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Do I Have a Claim?

If you were injured while working in Texas, or you were injured out of state but you were hired or recruited in Texas, you may have a claim for compensation. Although the State of Texas does not require employers to carry workers’ compensation insurance, it does require employers to notify employees if they don’t. Even if your employer doesn’t carry workers’ comp insurance, it may still be possible to receive due compensation for your workplace injuries or illness. Such circumstances come under “non-subscriber work injuries,” which we are just as passionate about handling for our clients so they aren’t unjustly left without the medical and financial help they desperately need to recover. If you’re not sure whether or not you have a workers’ compensation or a non-subscriber claim, call us today so we can help you, because these cases each have very different requirements for you to meet in order to receive treatment or compensation.

Can I be Fired for Filing a Workers' Compensation Claim?

Yes and no. Texas is an at-will state, which means employers can hire and fire whomever they want. However, if you are terminated for filing a workers' compensation claim or for hiring a workers’ compensation attorney, you may have a separate cause of action against your employer for wrongful termination under Section 451 of the Texas Labor Code. So, yes, they can fire you. But, if they do, your employer should know that we will be advising you about your rights to sue them directly for damages. Many times, that makes employers more cautious about how they treat their injured employees. Here at Espinoza & Brock, we can help you with both your underlying workers’ compensation claim and a wrongful termination suit that comes as a result of that claim. Schedule a no-risk initial consultation with a workers’ comp attorney with us now to go over your case and see what it means to be part of the Espinoza & Brock family.

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The Workers’ Comp Claim Process

We can guide you through the workers’ comp claim process.  Workers’ compensation is a complex system with many pitfalls, deadlines, and requirements.  You need a skilled attorney on your side to ensure that your rights are protected.  Here are just some of the key things that you need to do:

  1. Report your injury to your employer.  You are required to report your injury within 30 days of the first day that you knew, or should have known, you had a work-related injury. But time is of the essence, so the sooner you report, the better.
  2. File a claim with the Texas Department of Insurance, Division of Workers’ Compensation (TDI DWC).  We can help you with this step, as there are forms and deadlines that may make or break your claim.
  3. Seek medical treatment. You have the right to choose a treating doctor.  Your claim may or may not be “in network,” which will determine whether or not you must select a doctor from that particular network list.  At the very least, your chosen doctor must take Texas workers’ compensation cases.  We can help you find treatment for your work-related injuries.
  4. Meet deadlines. There are several deadlines and requirements that you are expected to know about for your workers’ compensation case.  As Thomas Jefferson once said, “ignorance of the law is no excuse,” so just because you don’t know what to do doesn’t mean that you are off the hook.  You need an experienced workers’ compensation attorney to help you meet all deadlines, file the right forms and documents, and assist you with denials and disputes.

    Hire The Legal Team That Excels at Defending Workers' Rights

    Espinoza & Brock is one of the few firms in the state that handles every aspect of work injury cases and focuses on helping workers, regardless of legal status, get just and fair treatment. There are very few work injury attorneys in Texas who know and practice workers’ compensation. Espinoza & Brock Partner Amanda J. Spencer specializes in workers’ compensation and has the expertise to back it up. She is one of the very few Claimants’ attorneys in the State of Texas who has met the rigorous requirements and passed the testing to be Board Certified in workers’ compensation by the Texas Board of Legal Specialization. Using her education, experience, and expertise, she has trained a team of professionals and staff to help and advocate for injured Texans.

    Here at Espinoza & Brock, our goal is to help change policy in the area of workers’ rights—especially for those who have been injured or suffered injustice in the workplace. We treat our clients like family, and we show that care and dedication in everything we do for them. Call us now so we can help you get what you are entitled to. We have an office in San Antonio and are proud to serve our communities of workers and their families in those areas, as well as across the state. We work hard to get the outcome you need so you can heal and get back to work as quickly as possible.

    Contact Us Don't lose hope. Take control of your work situation.

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