San Antonio Workers' Comp Lawyer

Top-Rated Legal Counsel Serving Clients in Texas

Work-related injuries can have major consequences. Medical bills can pile up while you have to take extended time off work, and your financial situation can add stress on top of your actual injury. The Aguirre Law Firm, PLLC provides compassionate and tenacious representation to clients in workers' compensation cases.

At The Aguirre Law Firm, PLLC, we help clients seek the compensation they need after a work-related injury. Our attorneys have the legal skill and experience to navigate the legal system with as little stress as possible. Contact our San Antonio workers' compensation attorneys today to schedule a free consultation.

What You Need To Know About Texas Workers’ Compensation Laws

Texas defines workers’ compensation as insurance coverage that provides medical benefits and income to employees who are injured on the job. This compensation also covers employees if they sustain a work-related illness. Generally, private employers can choose whether or not they provide workers’ compensation, and they must notify their employees of the amount of coverage they offer.

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) determines the delivery of workers’ compensation benefits to injured employees. In addition, this state agency regulates the delivery of compensation to family members of employees killed in workplace accidents. The benefits are paid by self-insured employers, government entities, self-insured groups of employers, or workers’ compensation companies.

What If Your Workers' Comp Claim is Disputed?

In 2015, more than 2 million occupational injury and illness cases were filed in the United States. After an injury or illness, seeking compensation from your employer is necessary for maintaining financial stability. At The Aguirre Law Firm, PLLC, our legal team can discuss your options, answer your questions, and, if necessary, represent your rights and interests in court.

When your claim is disputed, Texas law provides a process for you to pursue compensation:

  • Benefit Review Conference
  • Arbitration
  • Contested Case Hearing
  • Appeals Panel
  • Judicial Review

The first step in dispute resolution is a Benefit Review Conference, where you meet with an insurance representative at the TDI-DWC office to reach an agreement.

If an agreement cannot be made, you may proceed to arbitration or a contested case hearing, where a TDI-DWC representative will hear both sides of the case and make a decision. Once the decision is made, either side may file an appeal to request a review of the decision.

The appeal must be presented in writing to the TDI-DWC Appeals Panel by both sides. If either party disagrees with the final decision made by the appeals panel, the case may go to court in a judicial review.

Seek Fair Compensation After a Serious Work Injury

From legal assistance filing a workers’ compensation claim to representation in a disputed case, our attorneys have the experience to guide you through the entire process.

Our firm has experience handling cases involving:

Common Work-Related Injuries

Depending on your career, each worker faces a range of various hazards that could cause an injury. However, there are several common injuries in the workplace:

  • Repetitive motion injuries: Actions such as constant computer use or lifting can cause repetitive motion injuries, such as a back sprain or carpal tunnel syndrome
  • Walking injuries: Injuries suffered as the result of walking into an object, such as a wall
  • Falling from heights: Injuries sustained when an employee falls from an elevated location, such as a ladder or a roof, while on the job.
  • Falling objects: When items fall from above, land on an employee and cause an injury
  • Slip and fall: When an employee slips or trips and falls while on the job and sustains an injury

Workers’ Compensation Benefits

There are 4 types of workers' compensation benefits. They are all designed to cover lost wages at various stages of your claim. Below is a quick overview of each one.

  1. Income benefits replace a portion of any wages you lose because of your work-related injury or illness. Types of income benefits include temporary income benefits, impairment income benefits, supplemental income benefits and lifetime income benefits.
  2. Medical benefits pay for medical care to treat a work-related injury or illness.
  3. Burial benefits pay for some of a deceased employee's funeral expenses.
  4. Death benefits replace a portion of lost family income for certain family members of employees killed on the job.

Workers’ Comp FAQs

1. What should you do if you’re injured on the job?

Many of our clients are unsure what to do if they get injured on the job. If you’re interested in recovering damages through workers’ compensation, you must do the following: (1) give your supervisor notice of the injury, (2) get medical attention, and (3) enlist the legal services of a workers’ comp attorney.

2. What should you do if your employer starts treating you differently after filing a workers’ compensation claim?

In most states, it is against the law for your employer to fire or otherwise retaliate against you because you filed a workers' compensation claim. If you feel you have suffered retaliation, you should consult with an attorney to learn more about any protections that may apply to you.

3. Does workers comp cover death benefits?

If you’ve lost a family member because of a work-related injury or disease, you may be entitled to receive death benefits through your state’s workers’ compensation system. Death benefits are often paid in regular installments and are based on a percentage of what the employee used to earn before their death.

4. Are all employees covered by workers’ comp?

No. Not all employers are required to have workers' compensation coverage if they don’t meet certain requirements. Also, every state excludes certain types of workers, including farmers, domestic employees, and seasonal or casual workers.

5. How much money can you receive for workers’ comp?

The maximum temporary income benefits amount is $850 per week. Similar limits are set for impairment, supplemental, and lifetime income benefits. You may be able to receive much more compensation by retaining a personal injury attorney.

Our San Antonio workers' compensation lawyers can tenaciously fight to uphold your rights against insurance companies and help you protect your interests by seeking to maximize your compensation.

For the quality representation you need, contact The Aguirre Law Firm, PLLC today.

The Aguirre Law Firm examines worker’s compensation cases for possible third party, nonsubscriber and wrongful termination claims. If your case is solely a worker’s compensation case, The Aguirre Law Firm will refer you to a lawyer who exclusively practices worker’s compensation law.

Injured? Need An Attorney?

Tell Us About Your Case

Contact Our Firm