If you’ve been in a workplace accident, your life is likely very different than it was before. You likely have medical expenses, ongoing injury management, and mental and emotional turmoil. If your injuries are long-term, you might be entitled to compensation.
However, filing a worker’s benefits claim without talking to legal experts is never advised. This is particularly true for states like Texas where employers are not mandated to provide worker’s compensation coverage. In that case, consulting a San Antonio workplace accident lawyer will make it easier to know your available legal rights to recover damages.
Here is a brief guide to know whether you are entitled to compensation before you talk to your local lawyer. The key things to consider are whether or not someone is liable for your accident and if your accident has caused lasting injuries or inability to work.
When Are You Entitled to Compensation?
A workplace accident can be dangerous, but it is only compensation-worthy if there is a liability. Sometimes, accidents happen, and there’s nothing anyone can do about it. However, in most workplace-related incidents, there is a liability. You might be entitled to compensation if the company, a foreman, or another worker is at fault.
Determining if negligence was involved in the accident is key to deciding whether or not you are entitled to compensation. If someone did their job incorrectly or failed to give you the proper training or safety equipment, their negligence caused your accident. That person (or the company) is liable.
Although it can be difficult to tell exactly when liability begins and ends, a professional can help you with this. Setting up a meeting with a workplace accident lawyer or personal injury lawyer can give you clarity on your situation and make it easier for you to receive proper compensation and take care of yourself post-injury.
Is Worker’s Compensation Insurance Mandatory?
Contrary to popular belief, worker’s compensation insurance is not mandatory. Particlularly in Texas, employers can choose not to provide their employees with insurance to safeguard their interests in case of a workplace accident. If your employer does not participate in Texas Worker’s Compensation program, you can choose to seek compensation under the “non-subscriber claim.”
In essence, nonsubscriber claims are similar to regular personal injury claims, where victims are free to file a lawsuit against the defendants. Since these claims do not have the bureaucratic restrictions of worker’s compensation, victims filing for nonsubscriber claims often receive high damage awards.
In addition, victims can also file for non-physical damages like emotional distress and trauma that are not covered under a worker’s compensation claim. So if you have suffered an injury in San Antonio or anywhere else in Texas due to the organization’s negligence, you are liable for recovering damages for psychological trauma as well. .
How to Tell How Much Compensation You Should Ask For
Once you and your lawyer have decided that you are indeed eligible for compensation for your workplace injury, it’s time to decide how much you should ask for. You likely won’t win your lawsuit if you ask for too much money. However, you need enough to cover your basic needs and ensure that your medical bills will be paid.
In general, the compensation amount will be commensurate with the injury’s severity and lasting effects. You will have to prove that negligence was involved and that your physical, mental, or emotional injuries were long-lasting. The money will depend on the type of injury sustained and the medical bills.
Your compensation will increase if you have permanent disfigurement, inability to work, or ongoing care. Essentially, the liable party or their insurance will need to pay as much money as you would regularly make working and cover any necessary medical bills. An attorney can help you work out exactly how much this is.
How to Get Fair Compensation
The key to getting fair compensation for a workplace accident is hiring a trustworthy, local workplace accident lawyer. Although you can represent yourself in a workplace accident claim, leaving it to a professional is always better. An expert gives you the best shot at winning your case and getting a fair amount of compensation.
If you decide not to use a lawyer, you can calculate a fair amount of compensation on your own. You will need to know your medical bills, how much work you will be missing, and the cost of extended care. This can be difficult to calculate, but it is possible.
It’s crucial to give your lawyer all the information you have about the incident to get a fair amount of compensation. With the right information from your insurance company, your workplace, and you, an attorney can take care of finding the right amount of compensation to cover your medical bills and continuing care until you’re ready to work again.