You had every reasonable expectation to believe you would be safe at work. While some jobs are more dangerous than others, that understanding does not mean you deserve a more hazardous environment than necessary. If you or a loved one have suffered work injuries caused by your employer’s negligence, San Antonio workplace injury attorney Michael Garatoni is ready to help.
He understands that it is frightening to sue an employer’s insurance company. However, you have a legal right to compensation when their practices cause you harm. Learn more from our workplace injury lawyers in San Antonio during your free consultation at (210) 305-8260 today.
Your Employer Owes You a Safe, Work Injury Free Environment in San Antonio
Texas employers must provide a safe workplace. State and federal laws mandate this responsibility. The Occupational Safety and Health Administration (OSHA) outlines employer obligations as follows:
- Ensuring the workplace is free of hazards
- Inspecting worksite conditions for adherence
- Making sure staff members have maintained tools and equipment
- Giving workers enough warning about possible hazards
- Providing workers with safety training
- Notifying staff members about workplace dangers
When these obligations are neglected, a San Antonio personal injury lawyer with experience in workplace injuries will provide the legal support needed to hold employers accountable and seek fair compensation for injured workers.
Common Causes of Workplace Injuries
Workplace accidents happen for many reasons but are often related to the negligence of the employer, managers, or others at the job site that engage in less-than-safe activities or do not adhere to OSHA requirements. Some of the most common causes of workplace injuries in San Antonio include the following:
- Vehicle accidents: Inexperienced operators, failed equipment function, defective design, or improper operation can cause such accidents
- Falling: Falls from heights often happen due to a lack of safety equipment or railings or inferior safety practices
- Repetitive motion injuries: These types of injuries often occur due to a lack of protective equipment or methods to reduce strain
- Substance exposure: Lack of proper ventilation, control over chemicals, poor use of chemical safety equipment, and using chemicals outside of allowed methods are common causes
- Electrical injuries: Lack of oversight of electrical systems, lack of training or warning, mistakes made by third-party contractors, or faulty equipment and components
- Crushing injuries: Crushing or caught-between accidents often occur due to failure to communicate, safety equipment mistakes, lack of warning systems, and poor use of equipment
These are some of the most common causes of workplace injury, but there are many more. Many times, victims suffer serious injury and loss because of the oversights their employer makes, but they can also be due to another employee’s mistakes or a lack of training.
You Deserve a Fair Award for On-the-Job Injuries in San Antonio
If your employer does not have workers’ compensation coverage, you could file a personal injury lawsuit against them in Texas. These are known as third-party or non-subscriber claims. The primary difference between the two is that you can obtain pain and suffering damages if negligence plays a role. In cases where a workplace accident results in tragic loss of life, a San Antonio wrongful death attorney can help the victim’s family in getting justice and compensation for their loss.
The San Antonio workplace injury lawyer at our firm will review the facts of your case to determine if your employer owes you:
- Current/future medical compensation
- Current/future lost wages
- Pain and suffering
- Exemplary damages
- And more
Texas workers’ compensation, despite its restrictions, is a no-fault system whereby covered workers get benefits without having to prove employer negligence. In a personal injury lawsuit, you must prove that your injury came from your employer’s carelessness, negligence, or misconduct. Ensure you speak with a workplace injury attorney in San Antonio to determine the full extent of your legal options.
What Should I Do Immediately After Sustaining a Workplace Injury in San Antonio?
After you suffer a workplace injury, assess the situation to determine the best course of action. If it is an emergency situation, call 911 or get to the hospital as soon as possible. In most other situations, you should contact your employer to inform them about the injury and get instructions on which medical facilities to visit. A preference may be provided for a worksite labor poster or other publication as well.
After getting care, make sure you follow all of the doctor’s warnings and requirements. Do not go back to work until your doctor says you can do so.
Report the incident to the human resource department, manager, or other responsible party at the job site as soon as possible. You will need to fill out an accident report, documenting what occurred. You have up to 30 days to provide a statement to your employer about what occurred.
Do not file a claim until you know what your losses are and discuss your case with your San Antonio workplace injury attorney first. Keep in mind that you should continue to follow the instructions of your doctor about returning to work with light duty or not going back to work until you are healed. It is often best to contact an attorney as soon as possible as well.
Third-Party Claims
Apart from claims against a non-subscriber company, you could also have claims against a third party who caused your injuries. Third-party claims are against companies other than those liable for workplace injuries, such as contractors, manufacturers, and suppliers.
Under such conditions, regardless of your company’s current workers’ compensation insurance status, you could be qualified to file a third-party claim against the negligent person liable for your injury, opening up other options for compensation.
Why Hire Our San Antonio Workplace Injury Lawyer?
Michael Garatoni will help you if your company does not participate in the workers’ compensation system and you suffered injuries in an incident at your workplace. Rely on him and our firm of San Antonio workplace injury attorneys to provide:
- Case assessments
- Insurance negotiations
- Claim valuations
- Evidence preservation
- Witness coordination
- Courtroom representation
- Ongoing advice and counsel
We have a strong command and knowledge of third-party and non-subscriber injury claims. Our legal team of San Antonio workplace injury attorneys understands the challenges faced by workers injured at their jobs. We charge nothing for our legal services until we get a settlement or a favorable jury result on your behalf.
How Long Do I Have to File a Workplace Injury Claim in Texas?
Victims of a workplace injury will need to take action right away to receive care and report their injury to their employer. Under the state’s laws, you must report your injury directly to your employer within 30 days of the date of the accident or from when you were hurt or knew you were hurt. If you wait beyond this time, it is not possible to hold the employer accountable for your losses. This includes all workplace injuries and illnesses.
Get a Free Consultation with Our San Antonio Workplace Injury Attorneys Today
Were you injured on the job and need help determining your legal options? If so, contact our San Antonio workplace injury lawyer Michael Garatoni. He will help you make sense of a highly complex matter during your free consultation at (210) 305-8260 or online.