Notice: Our staff is working remotely without interruption during this time. Please do not hesitate to call, email or chat with us.
Se Habla Español
Available 24/7 210.960.9875
Seeking Workers' Compensation? TO US YOU ARE NOT JUST A NUMBER, YOU ARE FAMILY

San Antonio Workers' Compensation Attorneys

Representing Injured Workers in San Antonio, Texas for 20 Years

Sustaining an injury at work 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 injury. The Aguirre Law Firm, PLLC provides compassionate and tenacious representation to clients in workplace injury accident cases. We help clients seek the compensation they need for their injuries, and our attorneys know how to navigate the legal system in a variety of workers’ compensation cases. If you have been injured at work, contact our San Antonio work injury lawyers today for a free consultation.

picture of an injured worker being helped

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.

How Do I File a Workers' Comp Claim in Texas?

There are 3 initial steps for filing a workers' comp claim in Texas:

1. Submit the DWC Form-041 in person, by mail, or online

2. You must file the form within 1 year after your accident

3. Wait for the insurance company to accept or deny your claim

Can I Receive Workers' Compensation Benefits for A Deceased Family Member?

Yes. If a loved one has passed away as a result of a work-related incident, you may be eligible to receive workers' compensation death benefits on their behalf. Death benefit claims must be filed within 1 year of the workers's death.

In Texas, you are eligible to receive death benefits if you qualify as one of the following:

  • A spouse of the deceased
  • A child under the age of 18
  • A child under the age of 25 who is a full-time student
  • Any child who was dependent on the deceased at the time of their death
  • Grandchildren who were at minimum 20% dependent on the deceased (unless their parent is eligible for death benefits)

Death benefits in Texas are generally 75% of the deceased's weekly wage up to a certain specified amount which are then paid out to all of the deceased worker's dependents in order of priority. According to the Texas Department of Insurance, for the year 2020 the maximum weekly amount is $971.

Workers' Compensation Dispute Resolution Process

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. Our San Antonio work injury attorneys at The Aguirre Law Firm, PLLC can discuss your options, answer your questions, and represent you against insurance agencies in court if necessary.

When your claim is disputed, you have several options to pursue compensation under Texas law.

  • 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. From legal assistance filing a workers’ compensation claim to representation in a disputed case, our attorneys have the experience to guide you through the process. We can tenaciously fight to uphold your rights against insurance companies and help you seek compensation.

Contact The Aguirre Law Firm, PLLC today for quality representation by our San Antonio workers' compensation lawyers. We don't charge you unless we win your case!

Related Pages: