Vela Firm, PLLC
San Antonio Work Injury Lawyer
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REPORTING THE INJURY TO YOUR EMPLOYER
Every employee who suffers a work injury should immediately notify their employer. The worker should create a written injury report and keep a copy of the report for their records. An injured worker should also file a workers’ compensation claim if applicable. Immediately notifying the employer of an injury and promptly filing a claim can help ensure that benefits will start as soon as possible. As with all injury claims in Texas, there are time limitations and filing requirements that must be met for a worker to pursue his or her rights.
EMPLOYER DOESN’T HAVE WORKERS’ COMPENSATION INSURANCE
Texas is unique in that it is the only state in the U.S. that does not require private employers to provide workers’ compensation insurance. “Nonsubscribers” (employers that do not subscribe to workers’ compensation insurance) are not shielded from personal injury claims. If a Texas employer contributes to the employee’s injury because of the employer’s negligence, the injured worker may be entitled to receive compensation.
One example of a nonsubscriber case is where an employee is injured while performing a skilled task which the employer never trained them to perform. The lack of training makes the employees’ job unsafe, and as a result, the negligence of the employer has contributed to the worker’s injury. Depending upon the circumstances, pursuing an injury claim against a nonsubscriber can be complicated, involving multiple subrogation and reimbursement claims. It is important that injured workers contact a knowledgeable and experienced work injury lawyer as soon as possible.
THIRD-PARTY WORK INJURY CASES
Workers’ compensation insurance does not always provide enough benefits to injured workers. In certain situations, however, an injured employee can pursue both workers’ compensation benefits, and a personal injury claim against a responsible party, provided the responsible party is not the employer. These are known as “third-party” cases (the injured worker is the first party, the employer is the second party, and the responsible person or entity is the third party). Pursuing a third-party claim could result in additional compensation to the injured worker and third-party cases, when applicable, should be pursued by a work accident lawyer along with the workers’ compensation claim.
One example of a third-party injury case is where an employee is injured on the job due to the negligence of another company or its employee. In that situation, the injured employee may be entitled to pursue a personal injury claim against the company responsible for causing the injury. When pursuing the third-party claim, the injured worker may still be able to receive benefits through their employer’s workers’ compensation insurance. However, there are usually complex lien and right-of-reimbursement issues involving several parties when pursuing third-party claims. An experienced and knowledgeable work injury attorney will work through the complexity of any such case to secure a favorable result for the injured worker.
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Get In Touch
If you or a loved one have been injured or have questions regarding representation, do not hesitate to contact our office ASAP. Speak to an attorney now and get the answers you deserve.
VELA FIRM, PLLC
San Antonio, Texas 78240
Office: (210) 802-8889
Fax: (210) 802-2822