San Antonio Workers Compensation Attorney
At The Law Offices of Miller & Bicklein, P.C., in San Antonio, we have been helping injured workers in Texas since 1994. You can rely on our knowledgeable attorneys to help you determine what benefits you deserve and advocate for your rights. We have unique experience with every stage of a workers compensation claim. Work injuries can cause great stress and financial hardship, but with the assistance of a competent San Antonio workers’ compensation lawyer, you can find incredible legal support and guidance.
From making sure you get the right medical care to making sure that your employer and/or negligent parties are held accountable for their actions, we will take care of everything so you can focus on getting your life back together after a work-related injury or illness.
Workers Compensation
Call Law Offices of Miller & Bicklein today at 210-366-2400 for your Free Consultation!
Essential Information About Workers’ Compensation Claims In Texas
After a work-related illness or injury, you may have a lot of questions about your options and legal rights regarding workers’ compensation benefits in Texas. The lawyers at The Law Offices of Miller & Bicklein, P.C., are committed to helping people through this complicated system. We can work with you to answer your questions, like those answered below, and make informed decisions.
Common Types of Injuries in a Workers’ Compensation Claim
When an individual suffers an accident at their place of work, the resulting injuries can be catastrophic. These injuries can include the following:
- Eye injuries, or the loss of sight
- Injuries to the neck, back, shoulders, or knees
- Carpal tunnel or other related repetitive trauma or stress injuries
- Hearing issues or the complete loss of hearing
- Work-related emotional damage
- A work-induced stroke or heart attack
- The loss of limbs
- Crushing or pinning injuries
- Severe chemical or electrical burns
- Asthma or other pulmonary conditions that are deemed work-related
- Occupational diseases such as asbestosis or dermatitis
- Permanent disfigurement and the scarring of the neck, hands, or face
If you have suffered any of these injuries at your San Antonio, TX place of work or any not listed here, it’s time to contact The Law Offices of Miller & Bicklein, P.C.
How Does Workers’ Compensation Work in Texas?
When someone is hurt on the job or while working, their injuries were not caused by self-intoxication or recklessness and the incident meets other qualifications, they can seek compensation to cover medical costs and lost income, and family members can seek compensation for loss of life. The claim process typically involves:
- Reporting the injury to the employer within one month of the accident
- Seeking necessary medical attention
- Filing the workers’ compensation claim
- Creating a return-to-work plan
- The insurance company makes a settlement offer
- You receive a judgment
- You can choose to accept the payout
We can guide you through every step of your compensation claim to ensure that you receive your money as soon as possible and pursue the maximum amount available to you.
Who’s Responsible for a Work-Related Injury?
In most cases involving work-related injuries, the primary source of compensation is the employer’s workers’ compensation insurance. Workers’ compensation coverage provides wage loss and medical benefits to employees who suffer work-related injuries.
Negligent third parties are often responsible for injuries that people suffer in the course of doing their jobs. For example, if you were injured while making a delivery, a negligent motorist may be responsible for your injuries. In addition to helping you pursue the workers’ compensation benefits you deserve, our San Antonio personal injury lawyer can also pursue a third-party personal injury claim against the negligent driver.
When You Need a Lawyer in a Workers’ Compensation Claim
In a workers’ compensation claim, several complications can arise. It is advisable to contact a workers’ compensation attorney who can help you navigate these challenges so that you can receive the compensation you need to get back on your feet and back on the job. A workers’ compensation attorney can assist you with the following:
- Filing a claim for you even if your employer chooses not to.
- Your claim has been denied
- There is a denial regarding the nature or extent of your injury.
- The insurance carrier has stopped your payments.
- You received a certification of Maximum Medical Improvement (MMI)
- You find yourself facing permanent disability and will not be able to return to any form of work
- Your employer has taken action to retaliate against you because you have filed this necessary claim
Reasons Why Your Workers’ Compensation Claim May Have Been Denied
There are several reasons why your claim may have been denied. These can include the following:
- Your illness or injury is not severe enough to keep you from work
- You did not supply the necessary documentation
- You did not follow the medical treatment advised to you by your doctor
- You were hurt on the job because you were impaired by drugs or alcohol
- In reality, insurance companies will use ANY reason to deny your claim or treatment.
Answers To Your Workers’ Compensation Questions
As you seek the benefits you deserve and focus on getting back to work, it is crucial to understand your rights and obligations. See the following for answers to some of the most common workers’ compensation questions:
Can I choose my own doctor for a work injury?
Regardless of what your employer or the insurance company may have told you, there is no requirement for you to stay in the health care network of their choice. Unless the Texas Workers’ Compensation Commission says otherwise, you have the right to choose your own doctor. Your medical treatment is a vital part of your healing process after a work injury, and you deserve to have a doctor you trust to help you through your recovery.
Do I have a workers’ compensation claim?
You may be surprised to learn that most forms of workplace injuries qualify for workers’ compensation. In fact, it is often easier to explain what situations are not eligible for workers’ compensation. Some of these scenarios include:
- Intoxication or reckless behavior
- Driving to or from work (off the clock)
- While attending an off-duty work event (picnics, sports games, etc.)
- During recreational activities during work travel
Insurance companies may try to claim that your injuries do not qualify you for compensation, which is where we come in. Instead of representing yourself, we are prepared to fight against insurance companies to help you earn every cent you deserve after your accident.
Full-Service Workers’ Compensation Representation
The process for pursuing a workers’ compensation claim can be complex and overwhelming. We will be there for you every step of the way, working hard for you so you can get the benefits you deserve and get back to work.
To learn more about specific workers’ compensation issues, see:
Are You The Victim Of A Third-Party’s Negligence?
You deserve the maximum benefits and compensation possible to make sure you have the resources to make a complete recovery. We accomplish this for our clients by investigating the possibility of third-party negligence.
FAQs
A: No, Texas is the only state in America where employers are not required to carry workers’ compensation insurance. However, many employers choose to carry it so that they may avoid being sued for personal injury by their employees. If you have been injured at work, it is wise to report this injury right away so that your employer can make you aware of their workers’ compensation coverage so that you can know your legal options.
A: Yes, if your spouse dies as a result of a workplace injury in Texas, you can seek compensation as the surviving spouse. Surviving children or other dependents of the deceased worker may also be able to seek benefits under the employer’s workers’ compensation insurance. These benefits are meant to make up for the loss of household income and can be sought with the help of an attorney.
A: In Texas, if your employer carries workers’ compensation insurance coverage, you generally cannot sue them for any workplace injury you have suffered. However, there may be some exceptions to this rule. First, if your employer acted in gross negligence, which resulted in your injuries, you may be able to sue them. Second, if they acted with intention and your injuries were caused as a result, you may be able to sue them.
A: There can be several benefits you are entitled to receive under your employer’s workers’ compensation insurance. These can include benefits to help you recover any medical costs related to your workplace injury, lost wages, and any vocational rehabilitation that becomes necessary should you become unable to return to your previous form of employment.
A: Injured workers are not required to have a workers’ comp attorney represent them in order to pursue workers’ compensation benefits. However, many workers in Texas find comfort and peace of mind in having a legal professional look out for their rights and guide them through what is often a complicated and intimidating process.
Serving San Antonio, Odessa, Lubbock, Abilene and Surrounding Communities
If you or a loved one has been hurt in a workplace accident, we have the resources and experience necessary to achieve the best possible outcome. Contact us today for a no-risk consultation with a lawyer.
San Antonio, Odessa, Lubbock or Abilene
for a free consultation. No fee if
there is no recovery.