6 Facts About Workers Compensation — Do You Need an Attorney?

You have pain that started while on the job. You’re certain — or at least strongly suspect — that you might be eligible for workers compensation. You mention it to a friend, and suddenly, you’re being regaled with all kinds of “me too” or “a friend of mine” stories and advice. While well intentioned, keep in mind that you may be hearing more myth than facts.


So, what’s the truth?


  1. Work-related injuries don’t always occur at the work site. A trip and fall on a construction site, a repetitive stress injury at an office workstation, or an accident on a factory floor are locations most people think of when it comes to workers compensation claims. However, a significant number of injuries occur in car crashes as employees travel for their jobs.
  2. Illnesses, not accidents, account for hundreds of deaths each year. An illness could afflict a worker in a healthcare setting, a factory worker in an industrial setting, or a construction worker exposed to the elements.
  3. Employees of medium-sized companies file more workers compensation claims than those who work for small or large companies. Why? Workers for small firms may assume (or are told) the company is too small to carry coverage; larger corporations tend to have the resources to invest in employee training to minimize accidents and injuries.
  4. Workers compensation laws vary by state. Therefore, it’s important to study and be aware of details like filing deadlines and statutes of limitations — and to take your out-of-state brother-in-law’s advice with a grain of salt.
  5. Workers compensation claims can cross state lines. If a company is based in one state but an employee is injured on a work-related task in another, the employee may be able to file claims in both states.
  6. Every workers compensation claim requires an attorney. Strictly speaking, this isn’t true, but a particularly complicated case (see above re: multi-state claims) or a severe injury that impacts a worker’s physical and/or cognitive capacity will certainly benefit with an attorney’s assistance.


Contact us today to find out if your workers compensation claim needs the expertise of a qualified attorney.


Don’t Pick the Wrong San Antonio Personal Injury Attorney

If there’s one thing worse than realizing how seriously an injury has impacted your life, it’s that sinking feeling you get when you realize you’ve picked the wrong San Antonio personal injury attorney.

How do you know if your attorney is a bad fit? It may be tough to put your finger on any one reason, so here are a few warning signs:

  • The ink isn’t dry on the framed bar association certificate on the wall.
    That doesn’t mean your San Antonio personal injury attorney isn’t good or doesn’t have good intentions. It just means they may not have the experience to represent you in the absolute best way for your unique case. Personal injury laws can be tricky, and one missed deadline can cost you everything.
  • They don’t return your calls.
    If you aren’t receiving regular updates in the form of emails or phone calls or if your own emails and voicemails go unanswered for days, it’s time to look for a different attorney.
  • You don’t trust them.
    It’s true that some attorneys simply have better people skills than others. You don’t have to necessarily like your San Antonio personal injury attorney in order to trust that they’ll handle your case well, but if your gut is telling you something isn’t right, don’t hesitate to look for a better fit elsewhere.
  • Fees are not clearly defined.
    If you’re getting substantial bills that aren’t itemized or contain items that weren’t previously agreed upon, it’s time to find a new attorney — especially if they refuse to discuss your concerns off the clock.
  • They aren’t a specialist.
    It takes a long time to accumulate the knowledge and expertise to become a competent San Antonio personal injury attorney. Choosing a general attorney might seem “good enough,” but you don’t want representation behind the curve when the other side’s attorneys are at the top of their game.

If you’re looking for a San Antonio personal injury attorney, look no further than our trained, experienced, and personable attorneys at Pat Maloney. Contact us today.

Get the Most Out of a Car Accident Settlement

A car accident settlement can be one of the toughest negotiations you’ll ever encounter. Don’t go into it without backup, in terms of evidence and representation.



Get Your Ducks in a Row


There’s no reason to delay the start of the negotiation process with the insurance company after you’re healed (or healed enough to devote time and energy to the process). Make sure you have all your evidence in place and organized, such as:


  • Police reports.
  • Medical records.
  • Photographs.
  • Witness statements.

The more detailed these records, the better — you don’t want to leave any stone unturned in getting enough in the settlement to cover your losses.



Aim a Little Higher Than Necessary

The first rule of negotiating a car accident settlement is similar to bartering: figure out a fair price, and start negotiations a minimum of 25 percent above it. The insurance company will undoubtedly come back with a lowball offer. If after several rounds of negotiation, no agreement is reached, you may be headed for court. It’s up to you to decide if the insurance company’s final offer is truly too low or if it’s close enough to your goal to not draw out the process any longer than necessary.



Don’t Lose Your Temper

The insurance representatives will resort to several tactics to get your emotions riled up, including minimizing the severity of your injuries. Don’t fall for it. Remain calm and stick to the facts to maximize your car accident settlement.



Don’t Go on Record(ing)

If an insurance adjuster requests that you make a recorded audio or video statement, don’t. Remember “anything you say can and will be used against you,” and the nervousness you experience while being recorded could trigger the tendency to talk more than you normally would.



Don’t Wonder Why

The whole process of negotiating a car accident settlement can seem convoluted and at times, make no sense. That’s why it’s a good idea to have experienced representation to stay focused on the task at hand, maximizing your settlement to cover your expenses.

3 Terrible Reckless Driving Consequences

When you’re traveling for your daily commute, reckless driving consequences are usually the last things on your mind. It’s a known fact that releasing pent-up frustration can be healthy. Crank up the music, and sing at the top of your lungs. Scream into a pillow. Work it out at the gym. But one of the worst places to vent is behind the wheel of a two-ton missile, otherwise known as your car.



Temper, emotion, busyness, even the temptation to have a little fun can have horrendous repercussions if you’re not thinking about reckless driving consequences. In Texas, reckless driving is defined as willfully operating a vehicle without regard for the damage you could do to yourself, other people, or property.



  1. Speeding

Speeding can cover more than just driving above the posted speed limit. Driving too fast for road or weather conditions is easy to do, especially if you’re in a hurry. Just ask first responders who grimace every time flash flood warnings are issued — it means they’ll probably be rescuing someone who overestimated their driving skills and underestimated the power of less than a foot of moving water.


At best, reckless driving consequences could include a misdemeanor charge, a fine, or maybe jail time. At worst? Innocent lives could be affected.



  1. Eluding Police

In Texas, if you fail to immediately pull over if signaled or verbally ordered to do so by a uniformed officer in a marked car, you could face a charge of fleeing or attempting to elude. Police, who have seen too many innocent victims in the aftermath of police chases, take this very seriously. You could be looking at up to a year in jail and thousands of dollars in fines. Throw alcohol into the mix, and your license could be suspended for a very long time.



  1. Drag Racing

If you’re charged with drag racing, now you’re flirting with a felony. If someone is hurt or killed as a result, the reckless driving consequences could be a couple decades behind bars.



In any case — especially yours — don’t set foot in a courtroom without skilled representation by your side. Going it alone could be the most reckless act of all.