Get the Benefits You Need and Deserve after a Workplace Injury
Your work is your livelihood, the way you provide as home and a life for yourself and your family. But it can also be a dangerous place, particularly in today’s business culture, where profit and productivity are often placed above worker safety. Statistics from the U.S. Department of Labor confirm the dangers inherent on the job, with more than two million work-related injuries reported annually across the United States.
When you’ve been hurt at work, your first thought is typically about workers’ compensation benefits. As in all other states, work comp is available in the Lone Star State. Texas takes a slightly different approach, though, allowing employers to choose not to subscribe to the workers’ compensation system. As a practical matter, though, more than two-thirds of all eligible employers in Texas participate in the state workers’ compensation program. You can still face significant obstacles, though, when you file a claim. Bailey & Galyen can help.
The Proven Workers’ Compensation Attorneys at Bailey & Galyen
At Bailey & Galyen, we have provided full-service legal counsel to personal injury victims in San Antonio and across Texas for over 40 years, including clients who have suffered any type of injury or illness on the job. Since we opened our consumer law practice nearly half a century ago, we have recovered hundreds of millions of dollars in settlements and verdicts for clients who have suffered needless injury because of the carelessness or negligence of others. We built our thriving practice on hard work, a commitment to listen and a promise to provide the highest levels of client service. We’ll take the time to learn exactly what happened to you, as well as your goals, so that we can tailor our representation to get the results you want. We’ll promptly apprise you of any developments in your case, carefully explaining your options, as well as your chances of success, so that you can make smart decisions about how you want to proceed.
At Bailey & Galyen, we offer a free initial consultation to anyone with a potential workers’ compensation claim. To schedule an appointment with a results-oriented San Antonio work injury lawyer, contact us by email or call our offices at 844-402-2992.
Contact an Experienced San Antonio Work Comp Attorney Immediately after Your Accident
In all other states, qualified employers must participate in the government’s workers’ compensation program. For that reason, workers’ compensation is typically considered to be the “exclusive remedy” for any work-related injury—an employee may not file a personal injury lawsuit in court to recover for work-related losses.
In Texas, though, employers are not required to subscribe to the state’s workers’ compensation system, though most do. If your employer subscribes to the Texas workers’ compensation system, you’ll want to let your employer know about your injury or illness as soon as possible. You also want to retain experienced legal counsel right away. In fact, if you hire an attorney before you notify your employer, your lawyer can be your liaison with the company and the worker’s compensation insurance provider throughout the legal process. Your attorney can also ensure that all paperwork is correctly prepared and filed.
If your employer does not subscribe to the Texas workers’ compensation program, you must file a personal injury lawsuit in court to seek compensation for your losses. In such a situation, the sooner you hire qualified legal counsel, the better your rights will be protected.
How Do You Prove a Workers’ Compensation Claim in Texas?
Technically, a workers’ compensation claim falls under the legal principle of “strict liability.” In most personal injury claims, which are based on allegations of negligence, you must show that the defendant (party from whom you seek compensation) failed to act reasonably under the circumstances. With a work comp claim, because it’s based on the principle of strict liability, you only need to show two things:
- that you suffered an injury, and
- thatyour injury was “work-related.”
In most instances, you can still be eligible for workers’ compensation benefits, even if you were hurt on a break, while traveling outside of the office or at a work-related social event.
What Types of Workplace Accidents Are Most Common in San Antonio, Texas?
The vast majority of workplace accidents involve:
- Over exertion by a worker—Working too many hours, lifting things that are too heavy, or doing any other work that puts undue stress or pressure on your back, knees, legs or any other part of your body
- Slips, trips and falls on worksite debris, tools, equipment or building materials
- Repetitive stress or motion—Injuries caused by continual or repeated pushing, pulling, standing, sitting, kneeling, typing, squeezing, or lifting
- Dangerous or defective tools, machinery, equipment or products
- Exposure to toxic or hazardous chemicals, substances or other materials
- Unsafe work environments, such as working conditions without appropriate necessary safety measures or adequate lighting
- Workplace violence, including fights or assaults
- Work-related stress, tension or anxiety
What Types of Injuries Most Often Occur in San Antonio Workplace Accidents?
The most frequently reported injuries to workers include:
- Traumatic injuries because of the breakdown or malfunction of machines, tools or equipment
- Cuts, bruises and fractures from slips, trips and falls
- Injuries or illness caused by exposure to dangerous or toxic substances
- Neck, back and leg injury due to repetitive stress or motion, or to attempting to lift heavy weights
- Disc injuries caused by lifting, bending, squatting, pulling or pushing
- Cuts and scratches from box cutters, letter openers, tools and office equipment
What Losses Are Covered by Texas Workers’ Compensation Benefits?
Texas workers’ compensation payments include reimbursement for any lost income, as well as reimbursement or payment of all reasonable and necessary medical expenses related to or stemming from an injury. In addition, if your injuries make it difficult or impossible for you to return to your previous job, you may be eligible for vocational rehabilitation benefits. Furthermore, if a family member dies on the job, you may qualify for death benefits, including the costs of funeral and burial.
How Are Work Comp Benefits Calculated in Texas?
To determine the amount you will receive, the workers’ compensation insurance company will first determine your average weekly wage (AWW) for the 13 weeks immediately preceding your injury. That includes health insurance premiums, car allowance and many other benefits. Your payments will be capped at 70% of your average weekly wage, but because you pay no income tax on those benefits, the amount you receive will be approximately the same as your take-home pay before the injury.
Can You Ever File a Personal Injury Lawsuit after a San Antonio Work Injury?
If your employer subscribes to the Texas work comp system, the benefits available through a workers’ compensation claim will often be your only source of recovery.
That’s not always the case, though. That’s because the benefits available through a work comp claim apply only to the wrongful acts of your employer or a co-worker. If your injuries were caused by an unrelated third party, including the driver of a motor vehicle who causes a work-related accident or the manufacturer of a dangerous or defective tool or machine, you can often file a third-party claim in the civil courts to recover personal injury damages from that party. In some situations, you may be able to file a third-party claim simultaneously with a workers’ compensation claim.
If your employer does not participate in the state’s work comp program, you must file a personal injury lawsuit seeking damages.
How Can Bailey & Galyen Protect Your Rights after a San Antonio Workplace Injury?
At Bailey & Galyen, we have successfully represented injured workers throughout Texas for more than 40 years. We have a comprehensive knowledge and understanding of the Texas workers’ compensation laws and can help you at any stage of the workers’ compensation process, whether you have just been hurt or your claim has been filed and denied. We can prepare and file your application for benefits, as well as any other documents required to finalize and approve your claim. We will also be your advocate in all hearings, meetings or proceedings, including any appeals.
Bailey & Galyen—Protecting Your Rights in Any Type of Workers’ Compensation Claim
At Bailey & Galyen, we fight for injured workers who have suffered any type of physical or emotional injury in the workplace. Our lawyers take work comp claims involving occupational illness or disease and will also help you seek benefits for any mental injury or illness resulting from your employment.
Contact Our Offices for a Free Initial Consultation
Get all the benefits you need and deserve! Let Bailey and Galyen help you recover full and fair compensation after a San Antonio, Texas workplace injury.
At Bailey & Galyen, we are committed to your total satisfaction. We can take your call anytime, 24 hours a day, seven days a week. We will set up an evening or weekend meeting, if necessary, and can travel for an appointment.
We offer a free initial consultation to anyone who has been hurt on the job. Call our offices at 1-844-402-2992 or contact us by e-mail to set up an appointment. We handle all personal injury claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
