San Antonio is one of the fastest-growing cities in America, with a thriving economy that includes everything from Fortune 500 companies to emerging bioscience startups and a low cost of living that makes it attractive for workers.
All this growth has created jobs in important industries like construction and manufacturing, which, unfortunately, increases the rates of work-related accidents and injuries. The Law Offices of Aaron Allison help people recover their damages when they have been in a workplace accident or personal injury.
Who is Eligible for Workers’ Compensation in San Antonio?
All workers have the right to a safe work environment and to receive compensation after a work-related accident or injury, even if the employee is not a US citizen. In Texas, some classifications of employees (like independent contractors) may not be eligible for workers’ comp and should carry their own insurance.
In most US states, employers are required by law to carry workers’ compensation insurance to cover the costs of lost wages, medical expenses, and other injury-related damages. In Texas, employers are not required to carry workers’ compensation insurance. This can make construction accidents and other types of work-related injury cases more difficult to pursue.
Even when an employer does not have workers’ compensation insurance, workers still have the right to recover their damages. A San Antonio workers’ compensation attorney can help injured workers determine whether workers’ compensation or a personal injury lawsuit is most appropriate in their case.
Because of the complexity of worker protection laws in Texas, only 40 attorneys out of 95,000 are still representing injured workers in workers’ compensation cases. Aaron Allison is proud to serve as a workers’ compensation lawyer in San Antonio, as his family’s firm has for decades.
What Type of Injuries Does Workers’ Compensation Cover?
Workers’ compensation covers all types of work-related injuries and illnesses. While we often think of workers’ comp insurance for dangerous industries like construction and common injuries like slips and falls or accidents with vehicles or machinery, there are many more types of injuries that are eligible for workers’ compensation. If an employee has a repetitive strain injury, illness due to exposure to hazardous work conditions, loss of hearing ability, or other types of work-related conditions, they can claim workers’ comp.
A worker may also be eligible for compensation if they have been injured as the result of the negligence of a third party, even if workers’ comp denies the claim. If you or a loved one have been injured at work, you should consult a San Antonio workers’ compensation attorney to learn more about your rights.
Reasons Why a Workers’ Compensation Claim May be Denied
Workers’ compensation claims may be denied for several reasons. Here are the most common reasons claims are denied:
- The accident may not have happened at work. If workers’ comp believes that the accident did not happen at work, they will deny the claim.
- The injury was not work-related. If an injury was pre-existing or not work-related, they might deny a workers’ compensation claim.
- The employee is at fault. If an employee was using drugs or alcohol or knowingly engaging in reckless or unsafe behavior, workers’ comp would often deny the claim.
- The injury was the fault of a third party. If, for example, you are deliberately injured by another person at work, that person (not workers’ comp) is liable for your damages.
- The employee has left the job. Workers’ comp is more likely to deny a claim if the employee is no longer at the workplace where the injury occurred.
- The claim is for a non-eligible condition. Colds, flu, and other ordinary health conditions are not eligible for workers’ compensation.
- The claim is for an “act of God.” Certain events, like floods, hurricanes, and other natural disasters, can cause accidents and injuries that are not eligible for workers’ comp, even if they happen at the workplace.
- The employee is not covered by workers’ compensation. Independent contractors and other classifications of employees may not be eligible for workers’ compensation.
- The statute of limitations has expired. Employees who have been injured at work have one year to file a workers’ compensation claim. In the case of repetitive injuries and other illnesses without a defined start date, the employee has one year from the date that they learned they had a work-related injury. Claims that exceed the statute of limitations will be denied.
It is very common for claims to be denied and then reconsidered on appeal. In fact, 67% of workers’ comp appeals are successful, resulting in claims that pay out within a year.
If you have filed a workers’ comp claim and they have denied your case, consult with a San Antonio workers’ compensation law firm to find out how to proceed with your case.
How Can Aaron Allison Help?
Injured workers in San Antonio deserve the best legal representation and an attorney who will fight for their rights. Aaron Allison is a second-generation lawyer who has been helping injured workers since 1978, and he is proud to be one of the few workers’ compensation attorneys in Texas.
Aaron Allison offers free consultations, and we work on contingency, so you don’t pay anything unless we recover in your case. If you or a loved one have been injured at work or have had a claim denied, contact us today to learn more about your rights.