San Antonio Work Injury Lawyer

A San Antonio work accident lawyer is a personal injury lawyer who represents injured employees and their families in San Antonio, Texas, fighting against negligent employers, insurance companies, and third parties to secure financial recovery for workplace injuries.

When a catastrophic injury occurs on the job, the clock starts ticking immediately, not just on the statute of limitations, but on the preservation of critical evidence like surveillance footage and safety logs.

Trevino Injury Law brings over 20 years of trial-tested experience to these urgent situations, having secured millions in verdicts and settlements for workers facing life-altering consequences.

You do not have to navigate the confusing maze of workers’ compensation denials and insurance lowball offers alone while trying to recover from your injuries. This page empowers you to understand your right to sue a non-subscriber employer, how to identify third-party fault when a subcontractor causes harm, and what your case is truly worth beyond a standard weekly benefits check. We break down the complex legal strategies used to hold corporate defendants accountable for unsafe working conditions.

Call 210-TREVINO immediately to protect your rights and start building your case for maximum compensation. Se Habla Español.

Can I Sue My Employer for a Work Injury in San Antonio?

Yes, you can sue your employer for a work injury in San Antonio if they are a “non-subscriber” to the Texas workers’ compensation system, or if you are the surviving family member of a worker killed by the employer’s gross negligence. While Texas law generally protects employers who carry valid workers’ compensation insurance from lawsuits, many businesses in the construction, agriculture, and service sectors choose to opt out of this system to save money, leaving them vulnerable to personal injury claims.

Understanding your employer’s legal status is critical because the rules for recovery vary significantly depending on their insurance coverage. Is Texas a no-fault workers’ comp state?

Yes, generally speaking, the traditional workers’ compensation system is “no-fault,” meaning you receive benefits regardless of who caused the accident, but you cannot sue; however, in a non-subscriber claim, this protection is removed, and you have the right to sue for full damages if you can prove even 1% of negligence on the employer’s part. Determining whether your employer is a subscriber or non-subscriber is the first step we take to define your legal path forward.

What If My Employer Is a Non-Subscriber?

If your employer is a non-subscriber, they lose key common-law legal defenses in court, specifically the arguments that you were partially at fault or assumed the risk of the job. This severe penalty was solidified by the Texas Supreme Court in Kroger Co. v. Keng, which established that non-subscribers cannot submit a question of the employee’s negligence to the jury. Because of this, we only need to prove that the employer was negligent, even just 1% to hold them fully liable for your damages.

Can I Sue a Third Party for My Workplace Injury?

Yes, you can file a third-party liability lawsuit against general contractors, property owners, or other entities if they exercised control over the safety aspects of your work. Under the ‘Retained Control‘ doctrine adopted by the Texas Supreme Court in Redinger v. Living, Inc., a general contractor who retains control over any part of the work but fails to exercise that control with reasonable care is liable for the injuries that result.

Whether you are a construction worker in Alamo Heights or a driver on Loop 410, we utilize this doctrine to pierce the corporate veil and hold negligent third parties accountable. While identifying the correct defendants opens the door to compensation, securing that recovery requires scientifically proving exactly how their actions led to your injury.

How Is Liability Determined in San Antonio Work Accidents?

Liability is determined by thoroughly investigating the chain of events to prove that an employer or third party failed to maintain a safe working environment or violated specific safety regulations. In San Antonio, industries like the Eagle Ford Shale oil sector pose acute dangers for contracted crews.

The 2023 Texas Census of Fatal Occupational Injuries reports that ‘Support Activities for Mining‘ accounted for 30 fatal injuries, ten times higher than direct extraction roles. In these high-risk environments, determining liability involves immediately securing incident reports and preserving surveillance footage to prove that the operator failed to protect its support contractors.

We act immediately to prevent the spoliation of evidence, ensuring that physical proof of negligence, such as a broken tool or a lack of safety barriers, is preserved for trial.

How Do We Prove Unsafe Working Conditions Caused Your Injury?

We prove unsafe conditions by demonstrating that your employer violated their non-delegable duties owed to every Texas employee. As outlined in the seminal case Farley v. M M Cattle Co., employers have an absolute duty to provide safety rules and regulations, safe machinery, and adequate job assistance.

If a warehouse in Kirby ignored these protocols, for example, by failing to train drivers on forklift traffic, we leverage the Farley precedent to show that this failure was not just an oversight, but a direct violation of Texas law.

What Role Do Expert Witnesses Play in Your Case?

Expert witnesses, such as accident reconstructionists, industrial safety engineers, and medical specialists, provide the authoritative scientific and technical testimony needed to establish causation and validate the extent of your damages. In complex cases involving machinery failure or structural collapse, a general understanding isn’t enough; we retain industry-leading experts to explain to a jury exactly how the defendant’s negligence physically caused your catastrophic injury.

Their testimony connects the legal theory of liability to the medical reality of your lifelong impairments, making it difficult for defense attorneys to dismiss your claim. Establishing clear liability lays the foundation for the most essential part of your case: calculating the full financial value of the life you have lost and the future you need to secure.

What Damages Can You Recover in a Texas Work Injury Lawsuit?

In a personal injury lawsuit, you can recover economic damages for all past and future medical bills and lost wages, as well as non-economic damages for pain and suffering, physical impairment, and loss of enjoyment of life. Unlike the limited administrative benefits provided by workers’ compensation, a civil lawsuit allows you to demand compensation that reflects the actual human cost of the injury, not just a calculation of your weekly pay. This includes compensation for disfigurement and mental anguish, which are often the most devastating aspects of a catastrophic workplace accident.

It is crucial to understand the difference in potential value. What is the maximum TTD rate in Texas for 2024? For standard workers’ comp claims, Temporary Total Disability (TTD) benefits are capped at roughly $1,168 per week (adjusting annually), which rarely covers the full income of skilled laborers in the oil or construction fields.

In a non-subscriber or third-party lawsuit, there is no such arbitrary cap on your lost earning capacity, allowing us to fight for the millions of dollars necessary to support your family for decades.

Real Results from San Antonio Work Accident Cases

Our firm has secured multi-million dollar verdicts and settlements by aggressively litigating work injury claims and refusing to accept lowball offers from insurance giants. For example, in the case of Mario Trevino Mendoza v. Farmers Best International LLC, our client suffered a crushed foot and an amputated toe. At the same time, the defense offered $1.3 million, we took the case to trial and secured a $7.9 million verdict.

We also achieved a $3.9 million settlement for a worker with spinal, eye, and hand injuries, and a $17 million settlement in a wrongful death case involving a commercial vehicle, proving that aggressive trial preparation yields results far superior to quick settlements.

How Are Future Medical Costs and Lost Wages Calculated?

We calculate future costs by working with certified life care planners and forensic economists to project the lifetime expense of surgeries, rehabilitation, home modifications, and lost earning capacity based on your specific career trajectory. If you suffered a traumatic brain injury (TBI) or spinal cord damage while working in Southwest Bexar County, your medical needs will extend far beyond the initial emergency room visit.

We ensure that inflation, medical cost increases, and your inability to return to high-paying labor jobs are all factored into the final demand we present to the jury. Insurance companies will fight these calculations with their own team of adjusters, which is why you need a trial lawyer who knows their playbook and isn’t afraid to challenge them in court.

Why Do You Need a Trial Lawyer to Fight the Insurance Company?

You need a trial lawyer because insurance companies, like Fred Loya or large commercial carriers, often deny valid claims or offer low settlements unless they fear a courtroom verdict that could cost them millions more. “Settlement mills” are firms that rely on high volume and quick turnover and often lack the resources or willingness to file a lawsuit; insurance adjusters know precisely who they are.

Trevino Injury Law prepares every case for trial from day one, signaling to the opposition that if they do not offer fair compensation, we are fully prepared to let a jury decide the outcome in the Bexar County Courthouse.

How Does the Contingency Fee Work?

We operate on a contingency fee basis, meaning you pay zero upfront costs, and we only get paid a percentage of the settlement or verdict we win for you. You never have to worry about hourly bills or retainer fees; our firm advances all expenses for filing lawsuits, hiring experts, and conducting investigations. This “No Win, No Fee” structure levels the playing field, giving injured workers in Live Oak, Leon Valley, and across South Texas access to high-quality legal representation against well-funded corporate defendants without any financial risk.

We believe financial barriers should never prevent injury victims from seeking justice for serious work-related injuries. Whether you were injured in a work accident or need to fight a denied workers’ compensation claim, our promise is simple: you pay no attorney fees unless we win. Do not wait to get the help you need. Contact our San Antonio workplace legal team today to review your compensation claim and secure your future.

Once you decide to hire us, we must act quickly before strict legal deadlines expire and permanently bar your right to compensation.

What Is the Statute of Limitations on a Work Injury in Texas?

Under the Texas Civil Practice & Remedies Code, you generally have exactly two years from the date of your workplace accident to file a personal injury lawsuit against a negligent employer or third party, after which your claim will be permanently barred by the court regardless of its validity. While rare exceptions exist, such as the “discovery rule” for injuries not immediately apparent, relying on these is incredibly risky.

In San Antonio’s fast-paced construction and industrial sectors, the practical deadline is often much sooner, as vital evidence such as job-site surveillance video is frequently overwritten within 30 days.

Waiting until the two-year mark approaches is a common mistake that destroys potentially successful cases. By the time many injured workers call a lawyer, witnesses have moved away, machinery has been repaired or replaced, and the daily logs proving safety violations have “disappeared.”

We filed suit well before this deadline to use the court’s subpoena power to secure this evidence. Once you have successfully filed your claim within this strict two-year window, the focus shifts to understanding the legal process timeline.

How Long Does a Work Injury Lawsuit Take?

A work injury lawsuit in San Antonio can take anywhere from 6 months to several years, depending on the complexity of the liability investigation, the number of defendants involved, and whether the case proceeds to a jury verdict.

While some non-subscriber cases settle quickly once we expose the employer’s negligence, complex third-party claims involving catastrophic injuries often require a lengthy “discovery” phase, during which we depose witnesses and battle over evidence access in downtown Bexar County District Courts.

During this time, communication is vital to your peace of mind. How do I check the status of my workers’ comp claim in Texas? For standard administrative claims, you would typically check via the Texas Department of Insurance online portal; however, in a private injury lawsuit handled by our firm, you do not need to navigate government websites.

We provide regular, direct status updates on your case’s progress through the legal system. We handle the procedural burdens so you can focus entirely on your physical recovery.

Do I Need a Lawyer for a Workers’ Comp Settlement?

Yes. A lawyer can help ensure your impairment rating is accurate so you don’t leave money on the table. In a complex workplace injury case, hiring a personal injury lawyer is highly recommended to secure the maximum benefits allowed by law rather than accepting a low offer. Minimized offer.

Can My Employer Fire Me for Filing a Claim?

No. Texas workers’ compensation laws explicitly prohibit employers from retaliating against, firing, or discriminating against an employee for reporting an on-the-job injury. You have the absolute right to file a personal injury claim or a benefits claim in good faith without fear of losing your livelihood.

Do I Have to Accept Light Duty After an Injury?

Yes, generally. If you were hurt on the job and your doctor clears you for light duty, refusing a position that meets your restrictions following a workplace accident may jeopardize your ongoing income benefits.

Is It Worth Getting a Lawyer for a Work Injury?

Yes. Statistics consistently show that accident victims represented by an experienced San Antonio work injury attorney recover significantly higher settlements. Our law firm and injury lawyers in San Antonio handle the complex liability investigations that individuals cannot manage alone.

Workers’ Comp vs. Personal Injury Lawsuits: What Is the Difference?

The main difference is that workers’ compensation is a limited insurance system that pays only medical bills and a portion of lost wages regardless of fault. At the same time, a personal injury lawsuit seeks full compensation for all damages, including pain and suffering, but requires proving negligence.

For a worker injured at a tech campus in Windcrest or an industrial park near Port San Antonio, this distinction dictates your financial future: workers’ comp protects the employer from high payouts, whereas a lawsuit holds them fully accountable.

In a lawsuit, you are not restricted to a pre-set schedule of benefits. You can claim damages for physical disfigurement, mental anguish, and the full loss of your future earning capacity, categories that are entirely excluded from standard workers’ comp policies.

But what if you are stuck in a situation where the system fails because your employer refuses to acknowledge that the accident happened?

What Happens If My Employer Does Not Report My Injury?

If your employer fails to report your injury to their insurance carrier or the state within 8 days, they may face administrative penalties. Still, you must take immediate action to file the claim yourself using DWC Form-001 to protect your rights. In the rural oil/gas sectors near Somerset or Von Ormy, unscrupulous employers often discourage reporting to keep their insurance premiums low or to hide the fact that they are non-subscribers.

If you suspect your employer is suppressing the report, do not wait for them to “do the right thing”. Their inaction acts as a trap; if the injury isn’t officially documented, they can later claim it happened off the clock or never happened at all.

Delaying this action often leads to the worst-case scenario: your rights expiring.

When Is It Too Late to File a Work Injury Claim?

It is generally too late to file a claim once the two-year statute of limitations has expired, which will result in your case being permanently dismissed by the court, regardless of how severe your injuries are. Beyond this lawsuit deadline, there is also a critical 30-day window to report the injury to your employer; failing to provide this initial notice can be used by defense attorneys to deny your claim entirely, even if you file the lawsuit on time.

Whether you were injured on a construction site in Shavano Park or a retail center in Universal City, these deadlines are unforgiving. The court does not accept “I didn’t know” as a valid excuse for missing these dates, making immediate legal consultation essential.

Secure Your Future: Call Trevino Injury Law Immediately

Non-subscriber employers and insurance adjusters frequently “lose” evidence to avoid liability, while high-volume settlement mills help them get away with it by folding under pressure. We force them to pay. We turned a $1.3 million lowball offer into a $7.9 million verdict right here in Bexar County because we prepare every case for war. You need a San Antonio work accident lawyer who acts immediately to subpoena safety logs and preserve surveillance footage before it is overwritten.

Call 210-TREVINO for a free case review. We fight on a No Win, No Fee basis. Se Habla Español.