Were you hurt in a work accident?
Our San Antonio work injury lawyers will fight for you
When you’ve been injured on the job by someone who works for another company, our experienced San Antonio work injury lawyers can help you take legal action against the negligent party through a third-party claim. Don’t pay for someone else’s recklessness. Contact a work injury attorney from our San Antonio law firm today for a free consultation.
Work injuries often occur due to mistakes made by someone else. In many cases, that person works for another company. When these accidents occur, injury victims can take legal action against the negligent party by filing a third-party claim.
Texas third-party workplace accident claims can be very complicated. If you don’t have an attorney who fully understands how the legal system works here, you might not receive the financial compensation you rightfully deserve.
1800 W. Commerce St.
San Antonio, TX 78207
Phone: (210) 224-1054
Our San Antonio work injury lawyers can help. That’s because we have decades of experience handling these types of cases. We have helped injured workers and their families get maximum compensation, including a settlement of over $10 million for a worker’s wrongful death and a $1 million policy limit settlement.
At the Herrera Law Firm, we know what to do because we’ve done it many times before. That’s why our motto is: “Winning isn’t luck. It’s knowing how to fight.”
Please note: The Herrera Law Firm does not accept workers' compensation cases but does handle third-party claims related to work injuries.
FAQs About San Antonio Work Injury Claims
- What are examples of third-party work injury claims?
- What are common types of work injuries?
- What are the most dangerous jobs and industries?
- What common types of OSHA violations lead to work injuries?
- What is the average settlement amount for a San Antonio work injury claim?
- How long do you have to file a work injury claim in Texas?
- How much does it cost to hire a lawyer?
What are examples of third-party work injury claims?
Third-party work accidents cover a wide range. For example, if you are an employee operating a machine maintained by an outside company (a third party) and you are injured because of improper maintenance, you may have a right to file suit against that third party.
Third-party claims may involve a construction accident, where several subcontractors and other third parties may be liable. For instance, claims could be filed against a product manufacturer, building engineer or delivery truck driver.
Other examples of third-party claims growing out of workplace injuries include:
- An injury while working at unsafe premises owned by someone other than your employer
- Driving on the job and suffering injuries caused by a motorist who is not hired by your employer
- Injury on the job due to defectively manufactured equipment
- Injury on the job because of poor inspections conducted by independent safety inspectors
- Third-party claims can be filed in cases that result in all types of workplace injuries, from brain injury to burns and loss of sight.
- In addition, in Texas, some employers “opt out” of workers’ compensation. If you’re hurt on the job while working for a non-subscribing employer, you can sue your employer in the same way that you would sue a negligent third party.
What are common types of work injuries?
Work injuries range from nagging aches to life-changing trauma. Here are some of the most common problems workers face:
- Strains and sprains to the back, shoulders, and knees from lifting, pushing, pulling, or repetitive motions.
- Slips, trips, and falls that cause bruises, sprained ankles, broken bones, or head injuries.
- Cuts and lacerations from tools, machinery, box cutters, or sharp materials on the job.
- Contusions and “struck by” injuries when a worker is hit by equipment, vehicles, or falling objects.
- Crush injuries and “caught in or between” injuries involving machines, forklifts, or heavy loads.
- Burns and electrocutions from hot surfaces, open flames, faulty wiring, or live electrical parts.
- Exposure to harmful chemicals or fumes leading to respiratory problems or skin conditions.
- Repetitive motion injuries, tendonitis, and other chronic musculoskeletal disorders from doing the same task over and over.
What are the most dangerous jobs and industries?
Some jobs come with built-in risk because of the environment, equipment, or pace of work. Examples include:
- Transportation and material moving work, including truck drivers and delivery drivers, which consistently account for the most fatal injuries in Texas.
- Construction jobs, where workers face falls from heights, falling objects, electrocutions, and equipment entrapment.
- Logging, tree work, and forestry, which combine heavy equipment, chainsaws, and unpredictable outdoor conditions.
- Roofing and other elevated work, where a single misstep or missing guardrail can be deadly.
- Agriculture and ranching, involving tractors, large animals, and powerful machinery in remote locations.
- Oil and gas extraction and support roles, which mix high pressure systems, flammable materials, and heavy industrial equipment.
- Manufacturing, warehousing, and maintenance jobs with forklifts, conveyors, presses, and hazardous materials on the floor.
What common types of OSHA violations lead to work injuries?
When employers ignore basic safety rules, certain OSHA violations show up repeatedly and often tie directly to serious injuries:
- Fall protection failures in construction, including missing guardrails, unsafe scaffolds, and lack of personal fall arrest systems.
- Ladder and scaffold violations, such as damaged equipment, improper setup, or using the wrong ladder for the job.
- Hazard communication problems, like unlabeled chemicals, missing Safety Data Sheets, or no training on chemical risks.
- Machine guarding violations, where moving parts are exposed and can grab clothing, fingers, or hair, leading to amputations or crush injuries.
- Respiratory protection issues, including no respirators, the wrong type of respirator, or lack of fit testing and training.
- Electrical safety failures, such as exposed live parts, improper wiring, or working on energized systems without protection.
- Lack of lockout/tagout procedures to safely de-energize machines before maintenance or repair.
What is the average settlement amount for a San Antonio work injury claim?
There is no single “average” settlement amount for San Antonio work injury claims, because outcomes depend heavily on the severity of injuries. However, settlements after a work injury can range from $12,000 to $800,000 or more. Cases involving catastrophic injury can even reach the millions.
Work injury settlements can fall on either end of that spectrum depending on medical costs, lost wages, permanent disability, and how strong the proof of employer negligence is in a nonsubscriber claim. Our San Antonio work injury lawyers will leave no stone unturned when determining how much compensation you deserve.
How long do you have to file a work injury claim in Texas?
For a Texas work injury claim, you usually have two years from the date of the injury to file a negligence lawsuit in court. Missing that statute of limitations can bar your claim completely, no matter how serious your injuries are. There are also special rules and shorter timelines if your claim involves a government employer or certain third parties, such as equipment manufacturers or outside contractors. Because these rules are easy to overlook, talking with a San Antonio work injury lawyer early is the safest way to protect your rights.
How much does it cost to hire a lawyer?
When you hire the San Antonio work injury attorneys at the Herrera Law Firm, you don’t pay anything up front. Instead of hourly billing, our fee is a percentage of the settlement or verdict we recover for you.
Our goal is to make sure you get quality legal representation you can afford, so employers and their insurers don’t have an advantage over you.
A work injury attorney can help you
Workers' compensation law generally prevents employees from suing their employers, but the law does allow injury victims to pursue claims against third parties. The Herrera Law Firm advocates for victims injured in work accidents so they can get the compensation they deserve. When you hire us to handle your third-party work accident, we will thoroughly investigate your claim. Our approach often includes:
- Reviewing workplace safety inspection reports
- Analyzing your accident report
- Interviewing witnesses
- Visiting your accident site
- Consulting with experts
- Filing a third-party work accident lawsuit on your behalf
If you were injured in a work accident, it's important to know your rights. Some accident victims make decisions before consulting with an attorney and end up losing out on compensation they could have received. Don't make that mistake. Get in touch with a dedicated workplace injury lawyer from our San Antonio law firm as soon as possible. Contact us today for a free consultation.