Have you ever been hurt while at work in San Antonio? When this happens, you may be entitled to receive damages for any injury or losses you incurred. However, taking the appropriate steps following an accident can make a major difference in your financial and physical recovery. Whether or not your employer has workers’ compensation, you still have rights under the law. We at Gamez Law Firm can help you understand them. Give us a call today at 210-736-4040 for a free consultation.

Step 1: Ensure Your Safety

Your main priority after any accident is to maintain your safety. If you’ve been injured, move away from any dangerous location, such as near heavy machinery, sharp objects, electrical hazards, or falling objects. This helps ensure that you do not suffer additional injuries.

If you cannot move, ask for help. Do not have anyone but medical personnel move you, but fellow coworkers and witnesses can remove dangerous objects from your way and make sure the area around you stays clear. Be still and wait for medical personnel to arrive.

Step 2: Get Medical Treatment

Assess your injuries. Even minor ones should be assessed by a medical professional. Additionally, some injuries take time to be noticed, such as concussions and internal injuries. Seek treatment right away so a doctor can accurately assess your injuries to prevent any of them from worsening over time.

In emergency situations, call 911 right away or have a coworker do it if you are unable to. This allows your condition to be documented right away, which is incredibly helpful if you need to file a legal or insurance claim.

If you suffer injuries that are not severe but still require medical care, let your employer know and request information on where to go if they have authorized treatment for workers’ compensation claims. You may have to see a doctor within your employer’s network to receive workers’ compensation benefits.

Step 3: Report the Injury

Report the injury to your employer right away. In Texas, you must do so within 30 days of the accident or upon discovering your injury. It’s most advantageous to report it as soon as possible and do so in writing, so there is evidence of your communication.

Be sure to include the date and time the accident happened, the location, how it happened, what equipment (if any) contributed to the accident, and any witnesses who saw it happen. Also, request a copy of the report so you have it for your own records.

Step 4: Collect Evidence

Document the scene of the accident by taking photos and/or videos of the scene, equipment, safety gear, signage, your injuries, and any obvious hazards. You can also gather witness statements from those who saw the accident happen. Be sure to get their contact information, too. Write down or record how the accident happened while the details are fresh in your mind. Even in cases where the cause of the accident is apparent, having proper documentation can strengthen your claims, especially when seeking compensation for your damages.

Step 5: File For Workers’ Compensation

Many employers in Texas have workers’ compensation insurance for their employees. This insurance allows workers to receive compensation for lost wages and medical treatment if they are injured on the job. This is a no-fault system, meaning employees do not have to prove it was their employer’s fault in order to receive compensation. However, this also prohibits the employee from filing a claim against their employer. Workers’ compensation typically covers:

• Medical care costs
• Temporary income benefits (TIBs)
• Impairment income benefits (IIBs)
• Supplemental or lifetime income benefits
• Death benefits for the surviving family

To file, you must complete the necessary form within one year of your injury. However, some employers opt out of providing workers’ compensation to their employees. If your employer has opted out, you may be able to file a civil claim against them instead.

Texas is one of the few states that allows employers to opt out of the workers’ compensation system. These employers are known as non-subscribers. If your employer is a non-subscriber and you were injured due to unsafe conditions, lack of training, or defective equipment, you may be able to file a personal injury lawsuit against them. In many cases, non-subscribers lose certain legal defenses, which can strengthen your claim for damages like medical bills, lost wages, and pain and suffering.

Step 6: Follow Your Doctor’s Medical Advice

Attend all your appointments and follow the directions of your doctor carefully. This is helpful for your recovery, but it is also necessary for filing your claim. If you do not follow your doctor’s instructions, this information can be used against you, and you may lose your ability to recover full compensation.

Additionally, keep your medical records safe, including medical bills, prescriptions, diagnoses, and transportation to and from medical appointments.

Step 7: Contact an Attorney

While workers’ compensation is a great tool, it does not automatically take care of every issue you may encounter. Insurance companies may make arguments against you, such as claiming your injury isn’t as severe as you claim it is. They may also deny you benefits or pressure you into returning to work before you are ready. An experienced lawyer can help you if:

• Your claim is denied or delayed.
• Your employer doesn’t have workers’ compensation coverage.
• You are facing retaliation or wrongful termination.
• You are offered less compensation than you need or are entitled to.
• Your injuries were caused by defective equipment or a third party.
• You are permanently disabled.
• You can’t return to work.

A lawyer can investigate your case, protect your rights, and help you pursue maximum compensation through all available legal avenues.

Preventing Future Workplace Injuries

Both you and your employer are responsible for ensuring your safety and the safety of those around you. Your employer should investigate your case, implement new safety protocols if necessary, make sure training is up-to-date, replace or repair unsafe equipment, and immediately address hazards such as wet floors or poor lighting.

As an employee, stay up to date on training, always use protective equipment, especially for high-risk tasks, and report unsafe conditions. Be sure to encourage others to practice proper safety measures as well.

Schedule Your Free Consultation Today

If you’ve been injured in a workplace accident in San Antonio, don’t wait. There are strict deadlines for reporting your injury and filing a claim. Gamez Law Firm can help you protect your rights, recover financially, and get back to your life. Contact us today for a free consultation by calling us at 210-736-4040.