San Antonio Work Injury Lawyer Protecting the Rights of Employees Injured on the Job

If you are injured at your job, you may not know what steps to take or how to recover compensation for your medical bills and related losses. The Law Office of Matthew S. Norris advises clients regarding work-related injuries and guides them through the process of obtaining compensation.

San Antonio personal injury attorney Matthew S. Norris can offer you valuable insights regarding workers’ compensation benefits and personal injury claims, and he will work personally to help you obtain the compensation you need for a work-related injury. Keep reading for the answers to questions our law firm frequently receives about workers’ comp, personal injury claims, and workplace injuries.

Does Texas Require Employers to Carry Workers’ Compensation Insurance?

Workers’ compensation was created so that workers hurt on the job could receive medical care and at least a portion of their lost wages. In return, injured employees who are covered by workers’ compensation waive any right to bring a personal injury lawsuit against an employer.

Workers’ compensation insurance is a no-fault insurance system. To receive workers’ comp benefits, an employee does not have to prove that his or her employer was at fault for a work-related injury. Instead, injured employees are only required to prove that an injury happened at work or was directly work-related.

Unlike most states, Texas does not compel employers to purchase workers’ compensation insurance, but employers who opt out – “nonsubscribers” – have no protection against personal injury claims when employees are injured. When the employee of a nonsubscriber is injured while working, the non-subscribing employer may be sued and held accountable for the employee’s personal injury or injuries and related damages.

However, most employed people in Texas work for subscribers – employers who have workers’ compensation coverage. Workers’ compensation pays for an injured employee’s medical care and a percentage of the worker’s lost wages.

When Can You Sue an Employer for a Workplace Injury?

You can only sue a Texas employer for a work-related injury if the employer is a workers’ compensation non-subscriber or under narrow exceptional circumstances such as these:

1. The employer intentionally caused your injury, and you can prove it.
2. You became injured or ill due to your employer’s excessive and gross negligence.
3. Your workers’ comp claim was denied in bad faith.
4. You are an independent contractor rather than an employee.

Even if your employer is a non-subscriber, personal injury cases in Texas are usually settled in private, out-of-court negotiations, and injury victims rarely have to appear before a judge. However, if no reasonable settlement offer is forthcoming in private negotiations, you will need to be represented in court by an aggressive and effective Texas personal injury lawyer.

When Should You Speak to an Injury Attorney?

Whether you file for workers’ comp benefits or pursue a personal injury lawsuit, or if you are not sure which path to take, you should be advised by San Antonio work injury attorney Matthew S. Norris. He is a skilled negotiator and trial lawyer who will recommend your best course of action, and if necessary, advocate on your behalf to recover the compensation you need.

If you file a personal injury claim, attorney Matthew S. Norris will scrutinize the evidence, take statements from the witnesses, develop an effective legal strategy, negotiate on your behalf, and if necessary explain to a jury why you should be compensated for your workplace injury.

How Long Do I Have to Take Legal Action?

It is imperative to meet with an attorney as quickly as possible after you’ve had a medical examination and treatment if you have a personal injury claim.

If you’re taking legal action, the statute of limitations in Texas gives you two years to file a lawsuit.  However, call attorney Matthew S. Norris as soon as you can. Evidence deteriorates and memories fade over time, so the sooner your case is in a good attorney’s hands, the more likely it is that your claim will prevail.

The Law Office of Matthew S. Norris is ready to help the victims of work-related injuries in the greater San Antonio area. If you’ve been injured working for a “non-subscribing” employer, contact the Law Office of Matthew S. Norris at 210-549-7633. Your first consultation with an attorney is offered at no cost and with no obligation.