Employee Rights: Seeking Compensation for Job-Related Injuries

Regardless, employers are still responsible for their employees and ensuring there is a safe working environment. Injuries suffered on the job can be very serious, and in some cases, severely impact your ability to work for quite some time. You have rights in this situation, and you can recover losses due to being hurt at work with the help of a lawyer knowledgeable in this area of the law.

Many Workplaces Are Inherently Dangerous

Texas has the second largest economy in the nation and a huge labor force.  According to the Texas Department of Insurance, there were almost 180,000 reported non-fatal injuries to Texas workers in 2021. https://www.tdi.texas.gov/wc/safety/sis/nonfatalhomepag.html. There were also 533 Texas workers who suffered fatal injuries while at work in 2021, 64 more than died in 2020. By far, the majority of those killed work in the transportation, warehousing, and construction industries. Many of the state’s industries such as construction, warehouses, manufacturing and others involve extra safety measures to protect workers from accidents in environments involving large, fast-paced machinery and vehicles and other moving items.  When there is negligence, faulty equipment or lax safety standards then serious injuries can occur to employees including:

  • Head Injuries
  • Lacerations
  • Contusions
  • Broken Bones
  • Back and Spinal Injuries
  • Burns
  • Amputations
  • Internal Injuries
  • Crush Injuries
  • Injuries Resulting in Death

Schedule a consultation to see how our work injury attorneys in San Antonio can help.

What is an Employer Responsible for When an Employee Is Injured?

If your employer carries workers’ compensation insurance, you are entitled to benefits for medical bills, continuing medical care, a portion of your lost wages, and lost earning potential in some cases.  If your employer does not carry workers’ comp, you still have options and a workplace injury lawyer can help hold your employer accountable for its negligence in causing your on-the-job injury.

Many times, we can identify other companies who were negligent and may also be liable for your injuries, regardless of whether your employer has workers’ compensation insurance or not. The important thing is making sure that the negligent party is held liable for the expenses and repercussions you have experienced as a result of being injured while working.

Your employer or the insurance company may try to dispute your claim to compensation or challenge that it really was work-related.  We make sure that workers are not taken advantage of or mistreated when seeking due recourse for a workplace injury.

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Choose a Workplace Injury Attorney With a Firm Dedicated To Protecting Workers’ Rights

Espinoza & Brock was founded by Javier Espinoza, who understands firsthand the impact of an on-the-job injury on you and your family. Javier is a first-generation American immigrant, and he and his father worked construction jobs to support their family. Javier’s parents inspired him to excel in school, and now he is able to pay it forward to others who need his help. He built an office in San Antonio and aims to reach as many Texas communities as possible to assist workers in need of quality, ethical legal representation—regardless of their legal status. Every member of our team is passionate about helping workers get what is fair when they have been hurt at work. We understand that you simply want to recover, take care of your family, and return to work. When you come to us for help at Espinoza & Brock, you become part of our family, and we work diligently to ensure you receive the compensation you need for your work-related injury.

Contact Espinoza & Brock as Soon as Possible After a Work Accident That Left You Injured

If you, your husband or wife, father or mother, or other loved one has been injured at work, then you should get the help of an workplace injury attorney right away.  We are one of the very few firms in the state that can handle all aspects of a workplace injury case.  Schedule a free initial consultation if you have been injured or have a case involving any of the following:

  • Non-Subscriber to Workers’ Compensation Insurance
  • Injured Due to the Fault of Another Company
  • Workers’ Compensation Claim
  • Construction Injuries
  • Warehouse Injuries
  • Manufacturing Injuries
  • Injuries to Healthcare Workers
  • Unsafe Workplace

Get the Legal Help You Need to Protect Yourself and Your Family

The last thing you need when you have been injured is to then worry about the financial burden this situation has put you in.  Our work injury attorneys in San Antonio can help take that burden off your shoulders and make sure you get fair compensation for your medical bills and lost wages.  Call now and see what we can do for you in a free case evaluation.

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Work Injuries FAQs

What should I do right after a work injury in Texas?

Does my employer have to carry workers' compensation insurance?

What happens if my employer does not have workers' compensation insurance?

What types of injuries are typically covered?

Can I still file a claim if another company, rather than my direct employer, that caused my injury?

My employer is disputing that my injury happened at work. What can I do?

What compensation can I recover for a work injury?

Can undocumented workers file a work injury claim in Texas?

What should I do right after a work injury in Texas?

Report your injury to your supervisor as soon as possible. In Texas, workers covered by workers' compensation insurance must report their injury within 30 days to preserve their right to benefits. Seek medical attention, document what happened, and contact an attorney before you give any recorded statements to your employer or their insurance company.

Does my employer have to carry workers' compensation insurance?

No. Texas is the only state in the country that does not require most private employers to carry workers' compensation insurance. Many major employers, including large retail chains, restaurant groups, and warehousing operations, opt out entirely. Whether your employer subscribes or not, you may still have legal options.

What happens if my employer does not have workers' compensation insurance?

Non-subscribing employers lose certain legal protections they would otherwise have under Texas law. That means you can sue them directly for negligence in civil court and recover damages beyond what the workers' comp system would allow, including pain and suffering. These cases are often stronger for injured workers, not weaker.

What types of injuries are typically covered?

Work injury claims can cover a wide range of injuries: broken bones, back and spinal injuries, traumatic brain injuries, amputations, burns, crush injuries, lacerations, and in fatal cases, wrongful death claims. If the injury occurred during the course and scope of your employment, it may qualify.

Can I still file a claim if another company, rather than my direct employer, that caused my injury?

Yes. If a third party, such as a subcontractor, equipment manufacturer, or delivery company, contributed to your injury, you may have a separate civil claim against that party in addition to any workers' compensation benefits. Identifying all responsible parties is one of the first things Espinoza & Brock does in every case.

My employer is disputing that my injury happened at work. What can I do?

This happens regularly. Employers and their insurance carriers routinely challenge whether an injury was truly work-related. An attorney can help gather medical records, witness accounts, surveillance footage, and safety violation history to build a clear picture of what actually happened and where.

What compensation can I recover for a work injury?

Depending on your situation, you may be entitled to medical bills, ongoing treatment costs, lost wages, lost earning capacity, impairment benefits, and in non-subscriber cases, damages for pain and suffering. In wrongful death cases, surviving family members may also recover burial costs and loss of support.

Can undocumented workers file a work injury claim in Texas?

Yes. Immigration status does not affect your right to workers' compensation benefits or your right to pursue a civil claim for a work injury. Espinoza & Brock represents all workers regardless of legal status, and everything discussed with the firm remains confidential.

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