Workplace injuries can happen in an instant, but their consequences can last a lifetime. Whether you’ve been hurt on a construction site, injured in a warehouse accident, or developed a repetitive stress injury from years of physical labor, you deserve fair compensation for your medical expenses, lost wages, and suffering.
San Antonio workers’ compensation lawyers from Singh Ahluwalia Attorneys at Law are here to help you navigate the complex claims process and fight for the benefits you’re entitled to under Texas law.
Singh Ahluwalia Attorneys at Law serves injured workers across Bexar County and throughout South Texas. We hold employers and insurance carriers accountable when they deny, delay, or underpay legitimate workers’ compensation claims.
Do I Need a San Antonio Workers’ Compensation Attorney?
Workers’ compensation is generally understood to be a straightforward process. It is a “no-fault system,” which means regardless of who caused your injuries, you are guaranteed medical care and some portion of lost wages.
In practice, unfortunately, things aren’t always that simple. Several complications often arise that might warrant the aid of a San Antonio workers’ compensation attorney.
- Claim Denials: Delays and denials are some of the most common problems claimants face, and oftentimes, it’s not something the employer can do anything about. Insurers have their own legal teams that will argue an injury was not work-related, or that a deadline was missed, or that evidence is insufficient.
- Medical Disputes: Both insurers and employers have a vested interest in disputing the length and quality of medical treatment. Insurers, because they directly pay for the treatment, but employers also, because their premiums are directly affected.
- Company Pressure: Employers want to keep you safe, but they also want you to get back to work quickly because it lowers their costs. This can impact the treatment that employees can access.
- Company Retaliation: While illegal, retaliation does happen in many forms, from demotions to harassment or even layoffs.
Having an experienced lawyer on your side protects you from these risks.
What Is Workers’ Compensation?
Workers’ compensation is a program that guarantees a layer of insurance protection for people injured at work or in the middle of performing work-related duties. In exchange for this protection, employees often agree not to take legal action against their employers.
While all states have workers’ comp legislation, it is not a federally mandated program, which means how it is handled varies across the US. Texas happens to be the only state where workers’ compensation is optional, at least for private employers.
How Workers’ Compensation Works in Texas
Texas’s unique workers’ compensation system requires careful navigation. Here’s what you need to know:
- Subscriber vs. Non-Subscriber Employers: If your employer carries workers’ compensation insurance (a “subscriber”), you’re generally entitled to benefits regardless of who was at fault for the injury. In exchange, you typically cannot sue your employer in court. However, if your employer doesn’t carry coverage (a “non-subscriber”), you retain the right to file a personal injury lawsuit, but you must prove the employer’s negligence caused your injury.
- Reporting Requirements: You must report your workplace injury to your employer within 30 days of the accident or from when you first realized your condition was work-related. Failing to meet this deadline can jeopardize your claim.
- Filing Deadlines: For subscriber employers, you must file your claim with the insurance carrier within one year of the injury. For non-subscriber cases, the general two-year personal injury statute of limitations applies.
- Benefit Eligibility: To qualify for workers’ compensation benefits, your injury must have occurred in the course and scope of your employment. This includes injuries that happen while performing job duties, even if they occur off-site or during breaks in some circumstances.
Types of Workers’ Compensation Benefits Available
Texas workers’ compensation provides several categories of benefits to injured workers:
- Medical Benefits: All reasonable and necessary medical treatment related to your workplace injury should be covered, including emergency care, hospitalization, surgery, prescription medications, physical therapy, rehabilitation services, and medical equipment. The insurance carrier controls which doctors you see, as you must treat with providers in their approved network.
- Income Benefits:
- Temporary Income Benefits (TIBs): If your injury prevents you from working while you recover, you may receive weekly payments equal to 70% of your average weekly wage for up to 104 weeks.
- Impairment Income Benefits (IIBs): Once you reach maximum medical improvement but have permanent impairment, you may receive benefits based on your impairment rating for up to three weeks per percentage point of impairment.
- Supplemental Income Benefits (SIBs): If you have an impairment rating of 15% or more and haven’t returned to work earning at least 80% of your pre-injury wages, you may qualify for extended benefits.
- Lifetime Income Benefits (LIBs): Reserved for the most catastrophic injuries, such as loss of both legs or arms, total blindness, or severe brain injury, these benefits continue for life.
- Death Benefits: If a workplace injury proves fatal, the worker’s dependents may receive burial expenses up to $10,000 and ongoing income benefits.
Common Reasons Workers’ Compensation Claims Are Denied
Understanding why claims get denied helps you avoid these pitfalls:
- Late Reporting: Failing to report your injury to your employer within 30 days is one of the most common reasons for denial.
- Insufficient Medical Evidence: Insurance carriers often dispute the severity of injuries or claim that medical treatment isn’t related to the workplace accident.
- Pre-Existing Conditions: Adjusters may argue your condition existed before the workplace injury, even when work aggravated or worsened a pre-existing problem.
- Off-the-Clock Claims: The insurance company may assert the injury didn’t occur during work hours or in the course of employment.
- Intoxication or Horseplay: If the carrier can show you were intoxicated or injured while engaging in horseplay, your claim may be denied.
- Independent Contractor Status: Employers sometimes misclassify workers as independent contractors to avoid providing benefits.
Common Workplace Injuries in San Antonio
Understanding the types of injuries most frequently seen in workers’ compensation claims helps establish the foundation for a strong case. The most common workplace injuries in our area include:
- Construction Accidents: San Antonio’s booming construction industry sees numerous accidents involving falls from heights, scaffolding collapses, being struck by falling objects, electrocution, and equipment malfunctions. Construction workers face some of the highest injury rates of any profession.
- Repetitive Stress Injuries: Office workers, warehouse employees, and manufacturing personnel often develop conditions like carpal tunnel syndrome, tendonitis, and chronic back problems from performing the same motions repeatedly over extended periods.
- Slip and Fall Accidents: Wet floors, cluttered walkways, inadequate lighting, and uneven surfaces lead to serious injuries across all industries, from retail stores to medical facilities.
- Vehicle Accidents: Delivery drivers, truck drivers, and employees who drive as part of their job duties may suffer injuries in traffic collisions while working.
- Machinery Accidents: Manufacturing facilities, warehouses, and industrial sites pose risks of crush injuries, amputations, and other catastrophic harm when equipment malfunctions or proper safety protocols aren’t followed.
- Exposure to Hazardous Materials: Workers in chemical plants, laboratories, and industrial settings may suffer injuries from toxic exposure, chemical burns, or respiratory problems from inhaling dangerous substances.
- Workplace Violence: Unfortunately, assaults and violent incidents can occur in any workplace, particularly in healthcare settings, retail establishments, and security positions.
How Long Do I Have to File a Workers’ Compensation Claim in San Antonio?
Time limits in workers’ compensation cases are strict and unforgiving. For subscriber employers, you have one year from the date of injury to file your claim with the Texas Department of Insurance, Division of Workers’ Compensation.
Missing this deadline means losing your right to benefits.
For non-subscriber employer cases pursued as personal injury lawsuits, the standard two-year statute of limitations applies from the date of injury.
Some exceptions exist for occupational diseases that develop gradually, where the clock may start when you first become aware of the condition and its connection to your work.
San Antonio Workers’ Compensation FAQ
How much does a workers’ compensation lawyer cost?
At Singh Ahluwalia Attorneys at Law, we work on a contingency fee basis for workers’ compensation cases. This means we only get paid if we recover benefits for you. Our fee is a percentage of the benefits we secure, and you never pay anything out of pocket upfront. If we don’t win, you owe us nothing.
What if my employer doesn’t have workers’ compensation insurance?
If your employer is a non-subscriber, you can file a personal injury lawsuit in civil court. Non-subscriber cases often allow for greater compensation because you’re not limited to workers’ compensation benefits, but you must prove the employer’s negligence caused your injury.
Can I choose my own doctor?
With subscriber employers, you’re generally required to receive treatment with doctors in the insurance carrier’s approved network. However, you have the right to request a change of doctor once during your treatment if you’re unsatisfied with your care.
Contact a San Antonio Workers’ Compensation Lawyer Today
You shouldn’t have to fight insurance companies alone while trying to recover from a workplace injury. The system is designed to be complex, and carriers count on injured workers giving up or accepting inadequate settlements.
Our San Antonio personal injury attorneys have the experience, dedication, and resources to take on insurance companies and secure the full benefits you deserve. We handle every aspect of your claim so you can focus on healing.
Call Singh Ahluwalia Attorneys at Law at (210) 293-7517 or fill out our free case review form today. Let us fight for your rights while you focus on recovery.
