Category: Personal Injury

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.

Hospital crane accident not first for crane company

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OKLAHOMA CITY — We have new information about the company operating the crane that tipped over Wednesday at Deaconess Hospital. The crane was removing a cooling tower from the hospital roof when it tipped and slammed into some cars.

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It came to rest in a backyard after missing power lines and crashing through a fence.

No one was hit or hurt in the process.

After reviewing safety records, it turns out this is not the first accident involving the company operating this crane.

Rent-A-Crane was involved in a fatal accident on the Chesapeake campus in 2010.

Michael Parsons, 42, was killed when something fell off a crane there.

OSHA also listed Rent-A-Crane as a company cited in a crane accident death in Dallas in 2007.

Rent A Crane released this statement Thursday afternoon:

“The incident that occurred yesterday at Deaconess Hospital is under investigation and the company is not able to comment at this time. With respect to the unfortunate accident that occurred in 2010 in Oklahoma City, the Rent-A-Crane family was deeply saddened by the loss of Michael Parsons, who was a highly qualified crane operator and valuable employee. Contrary to recent news reports, while litigation has been filed, Rent-A-Crane is not a party to that litigation and has not been sued. Rather, Mr. Parson’s estate and another injured employee claim, among other things, that the accident was caused by a defective crane design and inadequate warnings. Rent-A-Crane remains 100 percent committed to a safe working environment for its employees and customers.” – Ryan Leonard, attorney for Rent-A-Crane of Oklahoma, Inc.

More digging shows the laws about crane operations in Oklahoma are changing.

Right now the state does not require crane operators to be certified.

However that will not be the case in a few years.

We’re told the state will require all crane operators to be certified by 2014.

We do not know if the crane operator in Wednesday’s accident was certified or not, but most companies do require the certification for their employees even though the state does not yet demand it.

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OSHA Investigates Deaconess Hospital Crane Accident

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OKLAHOMA CITY –

The collapse of a crane at a metro hospital yesterday isn’t the first time equipment owned by Rent-A-Crane has been involved in an accident. Two years ago, a man died when a piece of a crane fell.

Investigators are trying to determine what went wrong at Deaconess Hospital yesterday.

Just feet from where children play is the yellow tape marking the spot where the crane came crashing down in a family’s backyard. The crane fell only inches from a gas meter and narrowly missed power lines.

Some neighbors heard and saw the crane collapse.

“Somebody was watching out for everybody,” said George Frank.

Frank thinks it was a one-time accident and doesn’t expect any more near misses near his backyard.

Emergency crews say the crane was removing a cooling tower from the hospital’s roof when the crane tipped over.

“Somebody better watch what they do with those cranes,” Frank said.

Labor investigators were brought in to determine the exact cause of the collapse.

The crane belongs to the local company Rent-A-Crane, the same company involved in a deadly accident in 2010 on the Chesapeake Energy campus.

One man died and another man was injured when a piece of the crane fell onto the workers.

People near Deaconess Hospital are thankful no one was hurt and that this accident didn’t turn tragic.

OSHA has not released any details about the accident because it is an open investigation.

Rent-A-Crane issued the following statement through its attorney:

“The incident that occurred yesterday at Deaconess Hospital is under investigation and the company is not able to comment at this time.

“With respect to the unfortunate accident that occurred in 2010 in Oklahoma City, the Rent-A-Crane family was deeply saddened by the loss of Michael Parsons, who was a highly qualified crane operator and valuable employee. Contrary to recent news reports, while litigation has been filed, Rent-A-Crane is not a party to that litigation and has not been sued. Rather, Mr. Parson’s estate and another injured employee claim, among other things, that the accident was caused by a defective crane design and inadequate warnings.