Workplace Injury Lawyer in San Antonio

Q: How much does it cost to hire a workplace injury lawyer?

The firm handles workplace injury cases on a contingency basis, which means you pay nothing unless compensation is recovered for you. There are no upfront fees and no financial risk to you for reaching out.

One fact decides your entire case, and any San Antonio workplace injury lawyer should check it on the first call: whether your employer carries workers’ compensation at all.

Next Steps

What a San Antonio Workplace Injury Lawyer Checks First

Find out whether your employer is a subscriber or a nonsubscriber. The Texas Division of Workers’ Compensation keeps this searchable, and the answer changes everything that follows, including whether you can sue your employer at all. While you are doing that, report the injury in writing and keep your own copy. Photograph the equipment and the area before anything is repaired or cleaned. Get the names of everyone on shift and which contractor each one worked for. Then read anything your employer hands you very carefully. Nonsubscribers frequently run private injury benefit plans with reporting windows measured in hours and arbitration clauses buried in the acknowledgment. Signing without reading can narrow your rights considerably, so send the paperwork to a workplace injury lawyer in San Antonio before you sign it rather than after.

Local Expertise

Why You Need a Workplace Injury Lawyer in San Antonio

Texas is the only state in the country that lets private employers opt out of workers’ compensation entirely. Roughly a fifth of Texas employers do. Which category yours falls into determines what kind of case you have. If your employer is a nonsubscriber, you can sue it directly for negligence, and Texas Labor Code section 406.033 strips it of three defenses that would ordinarily be available. It cannot argue that you were contributorily negligent. It cannot argue that you assumed the risk. It cannot blame a coworker’s negligence. The legislature took those away deliberately, to make opting out expensive. You still have to prove the employer was negligent, but you are proving it against an opponent fighting with one hand. If your employer is a subscriber, workers’ compensation is generally your exclusive remedy against that employer under section 408.001. That does not end the inquiry. It only closes one door.

How We Help

A Team that fights for you

We deal with insurance

Subscriber or nonsubscriber, and whether a private injury benefit plan sits underneath. That determines the claim, the deadlines, and whether arbitration applies.

We collect evidence

Equipment manufacturers, property owners, general contractors, staffing agencies, and other companies on site all sit outside the comp bar. On a multi-employer jobsite that is usually where a San Antonio workplace injury lawyer finds the real recovery.

We get you medical care

Texas prohibits firing or discriminating against a worker for filing a compensation claim in good faith. If that starts happening, it becomes its own claim.

Your compensation

What You Can Recover

Testimonials

Hear from our clients

"I've had a very positive experience with Kristi and the rest of the team at Ornelas Law. Everyone is very informative a nd helpful an d all my questions and concerns get answered in a timely manner."

Josh L.

Case type

"First time using this attorney and to be honest they are one of the best people I ever spoked to through messages and don't get me started our case manager Kristi is one of the most fun loving and so caring person I ever met through calls and messages she gets things done when we ask her to do so also she will not give up on trying to bug people for answers."

Kim G.

Case type

"I chose Mr. Ornelas because is the greatest law firm, he has helped me every step of the way. And has helped me through the process of getting my settlement and he is the nicest person ever always answers his calls and always answering my questions. He is always on the ball of making sure I got my settlement. Thank goodness for him."

Josie G.

Car Accident

Why Us

Why San Antonio Workers Trust CO Injury Law

Most injured workers never learn which kind of employer they have. They are handed paperwork, given a clinic to attend, and told a process is underway. Whether that process is workers’ compensation, a private benefit plan, or an attempt to settle a negligence claim for the price of a comp claim is rarely explained. That asymmetry is the whole game, and closing it is most of what a San Antonio workplace injury lawyer does in the first month. A nonsubscriber that has lost three defenses is in a materially weaker position than an employer paying comp benefits, and it knows that long before you do. We have recovered $23 million in an oil field wrongful death case and hold a firm total above $1 billion, much of it in industrial and workplace matters. San Antonio work injuries reach us from construction sites, warehouses and distribution, manufacturing on the South Side, refinery turnarounds, and Eagle Ford crews who live here and work south of the city.

Your Case

Understanding Your San Antonio Workplace Injury Case

Exclusive remedy is not absolute, and the exception matters enormously in fatality cases. Under Labor Code section 408.001(b), the surviving spouse and heirs of the body of a worker killed on the job may recover exemplary damages where the death was caused by the employer’s gross negligence or by an intentional act or omission. That claim survives the comp bar. A family told “workers’ comp is all you get” after a workplace death has been told something incomplete. Two details worth knowing. Gross negligence takes its meaning from section 41.001 of the Civil Practice and Remedies Code, so this is a demanding standard rather than ordinary carelessness. And the statute says “surviving spouse and heirs of the body,” which is narrower than the wrongful death statute. Parents can bring a wrongful death claim under Chapter 71 but may not be able to bring this exemplary damages claim, which is exactly the kind of distinction that determines who needs to be a plaintiff. Our wrongful death page covers the rest. Separately, and regardless of coverage status, comp never bars a claim against a third party. If defective equipment, another contractor, or a property owner contributed, that case belongs to you.

FAQs

Read All FAQs

Common Workplace Injury Questions

Can I sue my employer for a workplace injury in Texas?

In many cases, yes. Texas is unique because employers are not required to carry workers’ compensation insurance. If your employer is a “non-subscriber,” you may have the right to file a personal injury lawsuit directly against them for negligence.

What if my employer says the injury was my fault?

Employers often try to shift blame onto the worker to avoid liability. Even if you were partially at fault, Texas law may still allow you to recover compensation as long as you were less than 51% responsible for the accident.

What types of workplace injuries qualify for a claim?

Almost any injury caused by unsafe conditions, faulty equipment, lack of training, or employer negligence can qualify. This includes falls, repetitive stress injuries, chemical exposure, machinery accidents, and injuries from lifting or manual labor.

What if I'm afraid of losing my job for filing a claim?

Texas law protects workers from retaliation for reporting injuries or filing claims. If your employer fires you, demotes you, or retaliates in any way, that is illegal and you may have grounds for an additional legal claim.

How much does it cost to hire a workplace injury lawyer?

Our firm handles workplace injury cases on a contingency basis, which means you pay nothing unless we recover compensation for you. There are no upfront fees and no financial risk to you for reaching out.

Describe Your Case

If you’ve been injured on the job, don’t wait for your employer to do the right thing. Our San Antonio workplace injury lawyers are ready to review your case and help you understand your legal options. Contact us today for a free consultation.

Email:

[email protected]

Phone:

(866) 377-9855

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