San Antonio Workers' Compensation Lawyer

If you were hurt on the job or developed a work-related illness, Texas workers' compensation may provide benefits for your medical care and part of your lost wages. The Daspit Law Firm represents injured workers and their families in San Antonio and across South Texas. We offer a free consultation, and you do not pay us unless we recover compensation for you.

Workers' compensation claims can become complicated quickly, especially when an insurance company questions your injury or cuts off benefits. At The Daspit Law Firm, we have the resources to help you through the process, and there are no upfront legal costs for you to worry about. Our San Antonio personal injury lawyers are devoted to giving injured workers the dedicated counsel they need.

Protecting the Rights of Injured Workers

Attorney John Daspit is a former defense lawyer, which gives our team insight into how insurance companies evaluate and fight claims. We use that perspective to prepare your claim and protect you from tactics that can reduce or delay the benefits you are owed.

How Texas Workers' Compensation Works

Texas has a no-fault workers' compensation system. If your employer carries workers' compensation coverage, you may be able to receive benefits for a covered injury or illness without proving that anyone was at fault. In exchange, the coverage generally limits your ability to sue your employer.

Benefits That May Be Available

Depending on your situation, workers' compensation may provide:

•         Medical treatment for your work-related injury or illness

•         Income benefits that replace a portion of your lost wages

•         Disability benefits for temporary or permanent impairment

•         Death benefits and burial expenses for surviving family members

Injuries and Illnesses Commonly Covered

The types of on-the-job harm that may be covered include:

•         Injuries from a work-sponsored activity or while on a work break

•         Exposure to toxic chemicals at work

•         Pre-existing conditions made worse by the job

•         Fire, burn and explosion injuries

•         Back and spinal cord injuries

If your employer does not carry coverage, different rules apply. Read more about non-subscriber work injuries, or see our overview of work injury claims.

Deadlines for Reporting and Filing a Claim

Texas sets short deadlines for injured workers, and missing them can put your benefits at risk.

Report Your Injury Within 30 Days

Tell your employer about the injury as soon as possible, and no later than 30 days after it happens or after you learn it is work-related. Written notice is a good idea. Also get medical care right away and keep your medical records, since they support your claim.

File Your Claim Within One Year

In most cases you must file a claim for compensation with the Texas Division of Workers' Compensation within one year of the injury. Exceptions can apply, so speak with a lawyer early rather than waiting.

Rights of Surviving Family Members

If you lost a loved one to a work-related injury or illness, you may be able to seek workers' compensation death benefits to ease the financial strain on your family. Depending on the facts, a wrongful death claim may also be possible. We can review which options apply and guide your family with respectful, compassionate counsel.

How The Daspit Law Firm Helps

Our advocates collect the evidence needed to strengthen your claim, communicate with the insurance carrier and push back when benefits are denied or disputed. All too often, injured workers are steamrolled by insurance companies determined to minimize or deny claims. We take your fight as far as it needs to go.

Talk to a San Antonio Workers' Compensation Attorney

When your financial future is on the line, you deserve a lawyer on your side. Call The Daspit Law Firm to discuss your rights and legal options in a free, confidential consultation. You pay nothing unless we recover compensation for you.

Frequently Asked Questions

How long do I have to report a work injury in Texas?

You generally must tell your employer within 30 days of the injury, or within 30 days of learning the condition is work-related. Reporting as soon as possible is better, and putting it in writing creates a record. Missing the deadline can jeopardize your claim, so ask a lawyer if you are unsure.

Do I have to prove my employer was at fault?

No. Texas workers' compensation is a no-fault system, so benefits for a covered injury generally do not depend on proving your employer was negligent. The tradeoff is that coverage usually limits your ability to sue your employer for the same injury.

What benefits can I receive?

Benefits may include medical care, income benefits for a portion of lost wages, disability benefits and, in fatal cases, death and burial benefits for eligible family members. What you receive depends on your injury, wages and the facts of your claim.

What if my claim is denied?

A denial is not always the end. Texas has a dispute process through the Division of Workers' Compensation, and deadlines apply. An attorney can review the reason for the denial, gather evidence and help you take the next step to seek the benefits you may be owed.

Does my employer have to carry workers' compensation in Texas?

No. Most private employers in Texas may choose whether to carry coverage, and those who do not are called non-subscribers. Injured workers of non-subscribers may be able to sue the employer for negligence. Our attorneys can review your situation and explain your options.