After a serious accident, you're left staring at a stack of medical bills, a doctor's note that says you can't go back to work yet, and a paycheck that isn't coming. In San Antonio, that combination can turn into a real crisis within days, not months. If an injury has taken away your ability to work, here's what actually happens next, and what you may be able to do about it.
If someone else caused the crash that's keeping you out of work, Texas law allows you to pursue compensation for the income you're missing while you recover, on top of your medical bills. This is called lost wages, and it covers your regular pay, overtime, commissions, and any sick or vacation time you had to use because of the injury.
Our personal injury attorneys who work on car accident claims build this into every claim where a crash has kept someone out of work, whether that's a few weeks or several months. Lost wages are just one piece of a larger claim, and for the full picture of what else may be included, our breakdown of what's included in a bodily injury claim covers the rest.
Texas is the only state that doesn't require most employers to carry workers' compensation insurance. That single fact changes everything about what happens if you're hurt on the job here.
If your employer does carry workers' compensation, you'll generally file a claim through that system, which pays a portion of your regular wages while you're unable to work, but usually limits your ability to sue your employer directly. If your employer is what's called a non-subscriber, meaning they opted out of workers' compensation, you may be able to pursue a personal injury lawsuit against them instead, which can allow you to pursue your full lost income rather than a capped benefit.
Figuring out which situation applies to you is one of the first things our workplace injury lawyers sort out, since it changes which legal path actually makes sense for your situation. Most people have no idea which category their employer falls into until they're already hurt and trying to figure out where their next paycheck is coming from, so it's worth asking your employer directly, or having a lawyer confirm it for you, rather than assuming either way.
Short-term lost wages are one thing, but if a catastrophic injury is likely to affect your ability to work well beyond your recovery, that's a separate and more involved calculation. Our guide on accounting for lost future earnings in severe injury claims walks through how that number gets built.
A free case evaluation with Ali Law Group is a chance to lay out your situation and find out what Texas law allows you to pursue. There's no cost and no obligation.
Disclaimer: The information provided on this blog is for informational purposes only and does not constitute legal advice. Every situation is unique, and the law can be complex. For specific legal guidance on your personal injury case in Texas, contacting an experienced attorney is essential. The Ali Law Group is not responsible for any actions taken based on the information contained here.