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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 suffered a personal injury.
Immediately after a work-related injury, you should notify your employer, seek medical care, and document the incident. Texas law requires that workplace injuries be reported to the employer within 30 days of the accident to preserve workers’ compensation benefits eligibility. If the injury is severe, your first step should be to seek emergency medical care.
Here are the critical steps to take:
Failing to take these actions within the required timeframes can jeopardize your ability to file a claim. According to the City of San Antonio’s Workers’ Compensation Guidebook, immediate reporting and proper documentation are essential to support your allegation.
In San Antonio, most private employers are not legally required to carry workers’ compensation insurance due to Texas’s unique opt-out system. However, government employers, such as school districts and municipalities, must provide workers’ compensation coverage.
Employers who opt into workers’ comp insurance are responsible for covering injuries or illnesses sustained by employees during employment. For those who don’t subscribe (known as non-subscribers), injured employees may have to pursue compensation through a personal injury lawsuit.
According to Bexar County’s overview of workers’ compensation, employers who opt into the system provide benefits covering medical costs, lost wages, and other injury-related expenses. Public entities like the City of San Antonio must maintain employee workers’ compensation coverage.
Workers’ compensation is a form of insurance for companies and employers. If an employee gets injured, becomes sick, or is disabled due to a workplace accident or incident, workers’ compensation pays that employee for their medical costs, lost wages, and other expenses. Workers’ compensation insurance protects employers from personal injury lawsuits and other liability risks while providing fair compensation to employees.
In San Antonio, workers’ compensation is administered through the Texas Department of Insurance (TDI). When an employee is injured at work, the injury is reported to the TDI, who then opens a claim. If the claim is accepted, workers’ compensation benefits are paid directly to the employee or their surviving family members in the case of a fatality. If the claim is denied, the employee may appeal the decision through the TDI.
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.
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.
Personal Injury & Accident Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
A San Antonio workers’ compensation claim pays several different benefits to injured employees. The most common workers’ comp benefits are:
All medical costs and expenses related to the injury are paid for through workers’ comp benefits as long as they are approved by the doctor who is treating the condition. These costs might include medical visits, surgery, therapies, medications, and medical devices used at home.
If the illness or injury caused you to miss time at work, workers’ compensation will pay some of the lost wages through the Temporary Income benefit. The amount of the temporary income benefit depends on your wages. For workers who earn less than $10/hour, the benefit pays 75% of your average weekly earnings. For workers who earn more than $10/hour, workers’ comp pays 70% of average weekly earnings. State law sets upper and lower limits to these weekly amounts, and injured workers can claim the temporary income benefit for up to 104 weeks.
If you were severely injured at work and are unable to return to your previous earning capacity, you may also qualify for the Supplemental Income benefit. For workers who return to work at less than 80% of their previous wages, suffer permanent impairment, or meet other conditions, this benefit provides a supplement to your post-injury income. The supplemental income benefit is equal to 80% of the difference between the amount you earned before and the amount you are earning after the injury and can be claimed for up to 401 weeks.
In the case of severe workplace injuries with lifetime impairment, including blindness, limb amputation, and other permanent disabilities, workers’ compensation pays a lifetime benefit. The lifetime total disability benefit is equal to 75% of your pre-injury earnings and goes up by 3% every year.
If a family member dies in a work-related accident, the survivors can claim workers’ compensation death benefits. Workers’ compensation will pay the survivors an amount equal to the temporary income benefit, compensate the family for the costs of any medical care received before death, and pay $10,000 for burial expenses.
All workers’ compensation benefits are subject to specific conditions and limitations, so it is best to discuss your specific case with a workers’ compensation attorney to ensure you are getting all the benefits you are entitled to.
The primary difference between an employee and an independent contractor in San Antonio is how the employer classifies and manages the worker. Employees work under direct supervision, have set schedules, and are eligible for benefits like workers’ compensation if their employer participates in the program.
On the other hand, independent contractors control their work processes and are not typically eligible for workers’ compensation. Employers sometimes misclassify employees as independent contractors to avoid paying benefits, which could lead to disputes. Proper classification is critical for determining eligibility under Texas workers’ compensation laws, as outlined in the state’s filing requirements.
In San Antonio, a work-related injury or illness is defined as any injury, illness, or condition directly caused by work duties or exposure in the workplace. This includes sudden accidents (e.g., falls, equipment malfunctions) and conditions that develop over time (e.g., repetitive stress injuries, occupational illnesses).
Even injuries sustained while commuting for work purposes may qualify. Nevertheless, proving the connection between the injury and job duties is critical, and proper documentation will strengthen your claim.
The most important part of filing a workers’ compensation claim in San Antonio is to report your injury, in writing, to your employer as soon as possible. Injuries that are not reported within 30 days will not be eligible for a workers’ comp claim. Generally speaking, the process of filing a workers’ comp claim in San Antonio is as follows:
Texas has a statute of limitations on workers’ compensation claims. It is important to report the injury within 30 days and file a workers’ comp claim within two years of the incident.
Hiring a workers’ compensation attorney in San Antonio ensures your rights are protected and your claim is as strong as possible. An attorney can assist in gathering evidence, negotiating with insurance companies, and appealing denied claims. They are beneficial in cases involving non-subscriber employers or disputes over the extent of benefits.
Injured workers may need legal support to secure the compensation they are entitled to under Texas law. A skilled attorney can maximize your benefits and provide peace of mind.
Workers’ compensation attorneys provide comprehensive legal services, including filing claims, negotiating settlements, and representing clients in court if necessary. They also investigate claims, handle documentation, and communicate with insurance companies on your behalf.
Their role is to level the playing field and protect your best interests. With their expertise, you’ll be better equipped to navigate the workers’ compensation process.
You must file your workers’ comp claim within one year of the injury date. Additionally, you must notify your employer of the injury within 30 days of the accident.
You must meet these deadlines to ensure your claim is allowed, making it critical to act promptly. An attorney can ensure your claim is filed within the appropriate time frame.
Workers’ comp claims in San Antonio may be denied due to missed deadlines, insufficient evidence, or disputes over the injury’s work-related nature. Other reasons include pre-existing conditions and failure to follow employer or medical instructions.
When a claim is denied, you have the right to appeal. An experienced lawyer can help identify the cause of the denial and build a stronger case on your behalf.
Texas is the only state that does not require private employers to carry workers’ compensation insurance. These employers are called “non-subscribers,” and they have additional risks and liabilities that subscribing employers do not have.
In the event of a workplace accident or injury, employers are still required to compensate employees, even if they do not carry workers’ compensation insurance. A non-subscribing employer may choose to compensate injured employees privately, so that the company itself reviews injury reports, receives medical records, and pays injured employees. Or the company may choose to carry various types of private insurance that offer different benefits and have their own claims processes for injured employees.
For example, a non-subscribing employer may choose to offer medical insurance, accident insurance, disability insurance, and life insurance. There are also private insurance companies that offer workers-comp-like policies without mandated benefits or government oversight.
Depending on the industry, a company may also offer special insurances or benefits for specific risks, like exposure to hazardous materials, certain types of cancer, and other specific conditions. Each of these policies may have different coverage levels, benefits, and claims procedures, and each of them may apply to an injured employee or their loved ones in the event of a workplace injury.
Non-subscribing employers are required by law to inform new hires in writing that they are not covered by workers’ compensation and explain their alternative compensation processes. They are also required to post this information prominently in the workplace, in shared areas like break rooms and hallways where all employees have access to this information. If you work for a non-subscribing employer, read your company’s policies and procedures carefully so you know what to do if you are injured at work. Make sure that this information is also available to family members or loved ones who may have to pursue a claim on your behalf if you are incapacitated.
Importantly, workers’ compensation insurance protects employers from liability in personal injury claims, and non-subscribing employers do not have this protection. If you work for a non-subscribing employer, and are injured at work, and do not receive adequate compensation for your injuries, you should speak with a San Antonio personal injury attorney. You or your family members may be able to sue for your medical costs, lost wages, pain and suffering, and more.
Workers’ compensation claims may be denied for several reasons. Here are the most common reasons claims are denied:
If your workers’ compensation claim is denied, it is critical to appeal the denial and continue to pursue your case. You have the right to have your denial reviewed and reconsidered and your case argued in court. It is very common for claims to be denied and then reconsidered on appeal. In fact, 67% of workers’ comp denial appeals are successful, resulting in revised claims that pay out within a year.
The workers’ compensation appeal process is extremely long, with many levels of appeal and reconsideration, and each step increases in formality. Here is an overview of the process:
Remember that your employer will have a team of expert attorneys fighting your appeal at every stage. 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.
The San Antonio workers’ compensation system is designed for the most common types of workplace accidents, incidents, and injuries. If you have an exceptional case, you may find that your claim is denied or handled incorrectly simply because the nature of the claim is unusual. Some types of workplace accidents and injuries that require special care include:
If you or a loved one have a work-related injury and feel that the medical system or the workers’ compensation system are not handling your case correctly, it is best to speak with an attorney and learn more about your rights and options.
Under workers’ compensation in San Antonio, you can receive benefits for medical expenses, lost wages, and permanent disability. These benefits cover treatments, rehabilitation, and a portion of your income if you’re unable to work.
The benefits’ type and extent depend on the injury’s severity and your ability to return to work.
The duration of workers’ compensation benefits in San Antonio varies based on the injury. Temporary benefits are provided until you return to work or reach maximum medical improvement (MMI). In contrast, permanent disability benefits can extend for several years.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
Yes, surviving spouses in San Antonio may receive death benefits under workers’ compensation. These benefits typically include a percentage of the deceased worker’s average weekly wage and coverage for funeral expenses.
If your employer in San Antonio does not have workers’ comp insurance, you can pursue compensation through a personal injury lawsuit. This may include damages for medical expenses, lost wages, and pain and suffering.
Non-subscriber cases require evidence of employer negligence, so consulting a lawyer is highly recommended.
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 practicing 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.
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If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney you’re used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.
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When you schedule your free consultation with a personal injury and accident lawyer in San Antonio, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
To begin the process of filing a personal injury lawsuit, you should schedule a consultation with an experienced personal injury attorney in Austin. During the initial meeting, you will present the details of your claim to your attorney, including how your injury occurred, and the circumstances under which it occurred. If you agree to hire that attorney, then he or she will file a personal injury claim on your behalf, and the process will go from there.
It can take months, or, in some cases, years to settle a personal injury claim. The duration of the case will depend entirely upon the facts and circumstances of the claim. Some cases will take at least a year from the time the complaint is filed to settle, while others could take about six months. Talk to our Austin personal injury attorneys to get an idea of how long your personal injury claim could potentially take to settle.
In the state of Texas, a personal injury claim must be filed no later than two years after the date of the accident. However, certain circumstances can affect the statute of limitations for your injury claim. Consult with a Texas personal injury attorney to receive the most accurate information.
You should discuss this question with a personal injury attorney during an initial consultation. However, generally speaking, your attorney will start at a number which is higher than what you actually want. This number will include your medical expenses, lost wages, future lost wages, pain and suffering and other damages. By starting high, the insurance company may offer a lower amount, allowing you to meet in the middle at an amount closer to what you actually wanted.
Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer’s fees for representing you will be deducted from your final settlement. You should always ask a personal injury lawyer what his or her fee will be during an initial consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 512-474-8346