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 that employers carry workers’ compensation insurance, it does require that employers 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 that employers can hire and fire whoever they want to. 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 both with your underlying workers’ compensation claim, as well as 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 to be met.  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 of the 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 passed the rigorous requirements and 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 in cases of those who have been injured or suffered injustice in the workplace. We consider our clients our family and we show that level of care and dedication in every action we take on their behalf. Call us now so we can help you get what you are entitled to. We have offices in San Antonio and El Paso and we are proud to serve our communities of workers and their families in those areas as well as other areas 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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