Workers’ Compensation Attorney San Antonio, TX

You must notify your employer of your injury within 30 days of the incident or within 30 days of discovering a work-related illness. You must then file a claim directly with the Texas Department of Insurance, Division of Workers' Compensation within one year of the injury date. Missing either deadline can jeopardize your claim.

Injured workers covered by workers' comp may receive payment for medical treatment, a wage replacement benefit of approximately 70% of their pre-injury average weekly wage, impairment income benefits if a permanent impairment rating applies, and in fatal cases, limited burial costs and death benefits for eligible beneficiaries. The insurance carrier frequently disputes these benefits, which is why having an attorney matters.

Insurance companies are for-profit businesses with strong incentives to limit what they pay out. Disputes can involve denying the entire claim, challenging the extent of your injuries, limiting wage replacement, or disputing your impairment rating. Espinoza & Brock handles all of these disputes and advocates for injured workers through the Division of Workers' Compensation process and, when necessary, in court.

There are rules that govern treating doctor selection under the Texas workers' comp system. Generally, you will be assigned or guided toward a network physician, and changing doctors requires approval. An attorney can help you understand your options and, when appropriate, advocate for a change of treating doctor if the current arrangement is not serving your recovery.

If your injury results in permanent impairment, you are entitled to impairment income benefits calculated using the AMA Guides, 4th Edition. You receive three weeks of compensation for each percentage point of whole-body impairment assigned. For the most serious injuries, lifetime income benefits may be available by statute. These ratings are often contested by insurance carriers.

Yes. The Texas workers' compensation system covers occupational illnesses and diseases that arise out of work conditions, as well as repetitive trauma injuries such as carpal tunnel syndrome or chronic back injuries that develop over time. Proving these claims can be more complex than a single incident, but they are compensable.

You are not required to have one, but the workers' compensation system is complicated, full of deadlines, and administered by insurance carriers whose interests are opposed to yours. Amanda J. Spencer, Workers' Compensation Partner at Espinoza & Brock, is Board Certified in Workers' Compensation Law by the Texas Board of Legal Specialization, one of the only claimant-side attorneys in the Greater San Antonio Area with that credential. Having her and her team in your corner makes a real difference.

Non-subscribing employers in Texas give up key legal defenses and can be sued directly for workplace negligence. In many cases, this opens up broader compensation than the workers' comp system would provide, including damages for pain and suffering. Espinoza & Brock is one of the few firms in Texas that handles every aspect of both subscriber and non-subscriber injury cases.

It depends on the complexity of the injuries, the disputes raised by the insurance carrier, and whether the case goes to a contested case hearing or court. Some straightforward claims resolve within months. Others involving serious injuries, denied claims, or impairment disputes can take a year or longer. The firm keeps clients informed throughout the process and works to move cases forward as efficiently as possible.