Does my San Antonio employer have to carry workers' comp?
No. Texas is the only state where private employers can opt out. If yours is a "non-subscriber" with no comp, you generally can't claim no-fault benefits, but you can sue the employer for negligence — and the law takes away several of their usual defenses, which can make the case more valuable.
Do I pay a workers' comp lawyer up front in Texas?
No. On a comp claim, fees are capped by the DWC at up to about 25% of benefits, paid from the recovery. On a non-subscriber or third-party injury case, the fee is contingency — roughly 33% before suit and 40% if filed. The consultation is free.
How long do I have to report a work injury in Texas?
Tell your employer within 30 days and file your claim with the Texas DWC within one year of the injury. A late report is one of the most common reasons claims get denied, so notify your employer in writing as soon as possible.
My San Antonio workers' comp claim was denied — what now?
Denials are often reversed through the DWC's benefit-review conference and contested-case-hearing process. Common reasons include disputes over whether the injury is work-related or a missed deadline. The firms above handle denied claims, and the consultation is free.
What is a non-subscriber lawsuit?
If your San Antonio employer doesn't carry workers' comp, you can sue them directly for a work injury. Because they opted out, Texas law bars them from blaming a co-worker or your own carelessness, which often makes these claims worth more than comp benefits.
Can I recover more than workers' comp pays?
Possibly. If a third party — a subcontractor, a driver, a defective product — helped cause the injury, you may have a separate claim for damages comp doesn't cover, like full lost wages and pain and suffering. A lawyer can pursue both together.