What to do After an Injury at Work

What Should You Do If You Are Injured at Work?

If you have been injured in an accident at work, there are steps you need to take to protect your legal rights. Texas law allows undocumented workers to seek financial compensation for their injuries; but, like all workers, you need to avoid mistakes that could put your financial recovery at risk.

Here are five steps you can take to help make sure that you recover maximum compensation for your work-related injury:

1. Collect Evidence

If you are physically able to do so, you should take photos with your phone at the scene of the accident. You should also keep your clothes, ask for copies of your medical records, and write down everything you remember as soon as possible.

2. Seek Legal Representation

To avoid unnecessary complications, you should speak with an attorney as soon as possible after you get injured. Your attorney will be able to deal with the paperwork for you, and he or she will be able to help you avoid settling for less than you deserve.

3. Find Out if Your Employer Participates in Workers’ Compensation

If your employer participates in workers’ compensation (participation is optional in Texas), there are additional steps you need to take to protect your legal rights. For example, you must notify your employer of the accident within 30 days, you must file an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) with the Texas Department of Insurance’s Division of Workers’ Compensation within one year, and you may need to see a doctor who is in your employer’s health care network.

4. Learn about Your Rights and Obligations

Texas’s laws governing work injury claims are unique, and it is important to understand the implications of your status as an undocumented worker. For more information, you can read:

Can Undocumented Workers File for Workers’ Compensation in Texas?
Can Undocumented Workers File Personal Injury Claims in Texas?
Your Rights and Responsibilities (official Texas government website)

5. Get Prepared for Your Injury Claim

From figuring out how to manage your finances to planning ahead so that you can get to your doctor’s appointments on time, everything is more difficult when you are injured. The more you can do to prepare, the easier the next few months will be. At Law Offices of Ronald A. Ramos, we are passionate about helping our clients, and we are here to assist you in any way we can.

By law, you cannot face immigration consequences based on the fact that you have asserted your legal right to compensation for a work injury. However, as an undocumented worker, it is important to understand what filing a claim could mean for your immigration status. For more information, we encourage you to contact us promptly for a free and confidential consultation.

Speak with an Attorney at Law Offices of Ronald A. Ramos

If you live in the San Antonio area and would like to learn more about protecting your rights after a work-related accident, please call (210) 308-8811 or request a consultation online. Your consultation is free and confidential, and we do not charge any fees or costs unless we help you recover just compensation.

Understanding the Texas Workers’ Compensation Timeline

If you are injured at work in Texas, acting quickly is critical to protecting your rights. You must report your injury to your employer within 30 days or risk losing your right to workers’ compensation benefits. After reporting, you have one year from the date of injury to file a claim with the Texas Division of Workers’ Compensation. Missing these deadlines can permanently bar you from receiving the benefits you are entitled to.

For personal injury claims against non-subscriber employers, Texas has a two-year statute of limitations. While this provides more time, gathering evidence early — such as photographs of the accident scene, witness contact information, and medical records — significantly strengthens your case.

Medical Treatment After a Workplace Injury

Seeking prompt medical attention serves two important purposes: it protects your health and creates a documented record linking your injuries to the workplace incident. If your employer has workers’ compensation coverage, they may direct you to a specific doctor or network. However, you have the right to request a change of treating doctor if you are unsatisfied with your care.

Be thorough and honest when describing your symptoms to your doctor. Mention every area of pain or discomfort, even if it seems minor at the time. Some injuries, such as soft tissue damage or herniated discs, may not become fully apparent for days or weeks after an accident. A complete medical record from the start helps prevent disputes about whether your injuries are work-related.

When to Contact a San Antonio Work Injury Lawyer

You should consider speaking with an attorney as soon as possible after a workplace injury, particularly if your injuries are serious, your employer does not carry workers’ compensation insurance, your claim has been denied or disputed, or you believe a third party may be partially responsible for your accident. A knowledgeable San Antonio work injury attorney can help you navigate the claims process and pursue the maximum compensation available under Texas law.