for medically necessary care related to your injury.

Answer: Discuss with them the extent of your pain, which activities may cause you to make the injury or pain worse, and how the injury and pain ultimately affect you. NEVER lie about the extent of your injury, and be honest regarding past injuries and accidents.

Answer: At Alford and Clark, we offer free consultations at the outset of a case before representation is decided upon. We also work on a contingency basis, meaning that we will only get paid if we win your case. Our fee will be a percentage of the benefits recovered. This type of arrangement allows you to hire a lawyer without upfront costs.

Answer: Your workplace injury attorney will provide legal guidance, evaluate your case, communicate updates, negotiate with insurance companies, represent you in legal proceedings, and advocate for your rights. They will work diligently to protect your interests, seek fair compensation for your injuries, and ensure you can pursue and receive the benefits you are entitled to under Texas workers’ compensation laws.

Answer: The Texas statute of limitations for workers’ compensation claims is one year. This means that if you fail to file your claim within one year, you will likely have lost your opportunity to receive benefits.