Workers' Compensation Lawyer in San Antonio
Workers' Compensation Overview
What is workers' compensation? In Texas, the system of worker's compensation is optional, meaning that employers may choose between providing worker's compensation coverage or being sued in the event of worker injury. Worker's compensation insurance may be provided through a competitive state fund, a private insurance carrier, or employers may self-insure.
How a worker's comp claim is handled is mandated by State and Federal laws. These regulations require that all work related injuries be reported to your employer in a certain manner and that any injury be examined by a doctor paid through the system and chosen by the employee out of a list provided by the Workers' Compensation Commission.
When an employee is injured in a work related accident, it is the responsibility of the employer to ensure a proper report of what took place be documented fully. Unfortunately, many employers have little understanding of workers' compensation laws and will report the incident to their insurance company and send an employee to the doctor if they seem to be injured. Many employees are left untreated or undertreated. Some with serious injuries fail to get the type of treatment they need in order to fully recover. They may become disabled due to their injuries and yet not get the compensation they deserve. Injured and unable to work gainfully, many are significantly affected thereafter and their quality of life is lowered. Although the employer's workers' compensation insurance company is supposed to provide benefits for the injured worker, their interests are not necessarily yours. They work for the insurance company and are looking to minimize costs. If you have suffered a work related injury, it is important to have a workers' compensation attorney working on your behalf to protect your rights to full benefits when injured at work. The Malaise Law Firm has been assisting injured workers for over 40 years in the San Antonio area and has the expertise you need when filing a claim for benefits.
Investigating Your Workers' Comp Accident
One of the key elements in determining benefits you may be entitled to can be the investigation of the accident you were involved in. There are very specific rules governing workers' compensation that affects whether your claim may get denied or reduced. Below are some of the issues reviewed when determining compensation.
- Were you an employee at the time of the injury?
- Was the injury received while you were on the job?
- Was there an injury?
- What benefits are you entitled to?
- Was the injury permanent?
- Are you entitled to an impairment rating.
Some employers will claim an accident didn't occur, or there was no injury at all. Our office will focus on fully investigating the facts of your accident, including taking witness statements, scene investigations, review of medical records and any other aspect that might affect the outcome of your claim. Our goal is to ensure you receive the compensation you deserve for the injuries you have sustained, and that you receive proper treatment so as to fully recover.
The Malaise Law Firm will work hard for you, providing personalized attention and expertise in the handling of your claim. For a free initial consultation, contact our office today.
Contact the Malaise Law Firm, workers' compensation lawyers, to find out how we can help you with your claim.