Workers Comp – Texas Work Injury Law Firm

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“At J.A. Davis & Associates, we are committed to helping McAllen residents who have been injured in accidents. Our personal injury lawyers will guide you through the legal process and fight for fair compensation.”

Texas Work Injury Law Firm

Multiple parties can be sued for the exact same injury. So, even though the work injury law in Texas says that you cannot sue your employer, you may be able to sue others who are responsible. Let’s say that a piece of equipment has fallen and it breaks your legs. While an employer may be liable for failing to keep the workplace safe, your employer may be a subscriber company, thus immune to a lawsuit. Even if the collapse was caused in part by negligence on the company’s part, the employer can’t be sued. However, it might be that a contractor installing the equipment – be it a filing cabinet, scaffolding, a cubicle, or a store display – contributed to the collapse due to sloppy or incompetent installation. This contractor could likewise be liable for the on-the-job injury. Maybe the materials used to secure the item when it was installed were defective. If this is the case, the manufacturer of those materials may also be sued. More Information Here

Suppose that you have been hurt by the collapse of the shelf at the Costco where you work. The company that built the carrier is probably responsible. If you are injured due to a faulty shelf, you may be able to make a product liability lawsuit against the manufacturer of the shelf. In principle, although you can’t go after your employer, you may have options for compensation. Let the Texas accident lawyers help locate and bring to justice all offenders as possible. More Information here

Your employer can say they subscribe to workers’ compensation insurance when in fact they do not. Some employers might even try to pay you all the benefits you’d get under worker’s comp to promote this lie. Our lawyers can investigate your employer to determine if they really are a non-subscriber vs workers’ comp employer. When a liable employer is a non-subscriber, we can help you file a Texas personal injury lawsuit.

The Workers’ Comp Process Is Complex

It is never easy or simple when navigating the workers’ comp insurance process in dealing with your on-the-job job injury. Companies will very often contest your claims, as will their insurer. Insurance companies are usually more interested in helping themselves than helping you because you are not the one paying their premiums. You are a liability in their financial ledger. The less that is paid to you, the more they still have.

Additionally, the burden of proof is on you. There exists a special workers’ compensation court established to hear some workers comp cases, and you have to prove your case. It’s often a complex, bureaucratic process fraught with many hazards. Your damages can be reduced by the court. The Texas work accident attorneys at our Law Office have been winning workers’ compensation cases against insurance companies for the past twenty years, and that’s why we feel it’s critical for injured parties to have representation that’s experienced and working in your interests.

Personal Injury Law – Construction Accidents

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This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers in McAllen principal office in San Antonio

Construction Accidents

Construction accidents are one of the leading causes of personal injuries in the workplace in the United States and abroad. Full-time construction workers are often put in hazardous situations when building or demolishing properties for the city, state, or private sector. The Bureau of Labor Statistics (BLS) reports approximately 700-1,000 construction accident-related fatalities yearly. While on a downward trend, there were still nearly 750 deaths due to injuries in construction accidents. Scaffolding, building collapses, falls without safety harnesses, and faulty mechanical equipment contributes to thousands of construction accident injuries yearly. More Information here

If you or someone you know has suffered personal injuries or loss of income due to a construction accident, don’t hesitate to contact our Personal Injury Lawyers today.

Types of Construction Accidents

Construction accidents occur in many different ways, and one of the only things they have in common is that they constantly injure workers.
More than 12 construction accidents daily result in moderate to catastrophic personal injuries. This includes all the accidents that frequently occur on construction or demolition sites.

The two most common types of construction accidents are falls and electrocutions, with falls as the top reason for construction site fatalities. Falls mainly occur because of the fragile nature of incomplete flooring or roofing in work-in-progress construction sites. Electrocutions are not uncommon due to the delicate process of harnessing electricity through wiring. If proper protective measures are not taken and safety equipment is not provided, electrocutions may seriously injure construction workers.

Other frequent causes of construction accidents include:

Scaffolding Collapse
Faulty Wiring
Ladder Misuse
Machinery Failure
Power Tool Failure
Collapsed Trenches
Vehicular Accidents

Injuries from Construction Accidents

Make no mistake; construction sites are the most dangerous workplaces in the country. A constant stream of accidents and injuries occurs every year on construction sites. At the same time, a certain percentage of these accidents are due to human error resulting from negligence and careless labor practices. Work injuries are infrequently fatal yet account for most acquired permanent disabilities. Construction accidents result in personal injuries due to the dangers inherent in working on, in, or around construction sites.

Common construction accident injuries include:

Traumatic Brain Injury
Spinal Cord Injuries
Back Injuries
Broken/Fractured Bones
Concussions
Burns
Soft Tissue Injuries
Internal Organ Damage

Getting Legal Help

Construction accidents are primarily preventable if all the proper safety and protective measures are in place. When they are not, personal injuries occur. If you have been injured in a construction accident or construction-related incident, our experienced legal team can help ensure you receive compensation for your suffering. Please contact our Personal Injury Lawyers for a free consultation.

Determining Workers’ Comprehensive Coverage is The First Step

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Determining Workers’ Comprehensive Coverage is The First Step

Thanks to our lawmakers (and the insurance lobby who buys their lunches) it is much more difficult to understand workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp. Right now, approximately one in two subscribe to the program. This leads to a situation where workers’ comp injury cases are divided into two distinct types. Each requires a wholly different method and strategy to resolve than the other classification. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your claim, you must first determine whether or not your employer is one or the other. workplace accident injury attorneys

Workers’ comp benefits originate from a funding “pool. The private insurance carriers that participate in the program contribute to it, although it is maintained by the State. A great benefit of this pool is the protection if offers subscriber-employers from lawsuits. But it generally disregards the full legal rights of employees to be fairly compensated when the employer is truly negligent. This is because it limits, or “caps,” the monetary benefits an injured employee can receive from this pool. If your employer subscribes to workers’ comp, it provides some compensation to employees who are injured on the job site. It’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of compensation you receive doesn’t cover the true expenses of an on-the-job injury if it is a severe one. And we’ll go over that in more detail in a bit. more on this website

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, the conditions that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance are not as stringent when determining if those injuries qualify. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents.

Since workers’ comp is cheaper than traditional employer liability insurance, you would think that all companies would be smart and purchase workers’ comp instead of the more expensive traditional liability insurance. But many times that is not the case. So many employers still choose to walk around a shooting gallery unprotected and take the risk of being a non-subscriber. Then, when the odds catch up with them, many will try to avoid a lawsuit and misrepresent themselves as having workers’ comp (which they don’t) once an employee of theirs is injured. These employers may try to quickly pay you some cash benefits you would receive from workers’ comp and ask you to sign a “standard release” in order to further their deception and get off the hook. But it’s a well-tried trick. So don’t fall for it.

This is one of many examples of how you benefit from an experienced Texas injured worker lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have identified the nature of your employer’s workers’ comp standing, we can then move your case or claim to bring deliver your rightful and just injury compensation.personal injury

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

Categories: General

Accident Lawyers – Personal Injury Attorneys

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Bus Accident Lawyers – Personal Injury Attorneys

A crash can occur anytime, anywhere, causing serious and at times fatal injuries. Someone who is hurt in an automobile accident can employ legal counsel, who will negotiate with the other driver’s insurance to establish who should cover the damage, and if needed, the lawyer will file a lawsuit. In the event that you were hurt in a car accident resulting from a careless driver, our car accident attorneys can create a strong case for your benefit.personal injury lawyers

Understanding Bus Accident Lawyers

For those who have faced a collision and going to deal with a lawsuit for that then you should have the optimal/optimally car crash lawyer fighting for you. Since a truck accident isn’t something people can miss on the street, you are going to be able to find witnesses easily. In the event you were hurt in a truck incident, we will fight to get you the utmost compensation for your injuries.

If you’ve been hurt in an incident, contact us and we’ll offer you the information which you will need. Car and truck accidents comprise the bulk of private injury cases in the American court system. Although automobile accidents are definitely the most frequent kind of accident on roadways, there are different vehicles that could cause or be involved in accidents.

People hurt in automobile accidents are also eligible for recovery for non-economic damages. If you’ve been involved in an auto collision, you might need to engage the services of a car crash attorney. Whenever you are hurt in an automobile accident, the insurance claims procedure may be an intimidating procedure, especially if this is a first-time experience for you. If you’ve been in an auto incident, and somebody else is to blame, you’re going to be trying to find a plaintiff’s car crash attorney. Not every car crash results from a careless driver. When you have been hurt in a car collision, delay in obtaining legal representation may be a pricey mistake.

Choosing Bus Accident Lawyer Is Simple

Accidents aren’t restricted to trucks. In the event you or someone which you know is hurt in a traffic incident, you might be entitled to damages. Whenever you take part in a traffic crash, avoid involving your emotions. When you are involved in minor accidents like traffic accidents regarding car collision, motorcycle crash, bike, and bicycle collision, pedestrian collision, or other more significant accidents like truck incident, bus crash or train crash, you never know what kind of personal injuries you may suffer. personal injury law - accident attorneys

There are many reasons to employ a car accident lawyer, rather than attempting to represent yourself. He can help you deal with the accident’s aftermath and get the compensation you deserve. Hence a car crash lawyer is also enjoying fantastic business nowadays.

You must not hire an auto accident lawyer just due to an advertisement. You must select an auto accident lawyer according to their merit. An auto accident lawyer is a personal injury attorney. It is advisable to hire an auto accident lawyer early to prevent any costly mistakes. A car crash attorney will specialize in these kinds of cases.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso

Categories: General