If you’re injured at work and your employer has workers’ compensation insurance, you must report it to your employer within 30 days from the date the injury occurred. In some cases, you may not know straight away, such as if repeated exposure causes an illness or condition, such as chronic obstructive pulmonary disease (COPD). In this case, you must report your illness to your employer within 30 days of realizing it was related to your job.

If you are eligible to file a work injury claim, the standard personal injury statute of limitations applies. In Texas, you have two years to bring a claim.

If your employer does not have workers’ compensation insurance and their negligent behavior or conduct results in you getting hurt, you may be able to sue them and pursue compensation. Negligence can take many forms, from not following protocols to supplying faulty equipment.

If your employer has workers’ comp insurance, whether or not your employer was negligent is moot, as you only need to prove your injury happened on the job.

If your employer has workers’ compensation, you may still be able to sue, but only if a third party was partly responsible for your injury.

A third party can be a person, like a subcontractor at your place of work, or an entity, such as a company, that provides the equipment you use to do your job.

For example, if your employer has workers’ comp and you severely injure your hand while using a faulty piece of equipment, and you later need a finger amputated, you can file a workers’ compensation claim to cover your medical bills and a portion of lost wages. You can also sue the third-party manufacturer of the faulty equipment to recover compensation for long-term treatment costs and your pain and emotional suffering.

If your employer does not have workers’ compensation insurance or you believe a third party’s negligence or recklessness has caused your injury, you should at least consult a personal injury attorney to see if you have a claim.

While you do not need to hire an injury lawyer to claim compensation, having an attorney in your corner has multiple benefits. Our workplace injury lawyers in McAllen are experienced negotiators who can fight to recover the maximum possible compensation and gather evidence to support your claim while you focus on your recovery.

Being injured at work can be an overwhelming experience fraught with various emotions and significant physical pain. You may be upset about being unable to work, worried about your finances, and confused about what to do next.

You may even feel conflicted about pursuing legal action against your employer, especially if they’ve supported you through challenging times and provided a positive work environment.

But it’s vital to remember that it is your right to pursue compensation — via a workers’ comp claim or personal injury lawsuit if you are wrongfully injured at work, and your employer knows this.

Whether or not you know if you’ll pursue compensation — or if you are even eligible — it’s wise to consult an attorney to find out where you stand.

Many personal injury law firms — including our McAllen work injury lawyer — work on a contingency basis, meaning you won’t pay until you win your case and you have nothing to lose by assessing your legal options. When you book a free case review with Dr. Patino, you are not committing to hiring our firm, and we will not pressure you to make a decision.

Instead, we’ll ask you a few questions about your accident and injuries to determine if you have a case and explore your legal options. If you’re eligible to claim, we can advise you on how to build a case, what to expect during the legal process, and the next steps you should take. Of course, we would be more than happy to represent you if you’d like our support.

At Patino Law Firm, our motto is “no fee until we win.” That means you’ll never be hit with upfront costs and will only pay legal fees if we win your case.

The percentage of your settlement your attorney takes varies depending on the complexity of your case and if you settle or decide to go to trial. We will tell you how much you can expect to pay during your free, no-obligation case review so that you have this information before making a decision.

This depends on the nature of your claim. Workers’ compensation payouts cover only your medical bills and a percentage of your lost wages — not additional damages such as pain and suffering.

However, you can recover compensation for pain and suffering and emotional distress (called non-economic damages) in a personal injury claim.

You can typically only recover these damages from your employer if they do not have workers’ comp insurance. However, you may be able to recover them from a third party if their negligence caused or contributed to your injury.

When you’re injured at work and your employer has workers’ compensation insurance, it’s up to your employer to report the accident. If they do not, you can get advice from the Texas Division of Workers’ Compensation (DWC), the state agency responsible for regulating workers’ comp benefits. You may also wish to consult a dedicated workers’ compensation attorney.

Please note that we do not handle these types of claims, but we can advise you on whether you have a case against a third party or your employer for gross negligence.

There are several steps you should take immediately after your accident if you are injured at work to support your claim and maximize your chances of recovering any compensation you may be owed.

One of the first things you should do is seek medical attention, however severe your injuries are. This can prove vital later on — injuries that initially seem minor can later worsen, further impacting your physical and emotional health and requiring additional (and costly) medical treatment. Seeking immediate treatment allows you to document your injuries and symptoms and prove when they initially occurred.

Next, inform your employer of your work injury and enquire if they have workers’ compensation insurance. If they do not and you can prove your employer is liable for your work accident, filing a report provides evidence of when and where it occurred, which you can use to build your case.

If your employer has workers’ compensation insurance, they must report your accident to the DWC.

You should also document everything related to your injury. We advise recording and retaining as much as possible and not worrying about whether or not it’s relevant — medical bills or receipts, supervisor’s reports, accident scene photographs, contact details of potential witnesses, and even a pain journal documenting the impact of your injury can all serve as solid evidence for your claim. A work injury attorney can further advise you on what documentation to collect or retain and what is relevant to your case.

Finally, you should consult a McAllen work injury lawyer. You may be able to recover compensation regardless of whether your employer has workers’ comp insurance, but these claims can be complex — especially if multiple parties are at fault. Our McAllen personal injury law firm can advise you and determine if you’re entitled to significant compensation for your medical bills, lost wages, pain and suffering, and more.

We offer a free, no-obligation case review so you can find out if you have a claim.

The statute of limitations determines how long you have to file a lawsuit for a work-related injury — or how long you have to sue. This timeframe varies by state, and there may be exceptions, but the time limit for legal action in Texas is typically two years.

If you do not file a lawsuit within two years of the date of your injury — or when you first discovered your injury — the court may dismiss your case, preventing you from recovering compensation. 

Two years may seem plenty, but it takes time to build a case, and the liable party will likely want to attempt to negotiate a settlement before proceeding to trial. This process can be lengthy, and the two-year deadline can quickly fly by. You forfeit your right to compensation if you file a lawsuit even one day late, so it’s advisable to learn where you stand by consulting a McAllen work injury lawyer as soon as possible after your accident.

No, we do not handle workers’ compensation claims (to recover medical bills and lost wages from your employer when they have this type of insurance).

However, we can potentially recommend a trusted workers’ compensation attorney who can protect your rights as you pursue a workers’ comp claim, and we can certainly help you sue your employer if they do not have workers’ compensation insurance — or a third party if their negligence or recklessness caused your workplace injury.