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Have Workers' Comp Questions?

Insight from a San Antonio Workers' Compensation Attorney

Filing a Workers’ Compensation claim can leave you at odds with your supervisor and the company you work for because both have contrasting goals in mind. Seeking compensation can feel confrontational. Having a San Antonio workers' compensation lawyer assist you can help negotiate an outcome as amicably as possible.

Workers’ Comp Frequently Asked Questions (FAQ’s):

1.How much time do I have to file a claim?

You must notify your employer within 30 days of sustaining the injury. This step is easy to overlook, but it is one of the most crucial aspects. Without reporting your injury, the employer can leverage this fact and use it against you when it comes time to file your claim. You must file the claim for Workers’ Compensation no later than one year after the injury.

2.What benefits can I receive under Workers’ Compensation?

Workers’ Comp seeks to provide financial assistance to you, because of an injury or illness sustained while on the job. The amount of money you receive will be a percentage of your normal weekly salary and based on the average over 13 weeks for full-time employees.

Additional benefits include:

  • Medical care and treatment
  • Rehabilitation and additional training
  • Lost wages and future income
  • Disability benefits
  • Death benefits

3. What should I do if my employer disputes my claim?

The laws prevent employers from retaliating against employees for filing a Workers’ Compensation claim. If you believe that you were a victim of retaliation or even wrongfully terminated, you can take legal action to file a lawsuit. Not only are you entitled to benefits, but a wrongful termination suit can seek restitution and justice for the added burdens placed upon you.

4. How long do the benefits last?

Under Texas law, Workers’ Compensation benefits will be granted until you have reached “maximum medical improvement” (MMI). Your doctor will declare that you have achieved 100% recovery or that you no longer require treatment. In some cases, after MMI, individuals may have diminished ability to work and may be eligible for lifetime benefits.

5.What types of injuries qualify?

Most injuries or illnesses that have been sustained while performing the duties required of you are eligible. You can still file a claim for injuries sustained at work-sponsored functions and even injuries that occur during your break or lunch hour.

Here are some examples:

  • Burns
  • Toxic exposure
  • Back injuries
  • Knee injuries
  • Wrist injuries
  • Shoulder injuries
  • Broken or fractured bones

6.Should I have an attorney assist me?

Having a San Antonio workers' compensation attorney who is knowledgeable about the law, can give you an advantage. You stand a far better chance of resolving your case promptly, as fairly as possible. Our San Antonio workers’ compensation lawyer at The Law Offices of George P. Escobedo & Associates, PLLC has over a decade of experience. He knows how important it is to take care of clients, knowing that this can be an especially difficult time in their lives.

Reach out to our office today to begin your Workers’ Comp claim. We offer free case evaluations to get you started.