If you’ve suffered an injury on the job, it’s crucial to understand your rights. Texas has unique workers’ compensation laws that may impact your ability to recover benefits.
Unlike many states, Texas does not require private employers to carry workers’ compensation insurance, which can significantly affect the claims process. Whether your employer subscribes to the state’s workers’ compensation system or is a non-subscriber, knowing your legal options can help you secure the compensation you deserve.
At Alamo City Law Firm we fight for clients injured in work accidents across San Antonio and South Texas. Whether you or someone you love were hurt on an oil field, while working for an employer covered by workers’ comp, or at a non-subscriber business, we can help. We also offer free consultations so you can get immediate insight into your rights and legal options.
Your Rights After a Work Accident in San Antonio
Every worker has the right to a safe work environment, and if an accident occurs, you have the right to seek medical care, report your injury, and pursue compensation for your damages. Your rights depend on your employment status, your employer’s insurance coverage, and the circumstances of your accident.
- Right to Medical Care: You are entitled to medical attention for your injuries, regardless of your employer’s workers’ compensation status.
- Right to Report Your Injury: You should report your work injury as soon as possible to ensure eligibility for benefits.
- Right to Seek Compensation: Depending on your employer’s coverage, you may be entitled to workers’ comp benefits or the ability to file a lawsuit.
- Right to Legal Representation: Consulting an experienced attorney can help you navigate the claims process and maximize your recovery.
Texas Workers’ Compensation: What You Need to Know
In Texas, your ability to file a workers’ compensation claim depends on whether your employer carries coverage. Here’s what you need to know about both situations:
1. Employers Who Carry Workers’ Compensation Insurance
If your employer subscribes to Texas workers’ compensation, you may be eligible for benefits, including:
- Medical benefits – Covers necessary treatment related to your injury.
- Income benefits – Partial wage replacement if your injury prevents you from working.
- Impairment benefits – Compensation for permanent disabilities.
- Death benefits – Compensation for families who lose a loved one in a workplace accident.
One of the key advantages of filing a workers’ compensation claim is that it is a no-fault system, meaning you do not have to prove negligence to receive benefits. However, workers’ compensation also limits your ability to sue your employer and doesn’t compensate for damages like pain and suffering or the entirety of your lost income.
2. Employers Who Do Not Carry Workers’ Compensation (Non-Subscribers)
If your employer does not carry workers’ compensation insurance, you may have the right to file a personal injury lawsuit against them. Unlike workers’ comp, a lawsuit allows you to recover additional damages, such as:
- Full lost wages (not just a percentage)
- Pain and suffering
- Punitive damages (in cases of gross negligence)
In a non-subscriber case, you must prove that your employer’s negligence caused your injury. Texas law also prevents non-subscriber employers from using certain common defenses, such as claiming the injury was your fault or blaming a co-worker.
Third-Party Work Injury Claims
Even if your employer has workers’ compensation, you may be able to pursue a civil injury claim outside of the workers’ compensation system. These are known as third-party liability claims, and they typically become an option when someone other than your employer contributed to your injury. Common third-party claims involve:
- Defective equipment or machinery – If a manufacturer’s negligence led to your injury.
- Negligent subcontractors – If another company’s employee caused your accident.
- Property hazards – If dangerous conditions on a job site resulted in your injury.
These claims allow you to seek full compensation beyond the limitations of workers’ compensation benefits. However, they come with the added requirement of proving liability, which is why it’s important to work with an experienced injury attorney.
What to Do After a Work Accident in San Antonio to Protect Your Rights
Taking the right steps after a workplace accident can protect your legal rights and improve your chances of obtaining compensation:
- Report the injury – Notify your employer as soon as possible.
- Seek medical attention – Get a professional evaluation, even if injuries seem minor.
- Document everything – Take photos, collect witness statements, and keep medical records.
- File a claim – If your employer has workers’ compensation, file a claim through the Texas Division of Workers’ Compensation.
- Consult an attorney – A lawyer can assess whether you should pursue a personal injury lawsuit, a third-party claim, or workers’ compensation benefits.
Injured on the Job? We Can Help.
At Alamo City Law Firm, we understand the complexities of Texas workers’ compensation laws and workplace injury claims. We also know the industries, business practices, and insurance arrangements common in our region. Whether you need guidance on what to do next or are ready to seek damages from a non-subscriber employer or negligent third party, we’re prepared to fight for the maximum compensation possible.
We offer FREE consultations, and we don’t get paid unless we recover compensation for you. Call (726) 227-4766 or contact us online to discuss your case and learn more about your legal options after a work accident in San Antonio.