One of the most challenging and dangerous occupations out there is construction work. Working with heavy equipment and from great heights, construction workers are constantly being put at risk. Most construction workers are properly trained and extremely safety conscious. Unfortunately, even though most workers are careful, tragic accidents still occur due to the carelessness of someone else such as the site owner or another contractor on the job. Sometimes, injuries occur because of time pressure to meet deadlines or pressure to maximize profits by saving money on the maintenance or quality of the equipment being used.
Common types of construction accidents include:
In 2018, there were 5,250 reported work injury fatalities in the United States. In Texas, there were 488 work injury fatalities. If you or a loved one were seriously injured in a construction-related accident that resulted from the negligence of another, contact our construction accident lawyers.
When they are not fatal, construction accidents can result in bone fractures, head injury, spinal cord injury, and other devastating, lifelong disabilities and problems. Your construction accident may be covered by Workers’ Compensation but that usually does not properly compensate a worker for the full extent of their injuries. Contact our lawyers as soon as possible so that the circumstances of your construction-related injury may be promptly investigated and the evidence preserved.
Have you or a loved one been injured in the workplace? A lawyer can help! Contact our Law Firm today to schedule a free consultation.
The Federal Employers’ Liability Act (“FELA”) was first enacted by our United States Congress in 1908 to protect railroad workers. The FELA governs the right to compensation for damages and injuries suffered by railroad employees injured on the job. Unlike state workers’ compensation statutes, this Federal law requires proof of negligence or certain statutory violations by the railroad employer before an employee will be compensated for the loss of earnings and other damages. Also, unlike workers’ compensation laws the FELA grants the parties a right to a jury trial. Under certain circumstances, depending on the facts of the case, the railroad can be held absolutely liable which means that the injured worker need not show negligence on the part of the railroad. If absolute liability applies, then the worker’s damages cannot be reduced by any comparative negligence on his or her part. The FELA is a unique law and may involve complex issues. The railroad industry is one with its own “jargon” and customs. As an injured employee or the dependent of a deceased worker who died as the result of a work-related injury or illness, we believe it is essential that you consult with an experienced and caring FELA lawyer. In fact, it is not uncommon for FELA lawyers to be consulted by attorneys from other jurisdictions who are faced with a railroad employee injury.
Have you or a loved one been injured as an employee of a railroad company? Our lawyers can help! Contact our Law Firm to schedule a free consultation.
WHO IS PROTECTED BY THE FELA?
Employees of railroads engaged in interstate commerce are protected by the FELA. Interstate commerce is very broadly interpreted with the result that most railroad employees are covered under this law. Generally, workers will be covered while actively working such as operating a locomotive or maintaining track. Workers can also be covered while being transported in company-provided vans or while staying at company-provided lodging.
In general, the injured employee must be able to show injury as a result of the railroad’s, or its agent’s negligence. Recovery can also be based on the railroad’s failure to comply with certain safety laws or regulations such as the Federal Safety Appliance Act or the Federal Locomotive Inspection Act. Under some circumstances, even if the railroad was negligent, the worker’s recovery for loss of earnings and other damages may be reduced in proportion to the worker’s comparative negligence (see glossary). If a railroad worker is injured while being transported in a company-provided vehicle or staying at a hotel for work, the “Limo” company or hotel may also be considered agents of the railroad. If these agents are negligent, then the railroad is responsible to its employees for any injury occurring as a result of such negligence.
Railroad corporations have had 100 years (since 1908) to refine their legal techniques through their claims departments to avoid, deter, and often unfairly limit financial responsibility for injuries to their hard-working railroad employees. It is essential that you work with an experienced FELA injury lawyer to identify issues that may otherwise be overlooked. Most experienced FELA attorneys will not recover any fees or expenses unless your claim is successful and you recover compensation for damages. This is known as a “contingency fee.”
Railroads employ highly-trained “claim agents” that usually work under the Law Departments to investigate on-duty work injuries, gather evidence to protect the company assets, and defend the railroad from work injuries to its employees. Generally, railroad claim agents will attempt to obtain statements from the injured worker and may try to convince the employee or the employee’s family, they do not need to discuss their injury with an experienced FELA lawyer. This pressure, and imbalance of knowledge, limits the protection of legal interests and, more importantly, prevents the worker, and their family, from learning all of his or her legal rights and remedies.
A railroad worker, (or his/her family), faced with injury will be outmatched by the extensive training and negotiation techniques that are provided to railroad claims agents through schools and programs tailored by the railroads and taught through the industry lobbying group, the American Association of Railroads (“AAR”). Unless the railroad worker is a former claim agent of the railroad, he or she, and their families, will not have the knowledge, experience, or resources of the railroad and its claims department. A discussion with an experienced FELA injury attorney will answer questions and may help resolve the uncertainties faced by injured railroaders. An experienced and competent FELA injury attorney should be respectful of your concerns, should not pressure you into decisions, and should work for YOU in the best interests of you and your family.
Have you or a loved one been injured as an employee of a railroad company? Our lawyers can help! Contact our Law Firm to schedule a free consultation.
Medical doctors, nurses, and other hospital staff usually provide competent, correct medical care and treatment. Unfortunately, there are times when the care provided falls below the standard of care and a patient suffers devastating injury or death as a result. The injury may leave the patient unable to return to work and facing further medical treatment and bills or their death may leave their family without an important wage earner.
Unfortunately, given the powerful lobbying and media efforts of the insurance industry and medical providers many people have been led to believe that medical malpractice cases simply benefit “greedy trial lawyers”. They forget that the primary beneficiary is the injured person or their family. If the insurance industry had its way, good people who undergo tragic consequences to them or a loved one due to medical errors would be left without an adequate remedy. That is why, despite the efforts of the insurance companies and medical interests, the law provides that victims of medical malpractice are entitled to bring their case to a jury to seek full and fair compensation from those responsible for their injuries. The alternative is to leave permanently injured or disabled people to become a burden on the state and its taxpayers. Medical malpractice cases not only provide critically needed compensation but also serve to encourage hospitals and other providers to improve their treatment and avoid future mistakes.
When we put our trust in a medical professional, clinic, or hospital, we expect them to provide the appropriate level of care required by our medical condition. We certainly do not expect them to allow or make the problem worse or for a new problem to be caused by the medical provider.
Examples of Medical Malpractice include:
Giving a Patient the Wrong Drug and other Medication Errors
Failure to Diagnose a Medical Disease or Condition
Failing to Conduct Necessary Tests
Studies have shown that as many as 100,000 people a year die from medication errors made by medical providers. Deaths from surgical and other negligence add even further to that total. If you feel your condition or that of a family member was created or worsened due to the actions of a medical professional, it is important to speak with our medical malpractice lawyers in Cleveland.
Have you been injured or has a loved one suffered injury or death as the result of medical malpractice? Our lawyers can help! Call our office to schedule a free consultation.
Nursing Home Negligence & Abuse
When loved ones get older, they may need someone to take care of them. While they may not need hospital care, home care may be unaffordable. Moreover, with the pressures and obligations that come with everyday life, it may be difficult for their family to personally give them the care they need. Because of this, a nursing home is often the only option. When a family member is entrusted to a nursing home, the family is putting their faith in the nursing home and the professionals working there. They assume that the home will take good care of their loved ones. While most of the time this is the case, it is not always so, and sometimes elderly individuals in nursing homes are neglected or abused.
Nursing Home Negligence or Other Abuse Can Lead to:
Failure To Diagnose Medical Conditions
Prescription Drug Errors
Falls or Other Injuries
Unfortunately, nursing home patients may be subjected to negligent care. While this may not be intentional abuse, it is careless, below the standard of care for what is required of the nursing home, and can result in injury or death to the patient. However, other forms of nursing home abuse exist as well and can include physical abuse, mental abuse, and financial abuse. If you feel your loved one has suffered from any type of nursing home abuse, contact a lawyer for advice.
Are you unsure if your loved one is being abused in their nursing home? In many cases, an abused patient may be too afraid to say anything to their family due to threats from staff or just due to the fact they have experienced a great amount of trauma. There are signs to look for. If unexplained rashes, abrasions, bruises, cuts, or other marks start to appear on their body, personal belongings are missing, or there is a sudden change in their emotions, there may be a reason to investigate further. Contact a nursing home negligence lawyer if you suspect your loved one is being abused in a nursing home.
Do you believe your loved one is being abused or suffering due to staff negligence in a nursing home? A lawyer can help! Contact our Nursing Home Negligence Lawyers today to schedule a free consultation.
People walk for many different reasons. Some people walk to work. Others walk for recreational purposes or to get exercise. Others take young children out for walks or walk their dogs. Unfortunately, a simple walk outside can result in serious injury or death when a negligent driver makes a wrong decision and strikes a pedestrian. Contact a lawyer if you or a loved one were injured by a negligent driver as a pedestrian.
A pedestrian accident can result in:
Every year in the United States, motor vehicles kill approximately 6,000 pedestrians. This means that every day 16 people are killed in a pedestrian accident. The number of pedestrian injuries is even more alarming. There are approximately 110,000 pedestrian injuries each year in the United States!
Due to the fact that pedestrians are more vulnerable compared to those in a car, bus, or truck, the results are much more devastating for the pedestrian. Drivers must be aware of pedestrians while they are driving and avoid negligently injuring them. A pedestrian accident lawyer can help if someone close to you was struck by a vehicle and injured or killed.
Have you or a loved one been injured as a pedestrian? A lawyer can help! Contact our Law Firm today for a free consultation.
Whether you are at work, on vacation, or just running everyday errands, property owners have certain duties that vary according to the factual circumstances to make sure that your visit is safe and you leave uninjured. When the property owner fails to meet their duty and a serious injury occurs, the property owner may be held accountable and the injured person obtain fair and just compensation for their injuries. It is imperative to contact our premises liability lawyers if you feel a property owner’s negligence was the cause of your injury.
The following are situations that may give rise to a premises liability case:
Lack of Security
Dangerous Property Conditions
Lack of Maintenance
Most business owners know about their legal duties and responsible owners take out adequate liability insurance to cover any such injury. Damages may include medical costs, pain and suffering, loss of wages, and permanent injury.
Unfortunately, to try and protect their profits, insurance companies often deny responsibility that the company they insure is responsible for these damages. Sophisticated insurance adjusters try to minimize the amount of compensation a seriously injured person may be lawfully entitled to receive. Contact our Premises Liability Lawyers if you feel your injury should have been prevented by the property owner.
Have you or a loved one been injured on someone else’s property or business premises? Our lawyers can help you determine if you have a claim and then pursue that claim on your behalf! Contact our Premises Liability Lawyers today to schedule a free consultation.
Railroad accidents happen more frequently than people think. These types of accidents can be catastrophic and produce deadly results. railroad accidents can occur for a number of different reasons. Many times, however, it is the fault of someone other than the injured person. If you feel your railroad accident was the fault of another, contact our lawyers.
Throughout the country, including Texas, the most common types of railroad accidents are:
Lack of Security
Dangerous Property Conditions
Lack of Maintenance
Lack of Adequate Inspections
According to 2020 statistical data, Texas ranks as number 1 for railroad collisions in the United States with 186 collisions, 11 deaths, and 67 injuries. Unfortunately, many railroad workers are hurt and killed every year in Texas due to the carelessness of others.
The cause of a railroad accident can be the result of numerous things. In some cases, the railroad company may be at fault. For example, lack of training, failing to properly maintain the train and/or the tracks can result in accidents such as derailments. Finally, failing to have properly working lights, gates, and other warnings at railroad crossings can result in a terrible railroad accident.
Have you been injured or a loved one been injured or killed in a railroad accident? Our lawyers can help! Contact our Railroad Accident Lawyers today to schedule a free consultation.
Train Accident Attorneys
Did you know that a train accident occurs in the United States every 90 minutes? It is a true and alarming fact. Many of these train accidents are the fault of the railroad and not the motorist.
However, a railroad claims representative will attempt to persuade you into believing a motorist is always at fault without providing the underlying facts such as the train black box which shows the speed of the train and whether the horn was being blown, the employee time reports, and daily track inspection reports. Even if you were provided with this information, you must seek INDEPENDENT legal advice to evaluate the information in a fair and unbiased form. Some of these train accidents result in injuries that range from mild to severe, while others result in severe brain damage or other catastrophic injuries, or death. Letting the railroad get off the hook by not taking them to task when they are at fault will allow the railroad to continue to operate unsafely and lead to other injuries and deaths.
It is well-established law that railroad companies owe a duty of reasonable care to provide for the safety of the public and its employees. Railroads must also comply with state and federal laws, rules, and regulations concerning employee and public safety. Contrary to what the railroad would have you believe (for example, “train accidents are always caused by the motorist” or “the motorist failed to yield” or “the railroad employee caused their own injury”), courts and juries have many times found railroads responsible for causing injuries and death to the public and their employees.
Some of the factors that lead to injuries and deaths at railroad crossings are solely under the railroad’s control. These factors that place the public in danger include failing to install lights and gates at the crossing, failing to remove vegetation and trees that block the view of an oncoming train, overworking train crews, faulty railroad crossing signals, and insufficient employees to properly maintain the track and equipment.
Most crossings in the United States are not protected with flashing lights and gates. Instead, these railroad crossings are protected only by signs and are known as “passive” railroad crossings. Proper warning devices such as lights and gates are readily available and can be easily installed by railroads. Hazardous conditions such as multiple high-speed tracks, view obstructions, a history of multiple accidents, heavy school bus traffic, and hump or high profile crossings exist throughout the country. We believe railroads should be protecting these crossings with lights and gates in order to meet their duty to protect the public and their employees.
Railroads that choose to turn a blind eye to unsafe conditions must be held accountable for the sometimes tragic consequences of their choice. Otherwise, they will continue to disregard their duty to protect the public and their employees.
Train accident statistics reported by the Federal Railroad Administration (“FRA”) include the following:
HIGHWAY RAILROAD CROSSING ACCIDENTS
In one year there were approximately 1,381 reported deaths and injuries at highway-rail railroad crossings;
On average a total of 4 people per day are either killed or injured at highway-rail railroad crossings in this country ;
In one year there were approximately 150,000 public highway-rail railroad crossings in the United States;
In one year only about one out of four (26%) of the 150,000 public highway railroad crossings in the United States were protected by gates.
In one year about 54% of the 150,000 public highway railroad crossings in the United States were protected only with a sign.
A driver is 30 times more likely to die in an accident that involves a railroad train rather than another motor vehicle.
Whether you or a loved one was injured in a railroad crossing injury, derailment, or another type of train accident, or if you lost someone close to you in a railroad accident due to the negligence of another, call our train accident attorneys. We are here to help and answer your questions.
Spinal Cord Injury Attorneys
Every year throughout the United States, many individuals are involved in accidents that result in a spinal cord injury. In fact, annual statistics show that there are approximately 11,000 spinal cord injuries each year in the United States. A spinal cord injury is a severe, life-altering injury that can leave someone physically unable to do things they were once able to do. In many cases, the spinal cord injury results from the negligence of another individual.
The most common cause of spinal cord injury is car accidents. Aside from car accidents, spinal cord injury can also result from:
Slip and Fall
Acts of Violence
Loss of movement (paralysis) over some part of the lower and/or upper body and permanent disability is the usual result of a severe spinal cord injury. Our attorneys are here to help if you or your loved one suffered a spinal cord injury in an accident due to the negligence of another. Even when the spinal cord injury does not result in paralysis, other severe results such as cracked, damaged vertebrae, separated discs, and pinched nerves, can accompany such an injury.
In some cases, a spinal cord injury may seem somewhat trivial, only causing mild pain. However, it is still important to get the necessary medical attention because more severe repercussions may surface later on, resulting in more pain, greater injury, and more costly medical bills. Medical care, nursing costs, tests, equipment, and medications are all some of the things our attorneys can help you get compensation for, as well as pain and suffering. Speak with our attorneys today if a careless person or company caused your spinal cord injury.
Have you or a loved one suffered a spinal cord injury as the result of someone else’s negligence? Our lawyers can help evaluate your claim and obtain critically needed compensation for your injury. Contact our Spinal Cord Injury Attorneys to schedule a free consultation.
Work Injury Lawyer
Although some jobs are more dangerous than others, you can get injured no matter what your occupation, even when it doesn’t appear threatening. If you are injured on the job and the injury results from certain wrongful conduct on the part of the employer or its employees, or you believe on the part of an equipment manufacturer or some outside company that serviced the equipment, you may be entitled to recover fair and just compensation for your injuries beyond what may be offered under your state’s worker compensation laws. The requirements for compensation vary between states and depend greatly upon the specific facts of your injury.
Examples of Work-Related Injury Include And Can Be Due To:
Safety Guards Being Removed From Machinery and Equipment
Increased Speed of Production Beyond What Is Safe
OSHA reported that 5,333 workers died on the job in 2019 (3.5 per 100,000 full-time equivalent workers) — on average, more than 100 a week or about 15 deaths every day. About 20% (1,061) of worker fatalities in private industry in the calendar year 2019 were in construction – accounting for one in five worker deaths for the year. No matter how mild your work injury was, you may be entitled to monetary compensation if your employer or another company or manufacturer failed to meet its duties. Contact a lawyer today!
Depending on the specifics of your case, it may be possible to receive some monetary compensation through Workers’ Compensation. However, in many situations, Workers’ Compensation is very inadequate and does not come close to compensating you for your injuries. Our employee work injury attorneys are here to help you receive all the compensation that you are entitled to receive.
Have you or a loved one been injured in a work accident? A lawyer can help! Contact our Work Injury Lawyers to schedule a free consultation.