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San Antonio, TX

San Antonio Work Injury Attorneys

Knowledgeable Guidance for Workers Injured in San Antonio, TX

If you or a loved one has suffered a workplace injury, navigating the aftermath can be overwhelming. Between medical bills, lost income, and dealing with employers and insurance companies, you need a legal advocate who can protect your rights and help you recover the compensation you deserve. At Kemmy Law Firm, P.C.., our experienced San Antonio work injury lawyers are here to provide compassionate, results-driven representation.

With decades of experience and a proven track record, we are committed to holding negligent parties accountable and helping injured workers secure the financial recovery they need to move forward.

If you've been injured on the job in San Antonio, contact us today at (830) 264-6297 for an initial consultation.

 

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The Kemmy Difference

We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

Hear How We've Made A Difference

Check out some of our most recent videos.

  • $20 MILLION Oil and gas case involving significant economic harm
  • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
  • $13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
  • $8 MILLION Young college student suffers brain injury from negligent conduct
  • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
  • $6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall

Most Dangerous Workplaces

Workplace injuries can happen in any industry, but some jobs are inherently more dangerous than others. In San Antonio and throughout Texas, workers in the following industries face a higher risk of injury:

  • Construction: Falls from heights, scaffold collapses, and equipment accidents make construction one of the most hazardous industries.
  • Oil and Gas: Workers face risks from explosions, fires, and exposure to toxic substances on rigs and at refineries.
  • Transportation and Warehousing: Truck drivers and warehouse employees frequently suffer injuries from vehicle accidents, heavy lifting, and falling objects.
  • Manufacturing: Operating heavy machinery and exposure to hazardous materials lead to numerous injuries in manufacturing facilities.
  • Healthcare: Nurses, aides, and other healthcare professionals often experience overexertion injuries and exposure to infectious diseases.

Common Types of Work Injuries

Workplace injuries vary widely in severity and type. Some of the most common injuries our San Antonio work injury lawyers handle include:

  • Traumatic Brain Injuries (TBIs): Caused by falls, falling objects, or vehicle accidents.
  • Spinal Cord Injuries: Often result from falls, heavy lifting, or machinery accidents.
  • Burns: Caused by fires, explosions, or exposure to chemicals.
  • Fractures and Broken Bones: Result from falls, vehicle collisions, or being struck by heavy objects.
  • Soft Tissue Injuries: Including sprains, strains, and repetitive stress injuries.
  • Occupational Illnesses: Such as respiratory conditions from inhaling toxic substances or repetitive motion injuries like carpal tunnel syndrome.

These injuries can lead to significant medical expenses, time away from work, and long-term disabilities.

Common Causes of Work Injuries

Workplace accidents are often preventable. Unfortunately, negligence by employers, contractors, or other parties frequently leads to unsafe working conditions. Common causes of work injuries include:

  • Lack of Proper Training: Workers without adequate training are more likely to make mistakes or operate equipment unsafely.
  • Unsafe Equipment: Defective or poorly maintained tools and machinery can lead to serious accidents.
  • Falls: Slippery floors, unguarded heights, and unstable scaffolding contribute to many workplace falls.
  • Overexertion: Lifting heavy objects, repetitive motions, and long hours can result in debilitating injuries.
  • Exposure to Hazardous Materials: Lack of protective gear or improper handling of chemicals can cause burns, respiratory issues, and other health problems.
  • Motor Vehicle Accidents: Truck drivers, delivery drivers, and workers operating vehicles on the job are at high risk of collisions.

When negligence plays a role in your workplace injury, we work tirelessly to hold the responsible parties accountable.

What to Do After a Work Injury in Texas

Taking the right steps after a workplace injury is crucial for protecting your health and legal rights. If you've been injured on the job in San Antonio, follow these steps:

  1. Seek Medical Attention: Your health should be your top priority. Visit a doctor immediately to document your injuries and begin treatment.
  2. Report the Injury: Notify your employer as soon as possible. Texas law requires employees to report work-related injuries within 30 days.
  3. Document the Incident: Gather evidence, such as photographs of the accident scene, witness statements, and a written account of what happened.
  4. File a Workers' Compensation Claim: If your employer carries workers' compensation insurance, file a claim to receive benefits for medical expenses and lost wages.
  5. Consult a Work Injury Lawyer: Even if your employer has workers' compensation, you may be entitled to additional compensation through a third-party claim.  Our San Antonio work injury attorney can help you explore all your options.

San Antonio Work Accident FAQs

What should I do immediately after a work accident?

If you're injured in a work-related accident in San Antonio, your first priority should be your health—seek medical attention right away. After that, it's critical to notify your employer about the incident as soon as possible, ideally in writing. Texas law generally requires that a worker reports their injury within 30 days to maintain eligibility for workers’ compensation benefits. Document everything related to the accident, including witness information and photos if possible, and consider consulting a workers’ compensation attorney to help you understand your rights and the next steps.

Do all employers have to carry workers’ compensation insurance?

No, Texas is unique in that it doesn’t require private employers to carry workers’ compensation insurance. Some employers in San Antonio may choose to be non-subscribers, meaning they opt out of the state’s workers’ comp system. If you’re injured while working for a non-subscriber, you might be able to sue your employer directly for damages, which often include pain and suffering—something not typically available under workers’ comp. It’s important to find out whether your employer subscribes to the system to determine the proper route for your claim.

What benefits can I receive through a workers’ compensation claim in Texas?

Workers’ compensation benefits in Texas typically cover medical expenses related to your injury and a portion of your lost wages if you're unable to work. These wage benefits are usually about 70% to 75% of your average weekly earnings, up to a state-mandated cap. There are also specific benefits for temporary or permanent disability, depending on the severity of your injury. Keep in mind that pain and suffering are not covered under Texas workers’ compensation, so if your employer is a non-subscriber, you might have additional legal options.

Can I be fired for filing a workers’ comp claim?

It’s illegal for an employer to retaliate against an employee for filing a legitimate workers’ compensation claim in Texas. This includes firing, demoting, or otherwise punishing an employee for exercising their rights. However, Texas is an “at-will” employment state, which means employers can terminate employees for nearly any reason, as long as it’s not discriminatory or retaliatory. If you suspect retaliation, it's a good idea to speak with an employment or workers’ comp attorney to protect yourself.

How long do I have to file a work accident claim in Texas?

In Texas, you generally have one year from the date of your work-related injury to file a formal workers’ compensation claim with the Division of Workers’ Compensation (DWC). However, you must report the injury to your employer within 30 days of the accident. Failing to meet either deadline could jeopardize your ability to receive benefits. Because deadlines can be tricky and vary based on the circumstances, it's often best to act quickly and consult a legal professional if you're unsure.

Should I hire a lawyer for a work accident claim?

While you aren’t required to hire a lawyer, having one can significantly improve your chances of receiving fair compensation—especially if your claim is denied or your employer is a non-subscriber. Our San Antonio work injury attorney can help you navigate the complex claims process, gather evidence, negotiate with insurance companies, and ensure your rights are protected.

We Know the Stakes The Kemmy Experience

All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.

Recovering Compensation After a Work Injury

In Texas, recovering compensation after a workplace injury depends on your employment situation and the circumstances of your case. Workers' compensation benefits may cover medical expenses and a portion of lost wages, but they often fall short of addressing the full scope of your damages.

At Kemmy Law Firm, P.C., we explore all available avenues for compensation, including:

  • Workers' Compensation Claims: If your employer provides workers' comp, we ensure you receive the benefits you are entitled to.
  • Third-Party Claims: If a party other than your employer (such as a contractor, equipment manufacturer, or property owner) contributed to your injury, we can pursue a third-party lawsuit for additional damages.
  • Non-Subscriber Claims: Texas does not require employers to carry workers' compensation insurance. If your employer is a non-subscriber, we can file a lawsuit directly against them for negligence.

Compensation may include:

  • Medical expenses
  • Lost wages
  • Future earning capacity
  • Pain and suffering
  • Disability or disfigurement

We fight to secure the maximum compensation available under the law, so you can focus on your recovery.

Call (830) 264-6297 or contact us online today to let us get started on your case.

Let Our Family Protect Yours

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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