Despite the significant steps that society has taken to increase worker safety while on the job, workplace injuries remain a constant threat to peoples’ health and finances. For many employees, suffering a workplace injury or illness allows them to receive medical care and pursue reimbursement for lost wages through a workers’ compensation claim.
However, San Antonio is in a state that rarely requires an employer to provide workers’ comp protection. Instead, employers may file a lawsuit against their employee to receive compensation for damages. A San Antonio workplace injury lawyer could help you hold negligent employers liable for their carelessness. An experienced personal injury attorney could work to evaluate if an employer had workers’ compensation insurance, and if not, to file lawsuits that demand appropriate compensation.
While the relative safety of a particular workplace will vary, no location is entirely safe. When many people think of workplace injuries, they imagine typically dangerous professions such as factory workers, miners, or loggers. These employees may suffer catastrophic injuries from accidents or illness from long-term exposure to toxic substances.
However, even workers employed in seemingly safe professions could also endure workplace injuries. Officer workers, teachers, and retail employees could strain muscles moving boxes, fall down stairs, or endure assaults from customers. As long as an employee is able to connect their condition to their time spent on the job, the employer is liable to provide compensation. In situations where the employer does not have workers’ compensation insurance, this means pursuing a lawsuit in court. A knowledgeable San Antonio workplace injury attorney could help to connect an injury to a person’s time spent on the job and to evaluate an employer’s insurance protection.
Texas is one of the few states that does not require an employer to obtain workers’ compensation insurance. If an employer makes this choice, they are personally liable for any injury that affects their employees that is connected to their work duties. An injured or ill employee must pursue these lawsuits to collect compensation to pay for medical care and lost wages.
A worker could take a case to court if they suffered harm while on the job. In addition, according to Texas Labor Code §406.033, an employer cannot argue that the employee’s own negligence caused the injury, that another employee should bear responsibility, or that the injured employee accepted the risks involved in taking the job. In this sense, an employee must only prove the same concepts under the law that they would need to demonstrate to collect under a workers’ compensation policy. Namely, that the injury or illness arose out of the course of their employment. A skilled San Antonio workplace injury attorney works with employees to pursue claims for damages in civil court against employers.
People who suffer injuries while on the job often face significant physical, emotional, and financial difficulties following their accident. Not only do they lose the ability to continue to earn a living, but they may also be responsible to provide funds for their medical care. This is because San Antonio employers usually do not have the obligation to provide workers’ compensation insurance for their employees. The resulting dynamic requires many injured employees to seek compensation in lawsuits.
A San Antonio workplace injury lawyer could help you file a claim and hold your employer accountable for their negligence. They can work to gather evidence, connect that evidence to medical records, and demand proper payments in court. Call today to get started on your claim.