Texas Work Injury Lawyer San Antonio
If you were injured at work, Attorney Eric A. Ramos can help you collect the full compensation you deserve. Even if your employer has workers’ compensation insurance, you may be entitled to an additional recovery.
Understanding Your Rights and Options After a Work Injury
When you’ve been injured on the job in San Antonio, navigating the legal landscape can be challenging. While many workplace injuries fall under workers’ compensation, there are situations where you may have grounds for a liability claim. This article will explore your rights and options when pursuing a work injury case in San Antonio, with a focus on liability claims beyond traditional workers’ compensation.
Understanding Liability Claims in Work Injuries
In Texas, the path to compensation for a work injury isn’t always straightforward. While workers’ compensation is a common route, there are scenarios where you might be able to pursue a liability claim:
1. Non-subscriber Employers: If your employer doesn’t carry workers’ compensation insurance (known as a “non-subscriber”), you have the right to sue them directly for negligence. In these cases, the employer loses certain legal defenses, potentially making it easier for you to prove your case and recover damages.
2. Gross Negligence: Even if your employer has workers’ comp coverage, you may be able to sue if your injury resulted from gross negligence or intentional acts.
3. Third-Party Claims: If a party other than your employer contributed to your injury, you might have grounds for a third-party liability claim. This could include manufacturers of defective equipment, negligent contractors, or property owners who failed to maintain safe conditions.
Tell Us About Your Workplace Injury
You May Have a Third-Party Claim
Not all work injuries are caused by the employer. In some cases, third parties may be responsible for causing or contributing to the injury, opening the door to additional compensation through third-party claims.
For example:
- Car Accidents at Work: If you’re injured in a car accident while on the job, you may be able to file a claim against the negligent driver who caused the accident.
- Defective Equipment: If a piece of defective machinery causes your injury, the manufacturer of that equipment may be held liable.
- Subcontractor Negligence: On multi-employer worksites, a subcontractor’s negligence might lead to your injury.
- Property Owner Liability: If your injury occurs due to unsafe conditions on a third party’s property while you are working, the property owner may be liable.
- Gender Discrimination: Gender discrimination in the workplace is illegal in Texas, whether it involves unequal pay, harassment, or denial of opportunities. If you’ve faced discrimination, you have the right to seek justice.
These third-party claims can help you recover compensation that extends beyond what workers’ compensation offers. Pursuing these claims is crucial to ensuring you receive full and fair compensation.
Frequently Asked Questions
What should I do immediately after a work injury in San Antonio?
After a work injury, prioritize your health by seeking medical attention, even if the injury seems minor. Document the accident scene, your injuries, and gather witness information if possible. Report the incident to your employer promptly, but avoid signing any documents from your employer or their insurance company until you’ve consulted a lawyer.
Can I sue my employer for a work-related injury in Texas?
While workers’ compensation laws often protect employers from lawsuits, there are exceptions. If your employer doesn’t carry workers’ compensation insurance (known as a “non-subscriber”), you may be able to sue them for negligence. Additionally, if your injury resulted from gross negligence or intentional acts, you might have grounds for a lawsuit even if your employer has workers’ comp coverage.
What is a third-party claim in a work injury case?
A third-party claim is a lawsuit filed against someone other than your employer who may have contributed to your injury. This could include:
- A manufacturer of defective equipment that led to your injury
- A property owner who failed to maintain safe conditions
- A negligent driver who caused an accident while you were working Third-party claims allow you to pursue additional compensation beyond what workers’ compensation might provide.
How does liability work in Texas work injury cases?
Texas follows a modified comparative negligence rule. If you’re found to be more than 50% responsible for your injury, you may be barred from recovering compensation. If your level of fault is less than 50%, you can still recover damages, but they will be reduced in proportion to your percentage of fault.
What types of compensation can I receive in a work injury liability claim?
In a liability claim, you may be entitled to several types of compensation, including:
- Medical expenses (past and future)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (in cases of gross negligence)
How long do I have to file a work injury lawsuit in Texas?
In Texas, the statute of limitations for personal injury claims, including work-related injuries, is generally two years from the date of the injury. However, there can be exceptions, so it’s crucial to consult with an attorney as soon as possible after your injury.
What if my employer doesn't have workers' compensation insurance?
If your employer is a “non-subscriber” (doesn’t have workers’ comp insurance), you have the right to sue them directly for your injuries. In these cases, the employer loses certain legal defenses, potentially making it easier for you to prove your case and recover damages.
Can I receive compensation for pain and suffering in a work injury claim?
In a liability claim against your employer (if they’re a non-subscriber) or a third party, you can seek compensation for pain and suffering. This is not available in standard workers’ compensation claims.
What should I do if my employer pressures me not to file a claim?
The legality of an employer’s actions in this situation can vary depending on whether they have workers’ compensation insurance and the specific circumstances of your case. If your employer doesn’t have workers’ comp insurance and you’re considering a negligence claim, the situation becomes more complex. It’s crucial to speak with a qualified work injury lawyer to understand your specific rights and options. An attorney can assess your unique situation, explain the potential consequences of filing a claim, and help you make an informed decision about how to proceed.
How can a San Antonio work injury lawyer help with my case?
An experienced work injury lawyer can:
- Investigate the circumstances of your injury
- Identify potentially liable parties
- Handle negotiations with insurance companies
- Ensure you meet all legal deadlines
- Represent you in court if necessary
- Help maximize your compensation
Remember, every work injury case is unique. It’s always best to consult with a qualified San Antonio work injury lawyer to understand your specific rights and options.
Workplace Injury Cases We Handle
- Car and truck accidents
- Electrocutions
- Crane accidents
- Fires and explosions
- Ladder accidents & defective products
- Falls from heights
- Forklift, loading dock & warehouse accidents
- Scaffolding accidents
- Slip and trip injuries
- Third-party claims
- Offshore injuries
Areas of Service in San Antonio
At Eric Ramos Law, PLLC, we understand the overwhelming challenges you face after an injury worrying about medical bills, lost wages, and your recovery. That’s why we’re here to support you every step of the way. We’re committed to providing personalized care and expert legal guidance to help you move forward and focus on what matters most: reclaiming your life.
We proudly serve clients with work injury claims in the following areas:
How to Choose the Right Work Injury Lawyer in San Antonio
Selecting the right lawyer to handle your work injury case is a critical decision. You want to choose someone with experience and a strong track record in handling work injury claims. Local knowledge is also important, as familiarity with San Antonio courts and Texas laws can play a significant role in the outcome of your case. It’s equally important to choose a law firm with the resources necessary to conduct a thorough investigation and, if needed, take the case to trial. Effective communication is vital, so look for an attorney who explains things clearly and keeps you updated on the progress of your case. Personal attention also matters—choose a lawyer who treats you as a person, not just a case number.
Contact Us Today for a Free Consultation
At Eric Ramos Law, we are committed to fighting for injured workers throughout San Antonio. We offer local expertise, a proven track record of securing millions in compensation, and personalized attention for each client. When you work with us, you don’t pay unless we win your case, thanks to our contingency fee arrangement. We also provide bilingual services in English and Spanish and are available around the clock to support you whenever you need us.
Get to Know Us
We are a small firm that is big on service, proudly assisting clients throughout San Antonio, including Alamo Heights (78209), Stone Oak (78258), Downtown San Antonio (78205), and Southtown (78210). As your dedicated personal injury attorney, we remind ourselves to “treat our clients like we treat our family.” Let’s sit down and chat to see if we’re a fit for your needs. Even if we can’t help with your case, we’ll gladly point you in the right direction and get you back on the road to recovery. Call us today at (210) 404-HURT.
Contact Us
If you or a loved one has been injured due to someone else's negligence, don’t hesitate to reach out to us. At Eric Ramos Law, PLLC, our dedicated team is here to listen, answer your questions, and provide the legal guidance you need. If you’re seeking information about our personal injury practice areas in San Antonio or want to discuss your case with a San Antonio injury law firm you can trust, we encourage you to contact us today. Let us help you take the first step toward obtaining the compensation you deserve.
Eric Ramos Law, PLLC
Personal Injury Lawyer San Antonio
Office
7979 Broadway #207, San Antonio, TX, 78209
Phone
Hours
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
Fill out the form to get started with your free evaluation of your San Antonio workplace injury case.