Filing a Work Place Injury Claim: The Ins and Outs

When you’ve been hurt on the job, the last thing you should have to worry about is money. You shouldn’t have to deal with the costs of medical treatment, the wages you’re losing, or any other financial pain. You should be able to focus on recovering and healing from your injuries. Thankfully, if your employer carries workers’ compensation insurance, you may be able to do just that. In many cases, the insurance provider will take care of your medical bills, lost wages, and more, so you can recover in peace. Unfortunately, not all employers carry workers’ comp insurance, and even if they do, it doesn’t cover all types of injuries. In this case, if you’re hurt on the job and workers’ comp won’t help, it’s time to take legal action and file a work place injury claim.


What is a Work Place Injury Claim?

A work place injury claim can ensure you’re compensated for all the expenses and costs you’ve had to incur from your accident. It can cover your medical bills, pay your wages while you’re away recovering, and even cover transportation costs to and from your treatments.


All in all, a work place injury claim may compensate you for:

  • Any medical expense you incur, including current costs, prescription expenses, and any treatments you expect in the future, such as rehabilitation, therapy, and more.
  • Lost income and wages you’ve racked up from being unable to work.
  • Income and benefits you will lose in the future if your injury has rendered you unable to do your job.
  • Any property that was damaged during the course of your accident.
  • Punitive damages, if the employer, coworker, or other party involved was extremely reckless or negligent in their behavior.
  • The pain and suffering you and your family have had to endure.
  • Any reduction in your quality of life because of the injury.


There may be other types of damages available, too. To determine the damages your specific case could garner you, it’s best to speak to a qualified legal professional who can evaluate your injury and accident to the fullest.


When You Can File a Work Place Injury Claim

Workers’ compensation is not the answer to every injury that occurs in the workplace. In fact, sometimes it’s not even possible. There are a number of situations in which a work place injury claim is either the only choice, or could garner the victim more compensation. Some of these include:

  • Your employer doesn’t have workers’ compensation insurance.
  • Your employer intentionally caused your accident or was extremely negligent in causing it.
  • Your injuries were the result of exposure to toxic chemicals in the workplace.
  • Your injuries stemmed from a defective product, piece of equipment, or machine.
  • Your accident was caused by a third party, such as another worker, a subcontractor, a property owner, or some other person on the scene.


If your employer does have workers’ compensation, and the accident was not caused by a third party and did not involve toxic exposure, a defective product, or extreme negligence, you will be forced to seek compensation through your employer’s workers’ comp insurance provider.


Getting Started with a Work Place Injury Claim

If you’ve been injured on the job, your first step is to notify your employer. If your employer has workers’ compensation coverage, they will begin the claims process with their insurer and you will have to go through them for compensation. If there are undue delays regarding your claim or you have problems getting the funds you are due, speak to an attorney for guidance.


If your employer informs you they do not have workers’ comp, then get in contact with a lawyer as soon as possible. They’ll be able to advise you on the legal action you should take and help you file your work place injury claim, so you can get the compensation you deserve.


Hurt on the job? Contact the Law Offices of Pat Maloney today for help.

5 Dont’s of Car Wreck Settlement

If you want a favorable car wreck settlement – one that compensates you adequately for your injuries, car damage, and other incurred costs – you need to be extra careful when navigating your claim. Specifically, you need to take steps to avoid these five major (but all too common) mistakes:

  1. Don’t admit fault. Never, ever, ever say “sorry,” “oops,” “my bad,” or anything else that could be interpreted as you taking the blame. If you’re implicated at all in causing the accident, it could significantly lower the car wreck settlement you can be awarded or, in some cases, it could negate it altogether. In which case, you’d end up footing the bill for a wreck you didn’t really cause!
  2. Don’t give a recorded statement. After you’ve been in an accident, you will likely be contacted by representatives of the other driver’s insurance company. They’ll want to discuss the wreck with you, get your side of the story and, often, get a recorded statement from you. Ultimately, they are looking for you to slip up. They want to catch you in a lie, making an error, or doing something else that could prove you an unreliable witness. If they’re successful, your settlement will be affected negatively.
  3. Don’t go it alone. A lawyer is crucial to getting a favorable car wreck settlement. They can gather evidence, file appropriate paperwork, and advise you on any statements to the insurance company. In fact, they can even handle all insurance communication altogether! In the end, this leads to a more successful claim and settlement.
  4. Don’t accept the first offer you get. Insurance companies don’t want to pay out. In most cases, your first settlement offer is going to be a low-ball one. It won’t be enough to cover your damages or hospital bills. Always run settlement offers by your lawyer before accepting them. They’ll be able to ensure they’re an adequate amount for your wreck.
  5. Don’t use their recommended service providers. Many insurance companies will try to force you to use their car repair shops, doctors, and other service providers. Little do you know, they have relationships with these providers, and they’ll give you inaccurate or low-ball estimates in order to save the insurance company money. Always use your own providers – ones you know and trust.


Want a favorable car wreck settlement? Avoid these 5 don’ts and call an attorney at the Law Offices of Pat Maloney today!

San Antonio Workers Compensation Attorney: Qualifying Injuries


If you were hurt on the job or at the workplace, you should check out the guide below from San Antonio workers compensation attorney Pat Maloney to see if your injuries qualify you for workers’ comp benefits. Whether you simply sprained an ankle, or you suffered a debilitating, life-changing injury, workers’ compensation is designed to provide you with support as you recover and heal from your incident, no matter what type of injury was inflicted. If you are wondering if you are eligible for workers’ compensation, take a look below for general guidelines.


What Qualifies an Injury for Workers’ Comp?

There aren’t any specific, outline injuries that must be suffered in order to be eligible for workers’ comp. Instead, your injury and the situation surrounding it must meet three main requirements:

  1. Your employer carries (or is legally required to carry) workers’ compensation coverage. In order to be eligible for workers’ comp benefits, you first must be sure your employer has workers compensation insurance coverage. If they don’t, ask your San Antonio workers compensation attorney if they are required to do so by law. If they are, you could still be eligible for benefits.
  2. You’re an employee of the company. This means you cannot be an independent contractor, subcontractor, or consultant. You must be a bona fide employee of the company in order to reap the benefits of their workers’ comp coverage.
  3. Your injury is work related or occurred on the job. The injury suffered must have happened during the course of duty or, in the case of certain health conditions, developed over time as a result to chemical exposure, physical demands, or other factors at the workplace.


Unsure as to whether your injury meets these requirements? Need help pursuing your workers’ comp benefits? Then contact San Antonio workers compensation attorney Pat Maloney today. He can help get you the compensation you deserve for your injuries.