May 19, 2020July 15, 2024 Frank PichenLeave a comment

2020 – gtg workplace-comp

Understanding Workers’ Comp Non-Subscriber Compensation and Your Legal Rights in Texas

If you’ve recently been hurt on the job it is extremely important that you seek the help of an experienced legal professional who specializes in work-related injuries, especially if there are negligent parties who do not subscribe to Texas Workers’ Compensation. Without an experienced work injury lawyer, you have virtually no hope of receiving the fair compensation you deserve.

Work injury cases can be some of the most complex in the legal world. The precise approach in handling your case depends on a large number of variables. The most important point is first learning the truth of whether or not your employer subscribes to workers’ compensation. If he or she does subscribe, the employer is protected from further litigation and all you must do is file a claim through the workers’ comp program. Because it greatly benefits them, a lot of Texas employers may tell you they have workers’ comp, even when they are actually non-subscribers.

Though some aspects of workers’ comp law do apply to a non-subscriber case, a clear understanding of it is essential in your understanding of the specific strategy that your work injury attorney with our Law Firm can craft for you. So, if you want to receive every compensation dollar you deserve from a workplace injury, regardless of whether workers’ comp covers your employer or not, you must get help from an experienced attorney.

Understanding Workers’ Comp is Necessary, Even if it Might Not Apply to Your Work Injury Lawsuit
Workers’ compensation is essentially state-sponsored group insurance. It is nothing like a privately underwritten liability insurance policy that a non-subscriber to workers’ comp would purchase. Due to intense pressure by the insurance industry and their lobbyists, the legislature created and modified original (over 50-year-old) state workers’ injury compensation program. Today, workers comp is a complicated government bureaucracy. It protects employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated for serious injuries when the employer is truly negligent. Workers’ comp benefits come out of a “pool” of funds that are provided by private insurance carriers. In Texas, employers may elect not to subscribe to workers’ compensation insurance.

Employers who participate in workers’ comp fund this insurance pool through the premiums they pay through the participating insurance companies which, in turn, band together to provide “umbrella insurance coverage” to the workers of the participating employers. Today, around half of Texas’ businesses participate in the state’s workers’ comp program and are virtually bulletproof when it comes to civil actions being filed against them for workplace injuries. It is assumed (but again, not required) that non-subscribers get their liability coverage from a commercial insurance carrier. So if you are injured on-the-job and your employer is a workers’ comp non-subscriber, you have every right to seek a claim from their insurance underwriter if they have private coverage, or in court from them directly through a civil action if it turns out they have no coverage at all.

Workers’ comp insurance provides some benefit to injured employees: and if their injuries are not serious, it can be pretty good for them. If your employer subscribes to workers’ comp and you are injured on the job, you will receive some reimbursement. It doesn’t matter how the accident occurred or whose fault it was because it’s “no-fault” insurance. But many times the amount of money you receive doesn’t cover the actual expenses of a serious job-related injury. And since employees of subscribers cannot file a lawsuit those employers, but still need the payment for their injuries, we have helped many identify all liable third parties from which they can receive a more equitable settlement, in addition to their workers’ comp claim. More often than not there are third parties involved in such serious injuries that an investigation by the injury attorney will reveal.

For example, if you are hurt at a construction site and your employer’s workers’ comp covers your injury claim, you can’t file a lawsuit. But many construction site injuries are often the fault of at least one third-party and maybe more. Let’s say you are hurt in a scaffolding collapse and the equipment belongs to a subcontractor who didn’t properly assemble it. The subcontractor is liable. The company that built the scaffolding might also be liable if your injuries are due to a defect in the equipment and you can likely file a product liability claim against the scaffold’s manufacturer. So even if you cannot file a lawsuit against your workers’ comp-covered employer, you may have non-subscriber options that allow you to seek fair compensation for your job-related injuries over-and-above a workers’ comp claim. Our work accident injury attorneys will help you identify all likely defendants in your case.

And don’t forget that your employer may claim to have workers’ comp when he or she in fact does not. Employers may even try to quickly pay you benefits you would receive from workers’ compensation insurance and ask you to sign what they may represent as a “standard release” in order to further their deception. Your Texas non-subscriber work injury attorney will thoroughly investigate your employer and determine whether or not he or she has workers’ comp coverage. If your employer doesn’t and you have a very strong claim, we can help you file and win a powerful non-subscriber lawsuit.

If a third party is a workers’ comp subscriber for his employees but is involved in your injury claim, you can file a work injury lawsuit against this person or company because you are not an employee, And of course, any third party may also be named a defendant in a non-subscriber lawsuit.

The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.

So if you or someone you love has been hurt on the job, our attorneys can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice. Call us at 1(800) 862-1260 for a free consultation.

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How Workers’ Comp Works: Sometimes it Doesn’t Work Very Well for Those Who Are Seriously Injured

Think of workers’ compensation as a form of state-managed insurance. It is nothing like a normal business liability insurance policy.

Thanks to recent tort reform on the part of business and insurance lobbyists, workers’ compensation are now designed to protect employers from lawsuits filed by their employees by basically eliminating their right to seek high compensatory damages directly from their employer and their insurance companies.

Workers’ compensation benefits are paid from a state-managed fund; even if the insurance policies themselves are provided by private insurance companies. Not all Texas employers subscribe to workers’ compensation insurance.

This insurance “pool” can benefit injured employees, but only to a point. If you are injured on the job and your employer subscribes to workers’ compensation, then you will likely be compensated; regardless of how the accident occurred or whose fault it was. The downside for you, the employee, is that the amount of money a seriously injured worker receives through workers’ compensation is VERY limited and doesn’t always cover your medical bills, nor all of you lost wages due to the injury. So if your injury is a major one and you’re not able to work for several months, workers’ compensation can produce hardship for your family. Workers’ comp essentially works best and most efficiently for minor injuries where the injuries aren’t severe and the employee is able to return to work relatively quickly.

There might be some good news. For seldom are on-the-job injuries cut-and-dried, even if many, primarily in the insurance industry, might want you to think they are. There are often other sources of compensation revenue that do fall under the workers’ comp injury liability umbrella that may have played a part in your injury, and are legally available to compensate you for your damages. But they’re not easy to find: nor is holding the defendants accountable a simple matter.

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Third-Party Responsibility for On-The-Job Injuries Justifies Additional Civil Action

You cannot directly file a civil suit against your employer who subscribes to workers’ compensation, and much of the time workers’ compensation cannot fully pay for your medical expenses and lost wages. This is where an experienced work accident attorney can help you find third-parties who may carry some responsibility.

We investigate every work accident site, review paperwork, interview witnesses, and collect forensic evidence that points to every liable contributor to your accident. After careful review of all of the data, most of the time we find another liable defendant or two who are treated as third party defendants to your accident. They can be sued in open court.

For example, let’s say you work in a warehouse. A truck that is owned by a transportation company hits you. You aren’t entitled to receive damages from your employer past those offered by worker’s compensation if he or she is a subscriber. You can bring a lawsuit against the transportation company for your injuries. Here’s another example: let’s say instead, that you are injured by a piece of machinery or other equipment that your employer owns. Again, you can’t sue your employer. But if the equipment that caused your injury is proven to be defective, the manufacturer is liable for damages through a product liability lawsuit.

Sometimes multiple third-parties can combine to cause your injury. And regardless of whether your employer subscribes to workers’ compensation or not, these guilty third parties have a responsibility to compensate you for your at-work accident.

Construction site injuries often involve multiple third-party contributors to a work accident. The general contractor might participate in workers’ compensation. So he’s covered. With so many other contractors and subcontractors scurrying around the job site, many accidents are bound to happen. Not all are covered through workers’ compensation. If a scaffold collapses and you are injured, the company that built the scaffolding could be liable. If defective construction equipment causes you injury, you can likely file a product liability claim against the product’s manufacturer.

The bottom line is that you may have options in addition to workers’ comp to seek payment for damages from your workplace injury. Our injury lawyers assist you in identifying all likely defendants in your case.

One other thing: we’ve seen many examples where employers “pretend” to have workers’ compensation, but actually don’t. This employer might even further the charade and “pay” you workers’ compensation benefits after your injury. The first thing we do is investigate your employer’s claim of being a subscriber to the workers’ comp program. If this claim turns out to be false, and again, if your injuries are significant enough to justify legal action, we will help you file a very strong non-subscriber lawsuit in civil court, and then vigorously represent you.

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What Are the Deficiencies of Workers’ Compensation and What Are My Options?

If you suffer a job-related injury and your employer has workers’ compensation insurance, you typically receive up to 70% of your lost income. But there is a cap on this amount of $600 a week. So if you are a carpenter and earn $70,000 per year, are injured on the job and your employer has workers’ compensation insurance, you will receive only $600 per week for lost wages while you recover.

If you suffer long-term disability and can never return to work, you will STILL ONLY RECEIVE $600 per week for the rest of your life, even though you previously earned about $1400 every week. Now you might receive an additional lump sum payment at the end of your recovery, but most of the time these payments are very small when you compare them to your total lost income, or any lost future wages if the disability is permanent.

There is another disadvantage to employees who are awarded workers’ compensation claims. The amount you receive does not account for lost future potential income. Let’s say you work at a grocery store while attending graduate school at night to earn a graduate degree in business. You are seriously injured on the job, unable to work, and are also physically unable to continue your education. You will still receive ONLY 70% of your GROCERY STORE salary FOR THE REST OF YOUR LIFE (which is probably minimum wage or close to it) rather than the much higher salary you would have earned once you received your MBA.

This is why it is vital for you to have an experienced workplace injury attorney to investigate your case. If your employer does not have workers’ comp, you must know so that you can seek a more reasonable settlement. If your employer does have workers’ comp, you and your attorney need to immediately begin the search for third parties that are liable for the injuries suffered in your work accident, and aggressively pursue any legitimate claims you have against them. Our workplace injury legal professionals build very strong cases and fight for your right to receive the fairest compensation you are owed.

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Third-Party and Non-Subscriber Workplace Injury Defendants Work Hard to Wiggle Out

If your employer does not subscribe to the state’s workers’ compensation insurance program, you have a right to file a traditional personal injury lawsuit against that employer to compensate you for a variety of damages. They may include:

The income you have lost for the time you spent in the hospital.
Your diminished earning capacity if the injury produces long-term disability.
All of your medical-related expenses.
Property damage.
Your physical pain, suffering, and discomfort.
If you can prove that you are suffering mental or emotional distress due to the injury, you may also receive damages to cover these expenses.
One popular defense that is used by your employer (and his attorney) if he or she does not have workers’ compensation insurance and you file suit against that employer in civil court is a very simple one. Your employer will say that you were solely responsible for your injuries: the sole proximate cause. Since the burden of proof is on you, the plaintiff in your civil injury case, it is also on you to DIS-prove all countercharges.

Employers, with the help of their experienced attorneys and insurance companies (if they are insured) usually build a case against an injured employee’s claims by alleging that you alone are at fault for your workplace injury. You and your attorney must turn these allegations and the court’s attention around to where it belongs; your employer. Employers, with the help of their experienced attorneys and insurance companies (if they are insured) usually build a case against an injured employee’s claims by alleging that you alone are at fault for your workplace injury. You and your attorney must turn these allegations and the court’s attention around to where it belongs; your employer.

Let’s say you suffer a lifting injury while you are at work. Your employer will probably say that, since you were working alone at the time and there are no witnesses, your injury must be your own fault. If our attorneys can link your actions and your injury back to your employer, it’s much easier to prove negligence by your employer and you the odds of winning your case rise significantly.

A couple of ways of proving employer negligence include focusing on their inability or refusal to provide proper safety training or equipment, or they didn’t find another employee to help you lift the heavy or cumbersome object. These are only two – of several – ways to possible employer negligence as a direct cause of your on-the-job injury.

In order to punish non-subscribing employers, Texas workers comp laws enable workplace accident victims to secure much greater damages than if the employer had purchased workers comp insurance. The workplace accident victim must merely prove standard negligence to win their case, which means the employer only committed a sole error or momentary inability to maintain safety. In a way, once you get them into court, you’ve won more than half the battle because you have a lower standard to prove in order to win your case. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty accident lawyer to assist you through every intricacy of this challenging legal process.

There are times when connecting your injury to your employer this way can involve other difficult to understand forms of legal liability. Our attorneys, who are thoroughly familiar with work injury law, know how to prove to a jury that your injuries were caused by your employer’s negligence and are not your fault but that of the defendants: non-subscribers or third-party defendants.

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A Popular Defense Tactic: Claiming You are Not Really an Employee

The sole proximate cause defense is not the only option that non-subscribers have to deflect liability after an injury has been suffered by an employee. Many clever employers might anticipate an injury and begin avoiding liability for them even before accidents occur by trying to distance themselves from you as an employee, and their responsibility to fairly compensate you. Some even begin building that paper trail to prove their claim beginning the first day you show up for work.

Texas employers are not responsible for what happens to contractors’ on a job site injury. So many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed between you and the company, and then they will tell you that you don’t have a legal claim to compensation for your injury-related damages. Their logic is simple: why should they be responsible for an injury to a person who was technically never their employee to begin with?

While many employers try to claim their employees are contractors or temp workers who are employees of a third-party, the employer knows an actual employer-employee relationship exists in many of these cases, and an injured worker can still obtain compensation. So don’t be misled by this ploy. Even though your employer claims you are a contractor, in the eyes of the law you are likely still considered an employee, and are entitled to recover full and fair compensation for injuries that you have suffered on the job.

A skillful and well-seasoned Texas workplace injury accident attorney knows how to prove the employer-employee relationship by meeting at least one the following standards, and often more of them.

This brings another important point to mind. As we have previously told you, workers’ comp claims are less-than-adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

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Your Opponents Fight Very Hard to Deny Your Accident-Related Legal Damages

In most non-subscriber and third party workplace injury claims or civil cases, defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer will be “self-insured” or uninsured. Regardless, all fight very hard, to avoid paying for your injuries.

Most non-subscribers are represented by insurance companies that have attorneys who are either on-staff or on permanent retainer. They are very good at defending insurance companies from people who try to sue them. They’re especially successful against opponents who have no attorney to represent them, or those who hire an attorney who is overmatched against them. Insurance companies are in the business of collecting high premiums, and then avoid paying legitimate claims. They are confrontational and intimidating from the very beginning. They can be dangerous and frustrating. They don’t scare an experienced injury attorney like those with our Law Firm who know every trick they pull, and how to neutralize each one.

Self-insured employers or those who have no insurance whatsoever, who are liable for workplace injuries are a different animal and very hazardous to your case. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some of their tricks are shameful while others can be viewed as downright illegal.

You will be seeking a settlement from an officer of this self-insured company or maybe even directly from your employer if it is a small company. In either event, the salary of whomever you deal with is certainly tied directly to company profits. So, any damage amount paid to you for an injury comes directly out of company income, not a policy or security bond. So when he or she compensates you, your employer literally takes money out of his own pocket. We stopped being surprised long ago when we see a sneaky, self-insured company officer use any and all means to deny your claim in order to protect his company’s (and his personal) assets.

Self-insured companies have been known to deliberately dispose of evidence as well as a bribe or intimidate witnesses; maybe even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevents anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

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Win the Compensation Your Deserve from Your Job-Related Accident by Hiring an Experienced, Local Workplace Injury Attorney with our Law Firm

Our lawyers can help you effectively seek fair compensation for being hurt on the job, through no fault of your own. If your employer has workers’ compensation insurance (or not), we will help you identify, then seek the proper compensation from liable third parties; even if their liability can only be proven based on obscure legal case law. If your employer does not have workers’ compensation insurance, we can help you build the strongest non-subscriber lawsuit possible and counter the arguments that are used time and again by these employers and their shifty defense lawyers who help them avoid liability. We will immediately and thoroughly investigate your employer to clearly establish whether or not he or she has workers’ compensation insurance, and plan an effective strategy once that is learned.

But for your sake, please consider this bit of “free” advice.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer. If you don’t do this, then you will be at the mercy of those who wish to deny you your rights to fair injury compensation.

If you contact us for a free consultation, we will be able to quickly tell you what your legal options are and how we can help you recover the appropriate compensation for your work-related injury.

The injury attorneys at our Texas Law Office have regularly secured fair and just compensation amounts for injured workers who were refused assistance by other firms. Not long ago we successfully handled a case for a worker who was injured on the job but had initially signed-on to his job as an independent contractor. Eight different law firms told him he had no case because the company that hired him used contract workers. And yet, our firm still was able to successfully establish an employer-employee relationship. Because of that small fact, we won a seven-figure settlement for this injured – and very grateful – worker.

The legal professionals at our Texas Law Office have been helping injured workers receive the compensation they deserve for over 30 years. We have successfully investigated and resolved hundreds of high-profile work injury cases in our clients’ favor. We have faced-down virtually every major insurance carrier and work injury defense firm in the state. These corporations know how successful our attorneys are. Based on this, they often offer our clients sizable – yet fair – settlements once we take on the case. This is because past experience tells them they don’t want to face our lawyers in court.

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May 19, 2020April 24, 2024 Frank PichenLeave a comment

law 5/19-2020 – Vehicle Accident / ATV & Off Road Vehicles / Train / Negligence / Workers Comp / Civil Lawsuit / Offshore Drilling – gtg

Insurance Companies Use any Excuse to not Pay Your Injury-Related Damages

There is a “cultural popularity” of blaming those who operate “non-traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate bicycles should automatically accept this high risk “it comes with the territory” behavior as part of their lifestyle. And that preconception is warmly embraced by insurance companies as another in a long line of excuses they seem to come up with in order either not to pay accident claims, or to drag their feet and pay as little as possible. This is the real business that insurance companies are in.

Many times, the injuries to bicycle and other similarly injured victims are often very expensive, cause some form of disability, a lot of pain and suffering, and usually prevent these people from working for months or years as they recover. That means money, a lot of money, must be paid to the injured victim: nine-times-out-of-ten, by some insurance company, or the defendant if insurance isn’t there or the policy comes-up short. So the insurance companies fight tooth and nail to avoid paying a claim or civil suit.

They use adjusters to make you think they’re on your side, only to trick you into saying something that can be used against you later. They use delaying tactics to pay what are clearly justifiable claims. They offer woefully inadequate compensation settlement packages that don’t come close to paying your medical bills, pain and suffering, and lost wages because you can’t return to work immediately or disability if you can’t return to work at all. The insurance companies have very good attorneys to hide behind in their efforts to not pay your claim.

Just because they think they can treat you this way if you’ve been involved in a non-traditional vehicle accident like a bike, doesn’t mean the insurance companies are right in doing it. But the only real way to defeat them is with an experienced personal injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps.

Additionally, defense attorneys hired to protect an insurance company or a liable party’s assets are well-trained and experienced at defending their client’s interests, especially if it could result in a sizable payday for themselves. Our goal is to aggressively and tirelessly seek the fairest compensation on your behalf because we understand it can help you in the recovery process. Furthermore, proper compensation is often necessary in the event of a fatal bike or pedestrian accident that claims the life of a primary wage-earner for a family.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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Our Law Firm Will Fight for Your Injury Rights from Any Vehicle Accident

If you expect to be compensated for injuries you sustained in an accident while biking or simply walking around, your case is significantly strengthened when you retain an experienced accident attorney who knows how to investigate such accident scenes to uncover – then present – evidence that proves your injuries resulted from someone else’s negligence.

Our Law Firm has a great deal of experience investigating all sorts of vehicle accidents. Insurance carriers, along with their attorneys, know that when we’re on the case that we won’t go away as we pursue justice for our injured clients. Steadfastly negotiating fair settlements with insurance companies and, if necessary, taking them to court in order to win damage compensation often inspires your opponents to see discretion as the better part of valor: which usually produces a fair settlement that will relieve you of this sudden financial pressure. We have won just compensation for hundreds of clients against every major insurance company in the state. They know us and our reputation. Once they see the handwriting on the wall, insurance companies are often inspired to offer a fair settlement rather than risk an even higher civil judgment from a jury, in addition to the cost of a trial. We use our intimate understanding of the laws in question, coupled with state-of-the-art investigative techniques to devise the perfect strategy to serve the specific needs of your case. This can deliver fair restitution for your injuries.

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When Railroad & Railway Safety Measures are not Met or Adhered to, People can be Hurt or Killed – Our Lead Attorney Explains

Unfortunately, there are times when people are involved in an accident with (or on) a train. If you have been seriously injured (or a family member has been killed) in a train accident due to someone’s negligence – as often happens – then you as the victim or surviving family members may be entitled to seek compensation from the negligent people or other parties who are responsible for the accident.

There are many ways an innocent victim can be injured by a train. The first example that comes to mind is vehicle/train mishaps, which produce serious injuries and a high number of wrongful deaths. People are hurt and killed when they are passengers on trains, either the national AMTRACK rail system or metro rail systems that are becoming more popular in large Texas metropolitan areas and already move hundreds of thousands of passengers every year. Then there are serious injuries that occur to railroad workers as well, which can at times be a very hazardous occupation.

No matter how, or in what context, the injury occurred, it is safe to assume that something went wrong because of the inattentiveness of someone, or the callous disregard for the public’s safety. In either event, you, the injured victim are entitled to recover legal damages for injuries, pain and suffering, lost wages while you recover, lost future wages if the injury produces disability, property damage, and even higher damages if the accident killed your loved one.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Being Around – or on – a Train Can Be Hazardous to Your Well Being

Trains have been part of the American landscape for almost 175 years. They are largely responsible for making the U.S. what it is today by opening up this vast nation to settlement and civilization. For many years trains were the backbone of this state’s transportation system and its supply chain. Today, trains are still a foundation of our economy. They transport goods over long distances and after declining passenger numbers since World War II, trains as people movers are experiencing a renaissance with the advent of metropolitan transit authorities in large cities. However, all those trains (and railroad crossings) produce a lot of accidents. And since trains are so large, the accidents in which they are involved often cause very serious injuries. Thousands of people are injured by trains in the United States every year.

The Federal Railroad Administration Office of Safety Analysis keeps track of railroad-related accidents in the U.S. Their research reveals the following information.

In one year, from January through September, there were 7,269 train accidents of vehicle-train and train-train (or one train alone) which produced over 2,000 injuries and 492 fatalities. Of that number, there were 1,275 incidents involving motor vehicles and trains, producing 639 injuries and 298 deaths. Another significant category of the total number of accidents fell in the “other” category, which involved people and trains, many of these affecting train employees or others around the trains that might be, for example, sitting on a siding or traveling at slow speeds in a switching yard. There were 4,688 of these “other incidents” that produced 4,485 injuries and 308 deaths. And the number of railroad workers who were involved in these events currently stands at 2,653.

These numbers tell us two things. It is generally safe to be around trains. But when an accident does happen, the consequences to the victims can be catastrophic. Your road to compensation can find you opposed by many powerful forces that use a variety of state and national laws to deny you that fair financial remedy. You have no chance of success by handling this matter on your own or with under-experienced legal counsel. An experienced train injury attorney increases your odds of success against the railroads or transit authorities who are certain to oppose your claim or civil case.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Autos and Trains

Most train accidents occur happen when a motor vehicle finds its way on the tracks at the wrong time. Accidents between trains and passenger vehicles happen more often than most people believe. But most of these collisions don’t happen as depicted in the media with the train hitting the car as it tries to speed across the tracks.

More likely, collisions between cars and trains occur late at night at unlit or under-marked railroad crossings when a car drives onto the tracks and in the path of a speeding train as it rumbles down the tracks. Often, the culprit is a result of faulty warning systems or a lack of warning machinery altogether. If you think about it, for every “speeding motorist” train-related wreck story you hear, you probably are told about improper or unsafe railroad crossing auto/train accidents five or ten times more. A railroad’s failure to adequately warn motorists of the risk posed by train crossings, or doing everything they can to prevent them: like placing crossing gates, or devices that flash and make noise, can be found to be liable for injuries or the wrongful deaths of the victims in a train accident. Many times, the facts of such cases prove the plaintiff/the driver who drove into the side of the train may not even be liable.

Though the nature of the injured victim’s claim may depend on what he or she was doing at the time of the collision, injured victims in a collision with a train may have a negligence claim against the railroad.

We all owe each other a legal duty to do all that is reasonable to avoid harming others. Levels of duty can range from generally average to extremely high. The legal duty of the owner of any train to protect the public from these 25+ ton wheeled behemoths is quite high. This means the standards of care they must follow to protect the public are equally lofty. Conversely, because that duty is so high, when railroad companies, or their employees, display negligence in fulfilling their legal duty, the level of proving that negligence is not nearly as difficult, once the true facts of the case are known.

Though trains usually have the right of way, this doesn’t give them leave to go through crossings at unreasonable speeds: even if the engineer has a precise schedule to keep. Rather, the operator of the train must use reasonable care; in this case, slowing down in populated areas and keeping a sharp eye for vehicles or pedestrians. After all, it takes well over a mile for a fully-loaded train to stop even at speeds as low as 30 miles an hour. And in many cases, reasonable care may also require a railroad to construct more visible (and audible) warning and signal devices in order to further alert people when a train is coming.

So when an accident happens, just like when one happens with a large semi, the “driver” is only the first logical defendant, but there might be others behind the scenes who, through their efforts, might have contributed to an accident that happens miles from where they are. Employees at a communications or monitoring center might have played a hand, or those who might have constructed or maintained warning signals at crossings might share some of the blame. In such a case, the legal notion of respondent superior might be in-play: which means the employer is liable for the tragic mistakes of their employees as they go about their jobs.

Much of what we have shared above can apply to other train-related mishaps that hurt or kill unwilling people who did nothing to contribute to these tragedies. So it is important to contact an experienced train accident injury lawyer as soon as humanly possible.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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If you are an injured passenger while riding any DART (Dallas County)/The “T” (Tarrant County)/DCTA (Denton County) or METRO (Harris County) train because of a collision with another vehicle, your claims process can become very complicated, very quickly. The primary reason for this can come from the sheer volume of claims because there might be many others injured. But if you’re the driver of the vehicle, then determining who is liable if you did not cause the wreck may be subject to your attorney’s stringent investigation

All these cases are tricky for a similar reason: you are going against a quasi-government entity, that county’s transit authority. It was established as a municipal enterprise; in essence, a government-backed profit generator, even if it is developed to serve the good of the community. Getting money from them on their turf, using laws written by their legislators is going to require the help of an experienced personal injury attorney who has argued many cases in all of their communities.

But the challenges don’t end there. All of these municipal, profit-making mass transit entities are covered by a commercial insurance policy because the government is not going to back their losses such as injuries and deaths caused by these entities when they are deemed negligent. This liability underwriter is protected from injured and wrongful death claimants by some of the most aggressive insurance adjusters and defense attorneys in the business. These people are experts in denying claims just like yours. Their singular purpose is to build a case against you so that their defendants (or the county governments) don’t have to pay you a dime.

Protection from your opponents is another reason why you need an experienced injury attorney to guard your interests, shield you from experienced adjusters who covertly undercut your claim (as they claim to represent your interests) identify all possible sources of compensation in your case and to make sure that your claim has priority when it comes to the transit authority’s insurance policy. By doing all of that, and more, the chances of a negotiated settlement increase many times over. And that means you don’t have to go into their courtroom.

If the accident involves an employee of the railroad, the claim is subject to a federal law called the Federal Employers’ Liability Act (FELA). Unlike most workers’ compensation laws, which protect workers who have been hurt at work regardless of fault, FELA requires that the injured worker show that the railroad was negligent. Railroads do have a general obligation to provide workers with a safe place to work, and if the worker is injured because the railroad did not provide him or her with the appropriate tools or equipment, the railroad may be guilty of negligence.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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As we’ve noted, many victims of railroad accidents are regular people who are not employees of the railroad. This is where railroad crossings incidents and the laws that govern them come into play. The Federal Railroad Safety Act (FRSA) enacted in 1970 controls safety regulations for the railroad industry. It sets minimum safety standards in an attempt to reduce the number of railroad-related accidents and death. An unfortunate by-product of the stature was that claimants were being deprived of their day in court because it also included quite a few loopholes then – and even more now through subsequent railroad-instigated legislation through their lobbyists. These loopholes are known and understood only by the railroads and the (few?) experienced accident attorneys who are familiar with them.

Through this subsequent legislative modification, by 2007 FRSA now gives the railroads virtual immunity from many lawsuits even if it is not in compliance with these minimum federal safety crossing standards. Derailment, crossing accident, or a train striking a pedestrian claimed that could not be brought because the federal law of Federal Railroad Safety Act providing immunity to the railroad preempted the state negligence law. Recently enacted wording in the law lessens these restrictions, and the liability of a purposefully negligent railroad company in pursuit of its profits by allowing crossing maintenance to slide.

One amendment that essentially placed a few more teeth into FRSA is that now state injury laws are not preempted by federal law by rote (or legal assumption). So today, injured plaintiffs in Texas can bring a cause of action under a number of allegations in a Texas civil court if he or she can prove that the railroad did not meet minimum federal safety standards or failed to meet its own internal standards or any standards separately enacted by the Texas legislature.

The damages available to the family of a person who suffered a wrongful death in a railroad accident are controlled by the Texas Wrongful Death Statute and the Texas Survival Statute rather than any federal standards. The claimants that can recover pursuant to these two statutes are the deceased’s parents, spouse, and children. And there are no damage caps to the amount of compensation plaintiffs may be awarded.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Let the Railroad Injury Lawyers with our Law Firm Help You Fight for your Injury Rights in a Texas Court

Railroad injury lawsuits in Texas often involve navigating a minefield of state and federal laws and require clearly proving the railroad, whatever railroad or where it is located in Texas, should be liable under the specific circumstances of your case.

In addition to legal expertise, industry experts are critical to successfully negotiate with or litigate against a railroad company such as Union Pacific or the few other powerful and influential railroads that operate in our state. An expert clarifies the facts of our investigations and often participates side-by-side with us in determining what the railroad failed to do from a safety perspective. The expert can review photos including video, measurements, witness statements, police reports, and other evidence in order to come up with credible conclusions. The train accident injury law attorneys at our Law Office will see to it that your medical bills, broken bones, other serious injuries that you must pay for are covered as well as any other expenses resulting from your railroad accident or the death of a loved one due to railroad company negligence.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been hit by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Our Lead Attorney Discusses All-Terrain and Other Off-Road Vehicle Accidents

If you have been involved in a Texas ATV (All-Terrain Vehicle) accident or some other form of off-road vehicle injury, you likely have many unanswered questions. Our Texas ATV and off-road accident attorneys will fight to get you fair compensation for your injuries.

Most of our life experience surrounding vehicular accidents comes from driving a car or truck. So we’re all familiar with the insurance claims process and how it can be either very simple or dangerously complicated. On the other hand, few people appreciate the value, or the ramifications, an off-road vehicle such as an ATV or motocross bike. Since this portion of personal injury law can be somewhat obscure due to the relatively low occurrences, most personal injury lawyers rarely venture beyond passenger car accidents. This is often due to the low number of instances, or the sometimes tricky process of seeing them through to their logical, successful conclusion for the injured plaintiffs; especially if the injury lawyer is working on retainer. All lawyers want cases that are winners. But not every case looks like one on first-glance. They might not have the necessary experience should you require the services of an experienced injury attorney based in Bexar County who has more experience in these other vehicle accidents than most injury lawyers in Texas.

Our depth of knowledge includes all types of accidents vehicular accidents. We know and successfully argue these “off the beaten path” vehicle accident laws to prove your case and help you win restitution for your injuries. They will hopefully come from an insurance settlement. But if it comes to a trial, we’ll fearlessly litigate your case as well.

We must warn you, off-road vehicles like these come with a certain amount of public prejudice that the insurance industry universally bases virtually all of its denials when claims are filed as a result of serious off-road injuries. One prominent reason is the plethora of preconceived notions about those who use (or recreate) on off-road vehicles. There is generally an assumption of higher risk that goes along with such vehicles that can make it more difficult to win damage claims or civil cases. This inflexible thinking can cloud off-road vehicle accident cases and make settling them with an insurance company, or litigating them in civil court much more complex than more traditional vehicle accidents.

It’s not easy. We’ll grant you that. But until you visit with one of Our ATV and off-road accident attorneys, you’ll never know.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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ATV Accidents Often it’s Not About Driver Liability, but the Vehicle Itself, or Where it is Operating

At first glance, an all-terrain vehicle (ATV) or universal terrain vehicle UTV may seem harmless enough. Some of them on flat ground are capable of reaching passenger-car-like speeds. Yet they offer little to no protection in the event of a crash. There are a number of ATVs on the market today that have built-in negative attributes which make them extremely likely to cause an accident. A recent study by the Consumer Product Safety Commission (CPSC) has revealed that there is an average of 700 deaths and 135,000 accidents that occur annually to the drivers and passengers of ATVs. And not all of them are the rider or driver’s fault: much as insurance companies might want us to believe.

Many Texans use all-terrain vehicles (ATVs) for a variety of purposes. They enjoy them for weekend recreation or quickly reaching into the back state for hunting, camping, and fishing. ATVs can also function as light work vehicles in areas where roads are scarce, or nonexistent. With the dangers inherent in riding an ATV, most people, just like with motorcycles, assume the drivers themselves are responsible for any accidents in which they get involved and don’t deserve to be compensated for the injuries they suffered. A lot of the time, they use the same reasoning, that the rider is careless and exhibits risky behavior, just like all those devil-may-care motorcyclists in thinking that ATV riders are responsible for their accidents. The same convenient bias holds true for insurance adjusters to automatically deny an injury claim.

Time after time, an experienced attorney exposes this inaccurate assumption in an ATV accident injury case. In many instances, ATV accidents find their sources in faulty mechanics and poor design that lead to roll-over accidents through a defective product lawsuit against the manufacturer. Other times, property owners are held responsible for creating the conditions, often without even knowing, that led to the accident. ATVs can often be unsafe vehicles even when the rider was driving safely. And sometimes other riders who are near the ATV operate their vehicles unsafely or recklessly and cause accidents that produce injuries or even deaths. You need an experienced injury lawyer to prove that you were operating your off-road vehicle safely, that someone’s negligence caused your injuries, and that you deserve just-damage compensation for their irresponsible behavior.

ATV & UTV accidents can be catastrophic as the vehicles do not possess many (or any in some cases) active or passive safety features. In many cases, the lack of basic safety features, such as seat belts, result in the occupants being ejected from the vehicle. Additionally, the vehicle often lands on the victim crushing their extremities or causing other horribly catastrophic injuries.

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The Yamaha Rhino: Just one of Several ATVs that Have Been Found to Have Defects

The Yamaha Rhino is a very popular all-terrain vehicle largely because of its narrow track (the lateral distance between its tires as seen from the front or rear) and it’s short wheelbase (the longitudinal distance from the center point of the front wheel to the center point of the rear wheel). This design makes it very easy to transport in the back of a small pickup truck. The vehicle was deliberately designed with that very thing in mind. However, the vehicle’s smaller dimensions create a built-in handicap by not providing a wide enough base to compensate for the vehicle’s relatively high center of gravity. The end result is a vehicle that is much more apt to roll over.

Rollovers comprise the largest percentage of three and four-wheeled ATVs. The Rhino comes with a dangerous penchant for doing that when the experienced rider doesn’t necessarily expect it to behave that way.

This vehicle is designed and marketed for the purpose of traveling over uneven terrain, various slopes, and gradients, under various conditions of reduced traction. Combine these types of environments with a vehicle that is a likely rollover candidate and you have a very high probability of an innocent victim suffering a serious injury. Yamaha is fully aware of the numerous accidents that have occurred as a result of this apparent defect, yet they have continued to sell these ATVs for many years virtually unchanged, other than sternly warning riders to be aware of this proclivity. If you know product law, a warning does not offer blanket immunity to a defective product lawsuit.

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Off-Road Motorcycle Accidents are Another Instance Where Insurance Companies say “NO” out of Habit, and Prejudice

This group of apparently “devil may care” motorcyclists are almost universally singled-out for denials by insurance companies whenever they file an injury claim, for the very same reasons as ATV riders. They charge that “BMX-motocross” riders know what they’re getting into the minute they hop on that off-road bike as they invoke the “assumption of higher risk” when automatically denying claims. We admit that in a larger share of such cases or claims, that reason might be valid. What if others outside of the biker had a hand in the events that caused a catastrophic accident?

Might someone have wandered onto the course and in his attempt to avoid hitting that person, the biker ran into a tree or over a ledge? What if the owner of the property on which the bike trail lies has not removed serious obstacles that would obviously cause a disastrous wreck: even if the bikers all signed liability releases? One thing about releases that few know, there is a mutual assumption of responsibility. The biker agrees to abide by the terms of the release, but the owner of the property must make all reasonable efforts to provide a safe trail. Just because a release is signed doesn’t universally protect property owners. This holds true for not only sanctioned BMX course owners but anyone who owns the property and allows off-road bikers onto that property.

Then there are injuries resulting from defective products. Recently, it has come to light that some of the handlebar assemblies on certain BMX bikes may be defective, causing them to fail in high-stress situations and making the bike careen out of control. There have also been defective product lawsuits against some BMX brake manufacturers from time-to-time. And even with the development of space-age technology when it comes to crash helmets or other protective wear, sometimes they can also be defective. That’s why it’s important for off-road bikers (and all motorcyclists for that matter) to regularly visit the CPSC’s website to learn about any defects that may be associated with the motorcycles they might own.

Personal injury lawyers who focus on motorcycle accidents – both off-road and on – are best equipped to discover all of the facts surrounding your legal case or insurance claim. Because motorcycle accidents can be complex, it is important for victims to seek out a personal attorney who has access to expert witnesses and knows which experts to involve in the legal claim.

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General Negligence Lawsuits: Are You Just Fishing in the Dark?

Sometimes, when the facts of an off-road case might not suggest a specific cause, but the investigation suggests some form of negligence involved in an off-road vehicle accident, attorneys and their clients might file a general negligence lawsuit against those who are believed to be defendants.

These kinds of civil actions are just what the title implies. But the reality of a general negligence lawsuit, and the fact that it is not explicitly linked to any specific sort of civil damage claim, like a work injury or a car wreck, or even a defective product, makes them something of a catch-all. Because of this, often general negligence lawsuits can be very difficult to prove for two reasons. Essentially, a general negligence lawsuit is literally seen by many as “throwing everything at a wall to see what sticks.” And some (mostly insurance companies and defense attorneys) see general negligence suits as something akin to walking into a clothing store and trying everything on to see what looks good on you.

Because of this, the levels of general negligence proof can be extremely high. And this is why it is very hard for you and your attorney to not appear as if you’re filing a nuisance lawsuit. So the simple fact of the matter is this: You and your ATV and off-road accident attorney must have clear and overwhelming proof that your argument is legitimate. The more proof you can offer up to the insurance company or civil jury, the better. And even then, especially in light of our latest round of Texas tort reform, you can still get blown out of the tub, even if you do everything right and end up paying the very people you are trying to sue.

When you go to trial, the first thing your legal opponents will do is ask the Judge to summarily judge all of your accumulated but still unrepresented evidence and determine if you have what is called a “prima facie” case. If the judge rules that you do have a case, then you go to the next round of litigation, consideration of motions. If the judge thinks your case is a bunch of bushwah and dismisses it, guess who is on the hook for all court costs and attorney fees? Certainly not the defendant.

This is not to say that a general negligence lawsuit cannot be won. The key to winning one comes from the quality of your attorney’s investigations and the specialized experts that are available to your legal counsel to devise a clear plan, then paint a lucid picture of liability: not to mention your Texas off-road accident injury lawyer’s ability to negotiate with the insurance companies to offer a fair settlement.

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Insurance Company Legal Opposition Can be Very Stout in an ATV or Other Off-Road Accident

Accidents involving any off-road vehicle often cause catastrophic injuries to these unfortunate plaintiffs. Many times the road to recovery can be long, and very expensive. Long term and permanent disability to the ATV or off-road biker can also be a factor, in addition to months or years of lost income. All of this adds up to very large insurance claims and very aggressive defenses against these people who are injured and try to recover rightful compensation that will pay their bills as they convalesce. A knowledgeable ATV and off-road accident attorney can be a biker’s best friend.

There is a “cultural popularity” when it comes to blaming those who operate “non-traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate off-road motorbikes and should automatically accept this “high risk” behavior as part of their lifestyle and live with the results of their lifestyle. And that preconception is warmly embraced by insurance companies as a favorite excuse to not pay accident claims, which is the real business that insurance companies are in.

There is one common thread to all off-road vehicle accidents The injuries to the victims are often very expensive, cause some form of disability, a lot of pain and suffering, and usually prevent these people from working for months or years as they recover. That represents a significant loss to the insurer when a lot of money, must be paid to the injured victim. So they fight like the devil to avoid paying a serious injury claim or civil suit.

They use adjusters to make you think they’re on your side, only to trick you into saying something that can be used against you later. They use delaying tactics to pay what are clearly justifiable claims. They offer woefully inadequate compensation settlement packages that don’t come close to paying your medical bills, pain and suffering, lost wages because you can’t return to work immediately; or disability if you can’t return to work at all. The insurance companies have very good attorneys to hide behind in their efforts to not pay your claim.

Just because they think they can treat you this way if you’ve been involved in these types, or any other vehicle accident, doesn’t mean the insurance companies are right in doing it. The only real way to defeat them is with an experienced injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps under the general heading of “other vehicle accidents.”

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Our Law Firm Will Fight for Your Injury Rights from Any Vehicle Accident

If you expect to be compensated for injuries you sustained in an off-road accident, you need an experienced local personal injury lawyer who knows how to investigate such accident scenes to uncover all of the evidence that backs you up: then present it in a manner that proves your injuries resulted from someone else’s negligence.

Our Law Firm has a great deal of experience investigating all sorts of vehicle accidents.

Insurance carriers, along with their attorneys, know that when we’re on the case that we won’t go away as we pursue justice for our injured clients. Negotiating fair settlements with insurance companies and, if necessary, taking them to court in order to win damage compensation often convinces your opponents to offer that fair settlement that will relieve you of this sudden financial nightmare and help you recover as you should.

So, Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.

We have won just compensation for hundreds of clients against every major insurance company in the state. And once they see the handwriting on the wall, they are more apt to offer a fair settlement rather than risk an even higher civil judgment from a jury, in addition to the cost of a trial. We use our intimate understanding of the laws in question, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your case. This can deliver fair restitution for your injuries.

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Suing your workers’ comp non-subscriber employer and all identified third parties for damages

If your employer is a workers’ comp subscriber, file your normal claim and augment its coverage benefit cap with targeted civil suits against all identified third party defendants for supplemental damages. Often, a workers’ comp claim and third-party lawsuits will combine to produce fair cumulative compensation.
Just jumping to either strategy doesn’t happen immediately. Because you have to learn who did what, when, and the degree of negligence that caused your injuries. If property owners are suspects, you must know what they knew and when they knew it. The ability to properly investigate the accident scene and the roles everyone played in your drilling rig or pipeline accident is absolutely necessary. This is another reason why it’s best to hire an experienced drilling rig and pipeline attorney to manage this intricate case, and the equally complicated investigation that produces the evidence which leads to your best legal strategy.

Hope for the Best, but Prepare for Trouble Once the Civil Lawsuits are Filed
The now-complete investigation has revealed liable third party defendants and/or a non-subscribing employer. It’s time to begin your lawsuit. What happens next?

It usually begins (with your attorney on your behalf) filing a claim, on your behalf (the plaintiff) against the non-subscribing employer, or third-party defendant, stating that the injury has caused you harm. It will include the total damage amount you are seeking. If the defendants are insured, they simply turn this over to their insurance company, unless they’re self-insured or not insured.

The insurance company will most-likely dispute your allegations immediately and without consideration, because that’s what insurance companies do until they know you are serious and won’t go away. This begins the “negotiation phase.” It’s possible that negotiations could produce the damage amount you seek, especially if the insurance company knows you have a very strong case. That’s the best-case scenario.

Much more often, drilling rig injury cases are contested and you will be forced to file an actual lawsuit. The burden of proving that employer or third party negligence caused your injury which produced the damages you seek is squarely on you and your attorney’s shoulders. Here is where the strength of your case lies in the quality of your lawyer’s investigative powers.

Sometimes your case is strong, but your employer’s or third parties’ insurance company still resists paying your injury claim, even if the defendant/policyholders want them to in order to make you go away. So, insurance companies encourage them to “circle the wagons” with them by threatening higher premium payments. This happens because insurance companies hate paying claims and do all they can to influence their defendants to resist you just as belligerently as they. And when it comes to the tactics used to deny paying your damages, we’ve found that defendants, their insurance companies (and their lawyers) most often use a traditional defense found in personal injury law to avoid paying injured employees rightful compensation.

The primary liability defense strategy is to charge the plaintiff with a sole proximate cause. This means the victim was totally to blame for his drilling or pipeline injuries. In order to invoke the sole proximate cause against you, the defendants say and do anything to try and suggest that you alone were careless or irresponsible and caused your painful injuries. They do everything they can to sully your reputation as a worker and a human being to make their point. They try to enter evidence that has no bearing on the case, other than try and prove their flimsy charges. Since insurance companies are very experienced, and their attorneys very shrewd, when it comes to fighting your claim or civil case, you must expect any trick they can come up with to change the argument, and hopefully have a good accident lawyer to shift the liability spotlight back on the defendants and away from you.

Regardless of whether your accident occurred offshore or deep in the heart of Texas, you should contact one of our Law Firm’s accident attorneys in order to fully understand your injury compensation rights and the process of winning damages for those injuries.

An experienced accident attorney with our Law Firm will help you win your oil and gas injury liability case anywhere in Texas or out in the Gulf. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We can answer all of your questions and tell you the best way to win the compensation you deserve from your injury on a drilling rig or pipeline.

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Defendants Question Whether a Genuine Employer-Employee Relationship Exists so They Can Avoid Paying You

In addition to the sole proximate cause defense, another popular way for employer-defendants to wiggle out of paying you damages from your drilling accident, finds many clever employers saying that you are technically not an employee to begin with. This – they will claim – renders the issue of their liability moot. When faced with an expensive personal injury liability lawsuit in the workplace, employers know they are not responsible for injuries to their subcontractors, or a subcontractor’s employees. So many of them will, in-reality, hire employees, then turn around and claim they are instead, contractors. But anyone can claim anything. Proving it is another matter; especially when you have an experienced Texas drilling and pipeline accident attorney to unmask their subterfuge. Remember, the burden of proof is on you. That includes disproving every charge they fire at you, no matter how frivolous it might be. In a trial, when it gets to the point of feckless defendant charges, things start looking pretty good for you.

While many drilling companies claim this non-employee point, they know that a true employer-employee relationship exists for the purposes of accident liability and that you have the right to receive to damages from this defendant. Here are some of the ways to disprove this employer ruse and confirm an employer-employee relationship exists.

Social security or taxes have been withheld from your paycheck by the employer.
The essential equipment for the job was supplied to you by the employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by the employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where an employer claims you have been “borrowed” from another company, or hired through a third-party employment agency, the rules for determining the working relationship are closely related to those above. Depending on defendant allegations, there can be some discrete, but crucial differences in determining the employer-employee relationship. Some of these conditions may include:

If the borrowing employer can hire or fire you at any time, you are clearly an employee. Otherwise, you are a contractor.
Most of the time, if the borrowing employer can pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
This answer is the same when it comes to tools and equipment. If you provide them, then you are a contractor. If the employer provides them, then you’re an employee.
If the agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If you are borrowed indefinitely, then the worker is an employee. But if you’re borrowed for a specific project with a specific date of completion, then you’re a contractor.
If you are borrowed or “leased” because of a skill that is unique or hard-to-find, then you’re a contractor. On the other hand, if an employer borrows you to fill a position that just about anyone can fill, then you’re an employee.
If the borrowing employer agrees to pay your social security and income tax, then you’re an employee. If the borrowing employer does not accept this responsibility, then you’re a contractor.

Our Law Firm conducts a methodical investigation of your employer to prove any one of these employee standards. We will depose co-workers, review contracts, and examine pay stubs to prove an employer-employee relationship existed when you suffered an on-the-job injury.

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Most Every Defendant Strenuously Avoids Paying Injury Damages You Rightly Deserve: Whether they’re Insured or not

Personal injury civil defendants break down into two basic categories. They are either covered (and represented) by an insurance carrier, or they are self-insured. No matter what category they fall into, they persistently fight to avoid paying your injury damages.

Defendants who have insurance coverage know they can also rely on the attorneys they have, either on staff or permanent retainers to vigorously defend their shared interest (which is to not pay your damage claim). They are very good at denying drilling rig and pipeline accident injury claimants and their lawsuits. You can anticipate a great deal of belligerence from this defendant team. It’s their job to take a “how dare you?” position, especially when they’re trying to deny respondeat superior and turn the sole proximate cause tables against you. They can terrify a claimant who has no attorney, or who has retained an inexperienced one.

You can beat them with good evidence, a just cause, and an experienced petroleum workplace accident attorney who knows how to counter every trick they try to pull. Don’t forget, one of the corporate petro-giants might be involved (usually behind the scenes, pulling everyone’s strings). This is why you must be fearless, just like your experienced lawyer, because you can win.

But arrogant insurance companies and their lawyers who are pitted against you are governed, to-a-point, by a legally mandated code of ethics surrounding their behavior, and the lengths they can go in defending themselves. There are no such rules governing the behavior of self-insured contractors and subcontractors who are defendants in your lawsuit. And they are apt to use every malicious trick they can think in order to defend themselves against your civil damage suit. Some of those tricks are immoral. Others are even illegal. All their equally threatening attorneys need to do is deny any knowledge of this sneaky, reprehensible behavior by their clients, just like Sergeant Schultz (“I see nothing, I know nothing”).

You will likely deal directly with an officer of the self-insured drilling or pipeline company. This person’s salary is coming out of company profits. Whatever injury award you are paid comes directly out of company funds (or a cash bond), which means your employer, or that third party, is taking money out of his own pocket. This is why a self-insured company officer uses any trick he can think of to deny your claim and protect his company’s (and his personal) assets.

These people deliberately destroy evidence, intimidate, and even bribe witnesses. Sometimes they’ll resort to physical threats against you or even your family. Often, when a self-insured drilling or pipeline defendant is involved, early-on we file motions that prohibit anyone with the company from inappropriate behavior towards our clients. And regularly, such motions clearly demand they make no attempt to communicate with our clients, or their families unless one of our attorneys is present.

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Texas Injury Laws do not Govern Offshore Drilling: But our Law Firm Handles Those Cases too

If you have been hurt on an offshore drilling rig or pipeline, the laws that govern those injury cases stop at the Texas coast. When the rig is “on the water” several completely different laws from those in the state provide the basis for damage compensation from a work-related injury. On one hand, this makes things easier for you. But on the other hand, winning just compensation can be just as tricky.

Platform drilling injury cases typically fall under the purview of the Jones Act (which is officially known as the Merchant Marine Act of 1930). Other legislation that is even older might also factor into your case: such as the Limitations Liability Act of 1851 and/or the Death on the High Seas Act, which has its roots in English Common Law. The Limitations Liability act might be a stretch, seeing as how it was enacted long before the existence of the modern insurance company. But there are some obscure loopholes in all the above laws that could apply to your case, depending on the issues and events surrounding it.

Generally, the same types of damages available through Texas Civil Law are available to offshore platform workers. But as we’ve mentioned, how you and your attorney win just compensation for injuries, lost wages, pain, suffering, and death benefits are quite different due to some of those obscure loopholes, the insurance companies who underwrite offshore drilling companies, and their very specialized and talented attorneys.

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May 19, 2020February 2, 2022 Frank PichenLeave a comment

new – law 5/18/2020 – Premises Liability / Drunk Driving / Workplace Accident / Medical Malpractice / Day care abuse – gtg

Which Sort of Visitor You are Determines the Level of Legal Duty You are Owed

The obligation owed by a property owner to visitors changes due to the type of visitor, and there are three distinct types of legal duty in Texas Premises Law:

An Invitee is someone who knowingly and willingly visits a property for the mutual benefit of the owner and the visitor. An example of an invitee would be a shopper in a store. He or she benefits by purchasing something and the owner in-turn benefits by selling something to the Invitee.
A Licensee is a person who knowingly and willfully visits a property for his or her own sole benefit. The law considers someone stopping by to visit a friend to be an example of a licensee.
A Trespasser on the other hand is a person who enters a property knowingly and willfully without the permission of the property owner or a legal right for doing so. Examples of a trespasser might be a burglar or a door-to-door salesman.

Exploring a Property Owners’ Legal Duties to Various Types of Visitors and How They Vary
As you now know, property owners owe different duties of safety to different types of visitors. Invitees are owed the following responsibilities:

The property owner has a duty to be aware of any dangerous conditions on the premises and warn those who visit his or her property. An example would be a fast-food restaurant warning customers about a wet and slippery floor that an employee has just mopped.
The property owner has a duty to warn of unique dangers that you might not normally anticipate. For example, if you visit a friend’s house and his staircase has uneven steps or loose carpeting or some other dangerous hazard that is normally assumed to be safe, he is legally required to warn you.
The property owner has a duty of not knowingly or willingly injuring visitors. For instance, if a property owner booby traps his or her property to punish trespassers and the trap injures another visitor, like a child who cuts across his property on the way home from school, or some other innocent bystander or welcome visitor, that property owner has not fulfilled his legal duty and could be sued.
Licensees are owed the duties by property owners of being clearly warned of preexisting dangerous conditions in order to avoid being willfully, or inadvertently, injured by the property owner. However, some (not all) trespassers are only owed the duty of being protected from wanton dangers of which the property owner is aware. If a trespasser or licensee slips and falls on a newly laid sidewalk that is part of the city’s easement in front of the owner’s home, then that’s the trespasser’s problem: though he or she might be able to take his complaint to the city.

If you or someone you love has been injured on someone else’s property, then call us today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We will be happy to answer any and every question you may have about the specifics in your premises liability case. We’ll help you determine whether you have the right to file suit and possibly give you a fair estimate of what sort of damage compensation you have a right to expect. Let us help you like we’ve helped hundreds of other injured Texans, through no fault of your own.

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Common Examples of Situations That May Justify a Premises Liability Case

There are several types of cases that are commonly litigated under Texas’ premises liability laws:

Slip and fall accidents – In this case, hazardous conditions on a property causing someone to trip or slip and fall if the property owner does not clearly warn the visitor.
Elevator collapse accidents – A defect in design or maintenance leads to an elevator collapse in which people are injured or killed. In this case, the plaintiff would likely seek premises liability relief through a defective product lawsuit.
Injuries as a result of criminal activity – When criminal activity on the property of an owner leads to the death or injury of another person, and the property owner is found to have taken part in that criminal offense (or had been aware of the activity beforehand), the property owner could be liable for damages.
Injuries due to falling down stairs – When known hazards on a staircase cause a visitor to slip and fall, injuring him or herself, and the visitor has not been clearly warned of the hazards, premises liability laws usually apply.
Dangerous animal attacks – when animals attack and injure a visitor to a property, the property owner is liable. A recently passed bill in the Texas Legislature that now makes this offense subject to criminal prosecution as well.
In order to win a premises liability lawsuit, the burden of proof is on the victim to clearly demonstrate that a hazard existed, that the property owner knew about the risk or should have known, and the hazard resulted in an accident and produced the victim’s injuries. Moreover, the victim, or plaintiff must be able to prove the requested compensation is both justified and reflective of the damages received by the plaintiff. In other words, you can’t just prove that the property owner failed to perform his or her reasonable legal duty. You must also prove that this failure actually justifies the amount of damages you are seeking. Fulfilling these requirements can be complex, and in order to succeed with a premises liability claim, you will likely need the assistance of an experienced Texas personal injury lawyer specializing in Texas premises law.

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Insurance Companies Oppose You and Your Premises Liability Civil Actions

Premises liability lawsuits usually involve the defendant’s insurance company simply because virtually any business owner knows the first check each month goes for the rent, and the second one pays the insurance. The same can be said for the majority of homeowners: at least those who are still paying a monthly note. Though this business owner or homeowner gets liability protection for his monthly premium, the owner (and his insurance company) and any injured party view this insurance coverage differently. You might see it as a means of financial compensation. Often, the insurance company is really providing “plausible deniability” for the owner to be responsible for paying damages. Does this sound a bit contradictory? Well yes, in many cases.

The insurance company is the one who writes the check to you if your case is successful. And it’s their job to fight you tooth-and-nail to deny your civil claim or case. Why? Because in order to protect their profits that come from all those premiums they take-in every month, insurance companies are in the business of not paying out claims whenever possible. They do it with insurance adjusters whose duty is to the insurance company, not to you: in spite of what the “friendly adjuster” might tell you. There’s always some reason why they’re dragging their feet in paying your claim. Sometimes they try to talk to you on the phone, and then record the conversation in hopes of tripping you up and getting you to say something they can use against you. The best way to avoid this hazard is to have an experienced premises liability lawyer to take those calls and keep you out of the loop.

Another position insurance companies take is to suspect (whether it’s true or not) that you’re just looking for some sucker to fleece and are using the premises liability laws to do just that. This is one reason why insurers have great lawyers, either on-staff or permanent retainer, to foil you at every turn. They file motions, argue technicalities, and generally try to put every legal roadblock they can think of to keep your case out of court. They have lots of experience dealing with premises liability claimants: both those who are justified as well as those they claim are not.

Finally, if the insurance companies know you have a good case but are not represented by a liability attorney, they’ll offer you a “low-ball” settlement that can’t come close to paying all of your damages arising from the property owner’s negligence. Or they think their case defense might be weak, even if they also suspect the veracity of the plaintiff’s charges. In short, your opposition knows the ins and outs of premises liability law and the best ways to avoid paying your legitimate injury claim against a property owner whose negligence caused your injury.

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With an enormous state university, Texas A&M, located in Texas, this area is, unfortunately, no stranger to drunk driving accidents. The Aggies do love their beer. Thus, if you’ve been injured or a family member’s life has been extinguished by a drunk driver, the accident lawyers at our Law Office have more than 30 years dealing with these cases and can help. Not only can we pursue compensation from the drunk driver, but we can also go after the drinking establishment who may have negligently served the driver past the point of obvious intoxication. Texas dram shop laws require bars and restaurants to serve liquor responsibly or pay for the consequences when they do not. Since drunk drivers are not capable of making rational decisions, the state of Texas calls upon servers and bartenders to protect the well-being of the general public. When handling a drunk driving accident, our lawyers will conduct a diligent investigation into the conduct of the drinking establishment. No, this doesn’t permit the drunken driver to escape liability – he or she merely shares financial accountability with the bar or restaurant. If the carelessness of a drunk driver has caused your injury or your loved one’s death, our dram shop lawyers can help you find justice, as well as fair compensation. We take our roles as advocates of justice very seriously, and the only way we have of forcing negligent drinking establishments to help reduce the number of drunk drivers on the road is through a dram shop lawsuit.

Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.

For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.

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When someone suffers a workplace injury, the results can be devastating – intense pain, mounting medical bills, and missed work. Unfortunately, dealing with on-the-job injuries in the state of Texas is highly complex. Employers in this state have the option of purchasing workers’ compensation insurance or taking their chances without it. This leads to gray areas in which employers who’ve had employees injured on the job will often lie about having workers’ compensation in order to avoid being sued. Some even carry the ruse so far as to make fake workers’ compensation payments to the injured worker. Some employers will give their workers misleading information about Texas workers’ compensation insurance. If you want to get down to the truth about your employer’s workers’ compensation status after a Texas work accident, you need the help of a lawyer who has experience with such matters. The Texas attorneys at our Law Offices have been dealing with on-the-job injuries for decades, so we know how to reveal your employer’s true workmen’s comp status and get you the benefits you deserve. In some cases, we may even be able to pursue a personal injury or wrongful death lawsuit against a negligent third party on top of whatever workers’ compensation benefits the injured party receives.

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Texas medical malpractice accidents can occur as the result of any medical professional and can occur virtually anywhere in the state. When you undergo a medical procedure or treatment, you have the right to expect medical professionals to give you safe and sound care. Sometimes, medical procedures just go wrong due to the cruelty of fate, but when the attending medical professional negligently causes harm to a patient in their care, a Texas medical malpractice lawsuit is in order. Texas medical malpractice lawsuits are not limited to doctors and nurses but may also be pursued against negligent dentists, anesthesiologists, pharmacists, oral surgeons, psychologists, or any other negligent medical professional who has caused harm to a patient. Sadly, the state of Texas has passed tort reforms that have made it very difficult to prove medical malpractice cases and have decreased the amount of recoverable insurance from medical malpractice policies. Thus, many lawyers refuse to accept medical malpractice cases. That’s not the case at our Texas Law Offices. Our medical malpractice attorneys don’t shirk from any case, and we can help you.

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When someone makes and sells a product for public consumption, that party is responsible for making sure the product is safe and has been properly tested. When a product then harms people, claims can be made under Texas product liability law. Usually, product liability issues are very difficult for the victims to resolve on their own because they’re taking on a wealthy company that can afford to arm themselves with an army of defense lawyers. In order to win a product liability lawsuit, you’re likely going to need the help of an attorney who has experience conducting investigations in product liability cases and knows how to find the evidence that will prove the danger of the product and the blame of the manufacturer. Our attorneys have handled product liability lawsuits for over 30 years. We’ve handled cases involving food contamination, prescription drugs, fireworks, faulty tires, defective seat belts, dangerous child safety seats, crib injuries, and mesothelioma. We know how to link a personal injury or a wrongful death to the harmful or defective product.

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When we entrust another party with the care of our children, we expect that they’re going to offer safe and trustworthy service. While daycare abuse is not at all common, it’s always a possibility. A daycare worker only needs a few moments of inattention for harm to befall a child. Moreover, some intentionally abuse the children. If a daycare worker has harmed a child either intentionally or by accident, both he or she and his or her employer can be held accountable. If your child has suffered daycare abuse, our lawyers will conduct a thorough investigation to identify all of the parties responsible. This is critically important not just to help you attain compensation, but also so that the harmful behavior does not continue, allowing other children to be abused. Not only do our daycare investigations bear fruit in a civil lawsuit, but we also hand the evidence over to the authorities who can then pursue criminal charges against the abuser. We are dedicated to bringing child abusers to justice.

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