Drowning Accident Lawyer
Attorney Discusses Drowning Accidents

During our long hot summers, we Texans like to cool off in backyard swimming pools. There is, however, a negative side to this seemingly benign activity. If there is even a moment of lack of supervision or if a pool is not adequately maintained a serious injury or even a death may occur in the pool, particularly to our children.

In such an instance, the family of the injured or killed child may be able to seek financial compensation from the negligent party by filing a personal injury or wrongful death lawsuit. The attorneys here at our Law Office have written this brief article to help you understand the legal implications and to help you understand your legal rights.

Child Drowning Statistics in the United States
The United States Center for Disease Control recently compiled this list of statistics to address the severity and common occurrence of child drowning accidents in our country:

Children under the age of 14 account for more than one-fifth of all fatal drowning.
For every child that perishes in a swimming pool accident, there are another four children who require emergency medical care in the ER in order to treat their injuries.
In one year alone, over one-third of all children who died from accidents perished by drowning.
Drowning is currently the second leading cause of death by unintentional injury to children aged from 1 to 4 years of age.
Most all of the drowning that involves children aged 1 to 4 years of age occurs in residential swimming pools.
Most all child drowning occurred when the child was being cared for by one or both parents, was out of sight for less than five minutes, and was last seen in the family house.
These numbers are truly staggering, especially in regard to the accident rate among children. Consequently, this is one major reason why parents or those adults entrusted with the welfare of our children need to be so vigilant. Negligent supervision is the leading cause of swimming pool fatalities, whether that pool is a residential, apartment complex, or public facility swimming pool.

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Negligent Supervision in Swimming Pool Accidents
It takes less than five minutes of inattention for a child to suffer an injury or fatality in a swimming pool. Even if a child escapes drowning, there is still an excellent chance that he or she will be seriously injured in this type of mishap. If oxygen does not reach the child’s brain, then a life-long medical condition may result, seriously impacting that child’s quality of life. To further compound the gravity of this problem, the accompanying medical bills may be astronomical. If a child does perish in the accident, of course, the emotional and mental turmoil suffered by the family can be painful and long-lasting as well. In either case, an aggrieved family may pursue both justice as well as financial compensation by filing either a personal injury or wrongful death lawsuit. Our Law Office knows that this is a tremendously difficult period of time for you. We can help you to see that justice is done and can also help you to ensure that this accident will not subject you to further financial stress.

These cases of negligent supervision most often occur when the parent, guardian, or another adult in responsibility (pool operator or lifeguard) fails to perform their duties to ensure the safety of any children entrusted to their care. If such negligence occurs, the child may well wander into an area restricted from a child’s use or may simply go under the water in the pool. Pool accidents unfortunately may occur in a wide variety of ways. Should this happen to a child of yours, immediately contact our Law Office so that we may be of assistance.

Poor Pool Maintenance and Swimming Pool Accidents
Improper maintenance of the swimming pool and the equipment needed to run the pool is another common cause of Texas pool accidents. Bad pool gates, broken pool fences, broken diving boards, or defective pool drains can contribute to an accident that could result in injury or death. A manufacturer of a part involved in such as accident may possibly be liable. Additionally, if a part were not properly maintained then the individual or company responsible for maintaining that part may be held liable. Properly assessing liability in these cases may be difficult as the parties responsible may not be actually involved at the accident site itself. The attorneys at our Law Firm have had extensive experience in cases involving swimming pool accidents and know how to accurately assess liability and then hold all responsible parties accountable.

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Safety Tips for your Pool

The National Drowning Prevention Alliance has compiled a list of tips that should prove useful to ensure that your pool does not present any dangers to your children or to other children who may be visiting. On a different level, these tips might prove useful should a child of yours have an accident in someone else’s swimming pool. If that pool owner has not incorporated these pool safety tips then you will have merit in pursuing legal action against the negligent party responsible.

Never leave any child unattended while in or near a swimming pool.
No matter how well a child might be able to swim, no child should ever be considered “drown-proof.”
A responsible adult should be named a “water watcher” whenever children are in a swimming pool.
A fence five feet high should be erected between the pool and the house.
The pool gate should never be propped open, no matter how convenient.
Alarms should be installed on all doors and windows in a house facing the pool. These alarms should sound loud when opened.
The most efficient and convenient swimming pool covers are the powered pool safety covers. Floating pool covers are not safety devices.
Always keep a phone near the pool. In the case of an emergency, it will be quick and easy to call for assistance. Plus, this means that you will never have to leave the pool area to answer a phone call.
The pool owner should know CPR.
A life-saving ring, a shepherd’s hook, and CPR instructions should be kept by the pool.
Never leave water in buckets or in wading pools.
The pool should always be the first place checked if a child is ever missing. Time is critically important in swimming pool deaths and injuries.
Always remove toys from the pool and from the swimming pool area.
Do not use chlorine dispensers that resemble toys.
Babysitters should always be warned about being particularly vigilant when caring for children near the pool.

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Contact Our Drowning Accident Lawyers

The attorneys at our Law Office can help you if your child was injured in a swimming pool accident. We can assist you by filing a personal injury lawsuit that will help ease the financial stress that you may be under. As you probably know, pool injuries may create long-lasting medical conditions that can be extremely expensive.

If your child has been killed in a swimming pool accident our attorneys can assist you in holding accountable the negligent parties responsible for this horrible accident. We will work with you to make sure that the guilty are punished and will work to ensure that a similar incident does not happen to another child in the future. While we know that no amount of money will ever replace a lost child, we will work for you to recover such damages as medical expenses, funeral costs, and compensation for pain and suffering.

It should be noted here that it is very important for the parents or guardians of children involved in a swimming pool accident to contact an attorney as soon as possible after the incident. In many cases where perhaps a faulty part has involved the part in question may be repaired or may disappear if much time is allowed to pass after the accident. In other cases where there may be an issue of negligence involved, if time is allowed to pass then people sometimes may change their stories in an attempt to escape liability. In any of these cases, our attorneys will need to launch a thorough and complete investigation into the causes of the accident. Evidence, as well as witness testimonies, are all necessary ingredients to winning a case and all are better collected as soon as possible after the incident. Finally, it should be noted that the statute of limitations in these types of cases is two years. It is always a wise idea to begin proceedings as soon as possible after the accident.

The attorneys at our Law Office have been successfully litigating personal injury and wrongful death lawsuits for over 20 years. We want to help you through the legal process now so that you may return to your life with as little financial stress as possible. We do understand what a difficult time this is for you emotionally.

Please contact us toll-free. We are pleased to offer a free consultation and we look forward to answering all your questions regarding your case.

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Hotel & Apartment Pool Drownings
Swimming Pool Accident Lawyer on Your Legal Options After a Hotel, Motel, or Apartment Pool Drowning Accident

Every year, hundreds of Texas residents enjoy the outdoors by swimming at their local apartment pools, hotel pools, or community swimming pools. The beautiful breeze of the waters in swimming pools makes one happy and the ability to relax. Despite the benefits and pleasures swimming pools provide to their users, there are also risks involved.

In fact, swimming pool accidents are one of the most common types of accidents residents in an apartment complex, hotel complex, or community neighborhood area may come across. If you or a loved one has suffered an injury due to an apartment pool accident, then know that help is available. You can possibly seek financial compensation for your injuries or loss through a personal injury lawsuit against a property owner or the entity that is responsible for maintaining the pool grounds.

In addition, if you have lost a loved one to death because of an apartment pool drowning, then help is also available. You can seek justice against the negligent party responsible for the apartment pool drowning through a wrongful death lawsuit. More than one party may have contributed to your loved one’s apartment pool drowning and therefore you can seek legal action against them by holding them liable through a wrongful death lawsuit. Even if an apartment pool drowning does not cause death, it can still result in serious injury to the victim. The injuries one may suffer because of the apartment pool drowning could drastically alter a person’s quality of life in a negative way. Whatever situation you are in, it is very critical that you get the help of an experienced apartment pool accident attorney. When you work with an apartment pool accident attorney, you will have the tools necessary in order to have a successful case. There are two reasons why you should seek a civil lawsuit against negligent apartment pool complexes. It is important to hold a negligent apartment complex accountable for their actions or inaction which led to the drowning. Also, another reason why you should seek a civil lawsuit is so that you can see justice served to the aggrieved party in the form of financial compensation. The injuries or death that can occur as a result of the drowning can be severe and cause a lot of financial hardship to the aggrieved party. By seeking financial compensation in the form of a civil lawsuit, your situation will be less burdened.

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Causes of Apartment Pool Drownings

As we all know, pool accidents happen for a variety of reasons. However, when it comes to apartment pool drownings, there may be several factors that contributed to the drowning. Apartment pool drownings can happen because of the lack of maintenance on the pool, no safety devices available at the pool, and equipment used by the pool may be defective as well. Safety measures around the pool must also be maintained. For example, pool gates and pool fences must be maintained and available at the apartment pool site so that a wandering child will not be able to access a harmful area of the pool. Furthermore, drain covers need to be installed properly and must be compliant with rules set forth and enforced through the Virginia Graeme Baker & Pool Spa Safety Act. This law was enacted to protect children because drain covers on swimming pools prevent children from getting caught in a vacuum caused by non-compliant drain covers.

Furthermore, warning signs have to be properly displayed and posted so that swimmers are aware of dangerous water levels or be able to see precautions swimmers should take in order to be safe. Warning signs are also needed to let people know if a lifeguard is available or not at the pool. Also, all children must be supervised if they are using a public pool such as an apartment pool. If a child is not properly supervised when using an apartment pool, then their guardian, parent or whoever their caretaker is can be held liable if that child experiences an apartment pool drowning. Also, if the apartment pool area lacks adequate safety equipment and a child gets hurt as a result of that, then the apartment pool property owner can be held liable for the child’s accident. For example, if a pool did have a broken fence or another defective safety device, and the child is able to wander around the pool into the dangerous areas and drown as a result, then the apartment manager or owner, the pool maintenance company, and the manufacturer or installer of the apartment pool safety device can all be held liable for their negligence in failing to provide standard safety measures to the public.

In summary, there are many causes to an apartment pool drowning and more than one party can be held liable. Being able to identify all the liable parties involved in your loved one’s apartment pool drowning is critical in order to pursue a personal injury or wrongful death case. Every liable party is responsible for owing their share of money to the percentage of compensation owed to the injured party. If any liable party is not properly identified or classified, then an injured victim may not receive the full compensation they deserve for their injuries. This is another critical reason why you should contact an apartment pool accident attorney as soon as possible. If you delay in contacting an attorney, evidence in your case can be destroyed, disappeared, or tampered with. When you contact the attorneys at our Law Office, we will get to the accident scene quickly in order to conduct an in-depth investigation into the apartment pool drowning accident case. Getting to the accident scene on time is critical for one to have the ability to identify all liable parties who contributed to the apartment pool drowning. Furthermore, the sooner our attorneys are able to conduct an investigation, the less likely chance a negligent party has a chance to tamper with evidence by concealing important things such as fixing a broken gate or a faulty drain cover in order to cover up for their mistakes and involvement in the apartment pool drowning accident.

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Drowning Accidents at Hotel Pools in Texas

Hotel pool accidents are similar to apartment pool accidents when it comes to legal matters. Just like an apartment pool complex, a hotel pool complex must be properly maintained by staff and must be in proper working condition so that injury or harm is less likely to occur for a hotel resident or visitor. Furthermore, the maintenance staff must maintain pool safety standards by restricting dangerous areas for kids and putting things around the pool so that children do not have access to the dangerous areas of the hotel pool. In addition, warning signs must be posted as well in the pool area. In hotel pools, pool gates and fences must be maintained and pool covers should also be used. Hotel pools must also have anti-entrapment drain covers so that children cannot be sucked into the pool’s drainage area. The Virginia Graeme Baker Pool & Safety Act enforces these rules and is the law. This law states that anti-entrapment drain covers must be used in all public pools in order to protect children. If a hotel pool drowning or accident does happen, then the hotel owner can be held liable because of a premises liability case if it was discovered that the property owner was negligent in their duties to provide standard safety to its visitors of their property.

Another cause of hotel drownings in cities in Texas is due to intoxicated individuals who are a threat to the public by causing injury to themselves or others. If an intoxicated person became drunk because a server or bartender at the hotel over-served their patron alcohol and caused them to become drunk and that patron caused a hotel pool accident, the injured victim or bereaved family member will have the ability to pursue a dram shop case against the negligent alcohol-serving hotel establishment. In Texas, dram shop law was put into place so that any alcohol-serving establishments can be held partially liable for causing their patron to cause an accident because of being drunk and exceeding a blood alcohol level of .08%. If the patron causes an injury or accident because of their drunk state caused by their server who over-served them, the alcohol-serving establishment can become an additional defendant in a personal injury or wrongful death suit, and also a civil suit in a hotel drowning accident case.

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Call Our Pool Accident Lawyer

Our Law Firm brings you 20 years of experience in litigating both personal injury law and wrongful death law in Texas. Our pool accident lawyers will help you seek the justice you deserve against a negligent party for their role in causing you injury, harm, and loss. The compensation you are able to get from your personal injury or wrongful death lawsuit can help you pay for things like medical bills, lost wages due to time off from work, funeral costs, and costs associated with your pain and suffering. The truth is anyone who has suffered a pool drowning will more than likely experience severe injury and the medical costs associated with that injury can be quite high as well. By seeking a personal injury lawsuit, you will have the ability to pay for the high medical costs associated with your injury or loss. While we know that no amount of money will ever bring back your loved one, we also believe that seeking a personal injury or wrongful death lawsuit is important for you because you can seek justice for those that caused or contributed to your harm. It also sends a clear message to everyone that negligent behavior or actions or inaction which lead to injury or death will not be tolerated. Contact the apartment pool drowning lawyers at our Law Office today to get the help you need.

Call us now toll-free for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to answer any questions you may have and provide you with several legal options that best meet your needs. Our attorneys will listen to your story and the details of your apartment pool drowning accident in order to start working on your case. At our Law Office, our goal is to help you in this difficult and stressful time of your life. We want to help you overcome the pain and tragedy you are going through by helping you seek the maximum amount of compensation for your injury or loss. We also want to help you seek justice by holding those liable parties responsible for your injuries or loss by holding them accountable for their negligent behavior. Call us now! Don’t wait!

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The Virginia Graeme Baker Pool & Spa Safety Act
What is the Virginia Graeme Baker Pool & Spa Safety Act? Texas Drowning Lawyer Answers

In June of 2002, seven-year-old Virginia Graeme Baker died in a pool accident caused by a hot tub drain. Despite being an accomplished swimmer for such a young age, she became trapped through suction into a pool drain. Her mother and two other men attempted to free her. So much force was exerted in efforts to save her that the drain cover eventually broke off. Unfortunately, the efforts were not enough to save the young girl. Graeme, as her family called her, died due to entrapment by a faulty drain cover.

Not wanting other families to experience the same kind of grief she did, Graeme’s mother, Nancy Baker, daughter of the former Secretary of State James Baker III, went to work to get legislation passed that could prevent future tragic pool accidents caused by faulty drains. The Virginia Graeme Baker Pool & Spa Safety Act was passed into law on Dec. 19, 2007, and became effective the following year. Essentially, the bill mandated that all public pools and spas had to use anti-entrapment, safety-compliant drain covers so that severely injurious or fatal pool accidents would not occur.

The findings section contained in the Virginia Graeme Baker Pool & Spa Safety Act present a few sobering statistics in regards to childhood drowning accidents:

Congress finds the following (SEC. 1402: FINDINGS):

Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States.
In 2004, 761 children aged 14 and under died as a result of unintentional drowning.
Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning.
Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near-drownings.
The Virginia Graeme Baker Pool & Spa Safety Act goes on to state that ASME/ANSI A112.19.8-2007 compliant drain covers must be used in public pools and spas, which includes school pools, apartment pools, water park pools, hotel pools, or spas located at these places. If these places do not have such anti-entrapment drain covers installed and a child or adult suffers an injury or death as a result, the property owner or property manager may be in violation of federal law. Additionally, they may also be held liable for such an accident since proper steps were not taken to ensure the safety of their tenants or guests while using their pool.

Contact Our Texas Pool Accident Lawyers
If you or your child has suffered a severe injury due to entrapment in a pool drain cover, consider contacting our Texas pool accident law firm. You may be able to seek compensation for your injury or your child’s injury through a personal injury lawsuit in Texas. Such compensation can be put to use in paying off already-incurred medical bills, future medical bills, and other types of damages often incurred in the aftermath of sustaining an injury caused by another person’s or entity’s negligent behavior.

Drowning Accident Attorney
Should you have lost a loved one due to a faulty pool drain cover, consider contacting our Law Office to pursue a wrongful death lawsuit. Although compensation is sought in such civil suits in order to help an aggrieved party through the financial losses they’ve experienced as a result of their personal loss, seeking justice is often a larger reason for a bereaved family member to seek this kind of legal action. When the drowning accident attorneys at our Law Office are enlisted to help with a wrongful death case, we will conduct a thorough investigation into the accident site in order to determine who the liable parties may have been and what role they may have played in contributing to the fatal pool accident. Our goal is to hold each party fully accountable for their negligent behavior so that such behavior does not have to result in further harm or loss to another individual or family.

With 20 years of experience in both personal injury and wrongful death law in Texas, our attorneys can help you through this difficult time so that you may be able to seek compensation and pursue justice. Consider contacting our law firm for a free legal consultation. You’ll be able to ask any questions you may still have and receive answers in regards to your possible legal options. Should you be able to proceed with bringing a personal injury or wrongful death claim against a negligent party or parties, we can help you through that process so that justice can be served.

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What Can You Do?
The first thing NOT to do is to ever, ever give up your right to sue by signing any sort of admission of your family member’s liability for the accident in exchange for a woefully inadequate settlement.

Next, you must act immediately to find a lawyer, or at least as soon as you can. It can be very difficult, and require a lot of proof, to protect the reputation of your deceased loved one.

Every minute you wait to hire an attorney is every minute that evidence disappears – witnesses’ memories become cloudy and the physical characteristics of the accident scene itself begin to alter. The longer you wait to seek legal help, the more difficult time you’ll have to unearth the evidence that is crucial to prevailing in your case. A detailed investigation needs to immediately be launched. After all, the construction company, insurance provider, and defense lawyers will already be working for the other side. You need a tenacious and passionate attorney working on your side to match them stride for stride.

The wrongful death attorneys at our Law Office have helped the devastated families of construction fatality victims for two decades. We’ve won hundreds of wrongful death cases that resulted in millions of dollars in judgments for our clients. When hired, we will launch an immediate investigation into the circumstances surrounding your family member’s death and gather the evidence you will need to prove your case. We will not hesitate to pursue legal action against any liable third parties if necessary in order to ensure all of those responsible for the death of your loved one are held accountable. Our attorneys have either negotiated settlements with, or won lawsuits against, every major insurance company in the United States, so their high-powered operatives are well aware of our courtroom acumen. As a result, there are many times an insurer will choose to make our clients a reasonable settlement offer rather than risk losing a much larger amount of money in a lawsuit. If they choose not to engage in negotiations, we’ll be well prepared to face them in court and make them regret that decision. If you have lost a family member due to a fatal construction accident, call our Law Office as soon as you can (toll-free) for a free and confidential consultation with an experienced wrongful death attorney and find out how we can help you get the justice and fair restitution your family deserves.

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Scaffolding Accident Attorney
If You’ve Been Injured in a Scaffolding Accident, Call Our Lawyers

Injuries resulting from on-the-job construction site falls are the most frequent causes of highly damaging and often traumatic occupation death. The dangers of falling from scaffolding are well known by those working in the construction industry, and falls from scaffolding are often the result of a number of factors.

Injuries from scaffolding fall accidents range in cause from defective hardware (such as the use of screws, or bolts improper for the load capacity being supported) or equipment, improper installation or operation of scaffolding equipment, failure to provide proper safety equipment, or improper to inadequate worker training.

If you have lost a loved one in a scaffolding accident, it is in your best interest to know your legal rights regarding compensation for their loss. The Scaffolding Accident Attorneys of our Law Office have been fighting for the rights of those needlessly killed in on-the-job construction scaffolding accidents, for over 20 years. We can help you determine your most beneficial legal avenue to compensation for funeral, medical, and financial hardship costs incurred as a result of the loss of your loved one. Our attorneys have helped thousands of Texans suffering from the needless death of their loved ones resulting from construction scaffolding accidents caused by negligence. An understanding of Workers’ Compensation Law is essential for determining your legal course of action in pursuit of compensation, and the Scaffolding Accident Attorneys of our Law Office stand ready to assist you.

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Scaffolding Injury Cases: The Potential for Multiple Party Liability

There exists a great potential for third-party liability in cases of on-the-job deaths. With regard to construction scaffolding accident deaths, third parties which may be held liable for compensation for damages arising from a fatal accident may be as likely as a source of compensation for your damages, as the employer under whose responsibility your loved one was wrongfully killed. Liable third parties could include the manufacturer or installer of the scaffold, or the persons(s) responsible for the maintenance of the scaffolding equipment, the general contractor (GC), subcontractors having a physical presence on the job site, or other workers. According to Texas State Law, all companies and individuals have a legal duty to provide a certain measure of safety, and owe a duty of no harm, to workers designated, or recognized by law as “general employees”. The deceased employee’s employer may also be held liable for damages arising from a fatal scaffolding accident, in addition to third parties. The complexities of pursuing compensation in the event of a fatal work-related injury require the service of an experienced professional legal counsel. Such counsel will be able to fully navigate the tumultuous backwaters of legal code, and case law to determine the most appropriate course of legal action relevant to your case, and will also be able to provide for you a means of protecting your legal right to seek compensation for damages sought. One of the first, and often most formidable obstacles to be assessed and analyzed in your pursuit of compensation for the death of your loved one is that of the Workers’ Compensation Insurance status of the deceased worker’s employer. The pursuit of compensation for the wrongful death of a loved one, from an employer subscribing to Workers’ Compensation Insurance, will differ from cases of compensation sought from an employer who does not subscribe to Workers’ Compensation Insurance.

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Frequent Problems in Nonsubscriber Work Injury Cases

 

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What Happens if My Employer is a Workers Comp Non-Subscriber?

Personal injury litigation involving a claim filed by a worker against a non-subscriber employer in a completely different manner than those regarding subscribing companies. When the Texas Legislature enacted workers comp law, it did so with the intentions of trying to lighten the burdens of an incredibly overwhelmed state legal system. The thinking was, if the instances of worker’s injury lawsuits could be lessened, the entire legal system might be able to work much more efficiently. That’s why subscribers are shielded from lawsuits involving the workplace. Consequently, the law looks unfavorably toward companies that choose not to subscribe to workers comp insurance. You can say the law, in effect, “punishes” non-subscribers to leaving them wide open to personal injury litigation. It is far easier for injured workers to gain just restitution for medical expenses, lost pay, and pain and suffering from a non-subscribing company than it is a subscriber. The obvious difference is that an injured worker can sue a non-subscriber. Since there is no workers compensation claim to file in this kind of case, a victim will not be subjected to the onerous bureaucracy associated with the workers’ comp claims process.

While it may seem like a slam-dunk, that it would be very simple to win a personal injury lawsuit against a non-subscriber, in reality, it’s not. A plaintiff, in this case, does, indeed, have more rights. But that in no way means the process is an easy one. These kinds of cases have a lot of complexity surrounding them. Experienced attorneys – by either working for the defense to minimize compensation awarded or for the plaintiff to increase compensation – can use these complexities to the benefit of their client. The attorneys at our Law Office are extremely familiar with non-subscriber personal injury litigation and can put that experience to use for you in making sure you are fairly compensated for the injury you have suffered due to the negligence of your employer.

Sometimes a claim can be resolved amicably out of court. Many times, however, that doesn’t happen and a lawsuit gets filed as a result. As stated before, when a case goes to trial, the plaintiff bears the burden of proof. Your side must prove the accident that led to your injury was caused by the employer’s negligence, and that you have incurred lost wages and lost future earning potential, medical expenses, and both emotional and physical pain and suffering as a result. This is another key difference in cases involving subscribing and non-subscribing defendants. In any case, involving a subscriber, “gross negligence” has to be proven – basically, the plaintiff has to prove that an employer habitually and recklessly created a hazardous workplace environment and that an injury-causing accident was inevitable. In a case involving a non-subscriber, however, the plaintiff needs only to prove “standard negligence,” meaning that someone’s momentary lack of focus led to the accident. This may be much easier to prove, but it still comes with several pitfalls.

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The Employer/Employee Relationship

There may be one other method a non-subscribing company will use in order to defeat a claim. Even though it could be as flimsy as the sole proximate cause defense, it still must be taken seriously. It can be difficult to combat. What a non-subscriber might do to avoid having to pay your claim is to try and prove that you, in fact, were never really an employee of the company, but a contractor. If they can prove that an employer/employee relationship never existed, they can successfully avoid paying your claim. In Texas, contractors are responsible for their own safety in the workplace. Thus, if the company can prove you were a contractor, they cannot be held responsible for the accident that resulted in your injury. Our law firm has dealt with this kind of tactic many times. Even if the company that hired you always saw you as a contractor, that doesn’t mean that you’ll be regarded that way in the eyes of the law. There are many ways to prove that the employer/employee relationship was in full effect at the time of your accident.

Again, though, the burden of proof lies with you, the plaintiff, in establishing that the employer/employee relationship did, in fact, exist. There are quite a few methods we use to establish that relationship. If any of the following took place, it is likely you will be considered an employee of the company in the eyes of the court.

The employer withheld Social Security or taxes from your paycheck.
You were paid either hourly or through some sort of salary: weekly, bi-weekly, monthly, etc.
You signed a document that in any way limited your rights, such as a form stating you read and understood the company’s employee handbook, or a form stating that you agreed to submit to a company-mandated drug test.
Your employer inspected, managed, or otherwise oversaw your work on a regular basis.
Your employer established a definitive work schedule for you. For example, you had to be at work at a certain time, were only allowed breaks at certain times, and could not leave until a certain time signified the end of the workday.
Your employer, and not yourself, was responsible for providing the tools and equipment necessary for you to perform your job.
The workers’ comp lawyers at our Law Office know how to use documented evidence, such as pay stubs, other paperwork, or the testimony of co-workers, to successfully prove the existence of an employer/employee relationship. Doing so will vastly improve your chances of winning just restitution in a personal injury lawsuit involving a non-subscribing company.

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Why You Can’t Count on OSHA to Help

The Occupational Safety and Health Administration, or OSHA, is a federal agency that plays a vital role in trying to ensure the safety of workplace environments throughout the United States. You’ve probably seen their guidelines posted somewhere at your job, maybe in the break room or the main office. So seeing those guidelines may lead you to think that if you suffer some sort of work-related injury, you can count on OSHA to help you win any litigation that may take place. As important as that agency is, however, the unfortunate truth is it can’t really help you at all.

OSHA serves a vital role, but as vital as that role is in our country, the agency will be of no use to you in your case. OSHA investigators are stretched thin because of budgetary limitations, so there’s probably very little chance they will be able to be present at every workplace accident scene. Even if they do show up, however, their only role will be to put together a report on what happened and make recommendations to your employer on how to prevent such an incident from occurring again. This is typically a very general report used by the federal government, and normally not very specific to your case. And OSHA is not particularly concerned with who is to blame for the accident. All they want to do is enforce federal safety requirements and try to ensure that the accident doesn’t happen in the future.

OSHA’s main goal is deterrence, but even in this aspect, their hands are pretty well tied. OSHA can levy a fine against a company that violates safety regulations, but its fine schedule is seriously outdated. It hasn’t been updated since the 1960s. To put that into perspective, a gallon of gas didn’t even cost 50 cents back then. So OSHA fines normally don’t amount to much more than a slap on the wrist of the offender. The intentions of the agency are noble, but it doesn’t really have as much power as you may think. As we already said, you can forget about OSHA being of any help in your personal injury case.

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So You’ve Suffered a Workplace Accident Injury. What Happens Next?

The workers’ comp lawyers of our Law Office have won thousands of personal injury cases and helped injury victims just like you reap millions and millions of dollars in awards, getting the compensation they deserve for the physical and emotional trauma they’ve experienced, and the medical expenses and lost wages they’ve incurred. We would like the chance to do the same thing for you. As soon as you possibly can, call us toll-free for a confidential and free consultation regarding the specifics of your case. If you hire us, we will immediately launch a thorough investigation of all the aspects of your accident. Time is of the essence in doing so, because critical evidence can often disappear if it is not gathered quickly enough. Without that evidence, your chances of winning a lawsuit are greatly damaged.

One thing you should NEVER do when you’ve suffered an injury due to a workplace accident is to sign any sort of document that will eliminate your right to sue. You’d be surprised how many injury victims will fall victim to an aggressive insurance adjuster or defense lawyer and sign away their rights in exchange for a quick settlement. They soon realize the devastating mistake they’ve made, however, when they see what kind of pittance they’ve signed for; a pittance that won’t come anywhere close to providing them just compensation for the lost wages and medical bills they’ve incurred.

Do NOT let that happen to you. Call us as soon as you possibly can so that we can go over the details of your case, clearly spell out all of your legal options, and then get to work in order to ensure you get the just compensation for your injury that you deserve.

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CONSTRUCTION ACCIDENTS
Our Construction Accident Lawyers are Here to Discuss Your Case for Free

Our Law Office has been litigating personal injury accident lawsuits for over twenty years. They have settled thousands of personal injury cases successfully. If you have been injured on a building site, you need a good construction accident lawyer to represent you.

Give our Law Office a call today and get the experience and success on your side to help you in your case. Our consultation is free and so is the call. Get in touch with us now.

Wherever you look in Texas it seems, there is some type of construction being done. Whether it is work on the roads or new houses going up in a new subdivision, there is no shortage of construction projects in the area. With that kind of building and repair taking place, there is always the potential for construction accidents. It’s not a question of if, but when they will happen.

So what takes place if it is you who gets injured on a job-related construction site? You should be aware that many factors are involved. For example, some of these things are whether or not a company carries workers’ compensation insurance, and if you are an employee or only a contract laborer. Inexperienced lawyers will have a hard time navigating the legal waters of construction site accidents, especially when considering the potential complexity of each situation. Even more so will you have difficulty if you try and work your own personal injury claim.

That is why you need to hire an experienced, construction accident lawyer like the ones at our Law Office to litigate your case. Our team has over twenty years of experience in resolving workman’s compensation insurance problems for those injured on work sites. We stand ready to help you understand the options you have if you have been injured or lost a loved one in an accident on the job. In addition, we want you to be aware of the obstacles that await you if you decide to take this legal journey to right your wrong.

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Non-Subscribers to Workman’s Compensation

Non-subscribers of workman’s compensation insurance have a different set of variables involved in their lawsuits. When dealing with non-subscribers, you are much more likely to get a company that will not settle immediately for the fact that they are protecting their own money and resources. They are more likely to aggressively defend themselves against such accusations that may be levied against them. When a claim is filed against a non-subscriber, they have the chance to settle out of court, but if they do not, the injured party, or plaintiff, has the burden to prove that an injury did occur at the hands of the company. Fortunately, the level of proof is much lower than that of subscribers to workman’s compensation insurance.

Defining Sole Proximate Cause
The main obstacle to overcome regarding non-subscribers is the lone defense that they can legally employ – sole proximate cause. Sole proximate cause is when a person is one-hundred percent responsible for their own injuries. In such cases, the company, or defense, will hire specialized attorneys who are skilled at shifting the blame to the injured worker. They will try and show that the cause of the accident was completely due to the actions of the injured individual and not because of the company. This of course can be a difficult proposition for the defense, since they have to prove one-hundred percent. This makes non-subscriber cases advantageous for the plaintiff. If you have been injured in a construction site accident, it is important to have the advice of a qualified construction accident attorney to help you decide if you have a viable case against a non-subscriber. Give our Law Office a call today toll-free and receive your free consultation.

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Contract Labor Versus Company Employer

Although the sole proximate cause defense is the only legal defense afforded to a non-subscriber, it is not the only defense period. Often companies in an attempt to avoid lawsuits will hire contract labor. With contract labor, there is not the same legal liability involved in the case of an on-the-job accident. This allows the construction company to avoid its responsibility more easily.

By definition, contract labor is labor that is hired on a per-job basis and in which no tools are provided and no specific times to work are given. In addition, no supervisor is supposed to give direct orders on how to complete the task. These definitions along with several others make up the contract employee–company relationship. By contrast, the employer of a company is legally more protected and the company has much more legal liability in regards to him. The employer is usually provided his tools, told the time to work, and given instructional supervision of some sort.

However, companies will try and stretch the definition of a contract laborer to fit their needs. This is where the knowledge and know-how of a veteran construction accident attorney come in handy. Our Law Office can do investigative research that will reveal the actual nature of the relationship between the company and the injured worker so we can help you develop a solid case.

Below is a list of definitions of which any will constitute an employer-employee relationship.

Withheld taxes on check
Important equipment or tools provided by the company
Set work hours
Direct inspection and oversight of work done
Taking a drug test or limiting your rights
Being employed for not only a single project but for an undetermined amount of time
You are not paid on a per-job basis but by the hour
If any one of these is applicable to your situation, you may actually be an employee of the company, even though they claim you are not. If this is the case, you may be entitled to sue and receive compensation for your injuries. Our Law Office can help you make that important determination. Give us a call today toll-free.

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The Problem With O.S.H.A.

O.S.H.A. stands for the Occupational Safety and Health Administration. It is a government agency that sets the standards for the workplace and levies fines against companies that break those standards. Because the standards were put in place in the 1960s, they are outdated and sometimes inadequate in protecting workers. In addition, the fines given to companies breaking them are so small that they amount to nothing more than a slap on the wrist. These companies sometimes will go on paying O.S.H.A. fines instead of the cost of making their work environments safer.

Therefore, do not expect that you will not need an attorney just because big brother O.S.H.A. is there. In addition to being ineffective in dealing with non-compliant companies, O.S.H.A. will not get compensation for injured workers. They will not collect medical expenses, pain, and suffering, or lost wages on your behalf. O.S.H.A. only deals with the company at large to help prevent future problems. They are only interested in keeping documentation that states that a company is in good stead with its procedures and standards.

For these reasons, it is extremely important to have a qualified construction accident attorney on your side. You need to have solid legal counsel to represent your real needs so you can get the reparation you legally are entitled to receive.

If you have been injured in a construction site accident the first thing to remember is not to sign anything without first consulting a qualified construction accident lawyer. They will make sure you do not end up signing away the potential settlement that you really deserve and not the first low-ball offer that your company will make.

Second, you must remember the importance of immediate action. Evidence on any construction site begins to be lost immediately after the accident occurs. Numerous workers, machines, and weather all can change crucial evidence that may help prove your case. If you hesitate you may regret it later. Our Law Office is extremely skilled at the art of investigation and can take swift action on your behalf that can save important evidence from being lost. Every minute you wait will make it more difficult for you to potentially make a viable and robust case for yourself.

So do not hesitate to take advantage of our twenty-plus years of experience. We are here twenty-four hours a day, ready to answer your questions. We are qualified and we know we can help. Call us toll-free for your free consultation.

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How does Workers’ Compensation Apply to Workers in the Construction Industry?

The first thing you will need to find out is whether or not your employer is a Workers Comp Insurance Subscriber or Non-Subscriber. This may seem like a straightforward question and answer, but the truth is, many low to mid-level construction managers may not have the answer or understand the question. The higher your manager has to go up the food chain to get an answer, the longer you will have to wait, and the response may be incomprehensible. The attorneys at our Law Office are here to help you navigate through the bureaucratic mess and ensure that you are compensated fairly.

Workers’ compensation provides compensation to workers injured on the job while at the same time providing subscribers with a high degree of immunity to lawsuits, except in the rare case that a worker dies and the employer was grossly negligent. In this case, the worker’s family may file a wrongful death lawsuit. Due to the current legal structure of the workers’ compensation insurance system, if you are injured doing construction work for a company that carries workers’ compensation insurance, you cannot file a work injury claim.

If You Can’t Sue Your Employer Because he or she has Workers’ Comp Insurance, What Can You do?
You may be able to file a lawsuit against other parties to recover financial damages or get the relief you need. Other defendants in construction accident cases often include property owners who own or control the job site, other contractors, the general contractor, equipment manufacturers, and leasing companies.

Any of these other defendants could provide you with additional compensation to pay for your injuries. Our attorneys can conduct thorough investigations to determine exactly how your accident occurred and identify all potential defendants in your case. We are dedicated to finding every possible source to secure the compensation you need.

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What Benefits Should You Expect to Receive Under Workers’ Comp?

Up to 70% of any wages lost during recovery time in which you were unable to work.
Note: the max on this is capped at $600/week.
If the injury impairs you for life and renders you unable to return to work, you may be entitled to this benefit for the rest of your life.
Per diem compensation for mileage driven to and from places where you obtained medical treatment, prescriptions, and other necessary medical supplies.
100% coverage or reimbursement for any medical treatment, prescriptions, or over-the-counter medications and supplies related to the specific injury in question.

Non-subscriber Lawsuits
If your employer is not a Workers’ Compensation Insurance subscriber, you may pursue any of the following legal remedies:

Construction Accident Law Suit – This kind of lawsuit can help you recover:
Past and future medical expenses.
Lost wages from time spent recovering from injuries.
Compensation from lost earning capacity due to your injuries.
Compensation (damages) for your physical pain and mental anguish.

What if my Employer Thinks They are not Liable Because I was Working Alone and the Accident was my Fault?
Many construction companies may think that makes it a clear-cut case in their favor, but the truth is, that even if you were working alone, your employer was responsible for providing you with the proper tools and safety training. Consider the following:

Did they provide you with proper training for lifting heavy objects, working high above the ground, or handling hazardous materials?
Did they provide you with proper safety equipment that was maintained and in good repair?
Did they fail to provide you with enough fellow employees to assist you in the task in which you were injured that the injury could have been prevented?
If the answer to any of these questions is NO, then your employer may still be liable for your injuries if they are a nonsubscriber. Our experienced attorneys can trace back through the factors involved in your workplace accident and uncover any parties who may share liability for your injuries and help you assess which legal remedies are worthwhile for you to pursue.

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Are You a Contractor or an Employee?

Because Texas law says only general employees are eligible to file construction work injury suits or workers’ comp claim, many employers in the construction industry believe that having workers sign waivers that state they are contractors renders them immune to personal/workplace injury lawsuits.

However, the State of Texas has case laws that have been established that protect workers from falling into this trap by instituting standard criteria by which the existence of an employer-employee relationship is established regardless of whether you are listed by the company as a contractor or otherwise. These standard criteria evolved out of a volume of related cases in which similar determinations were made by the courts.

Based on Texas case law, an employer-employee relationship may be proven if:

The contract states the worker is an employee
The worker is working exclusively for that company
The employer provides the tools or materials the worker uses to complete the work
The employer manages the worker at various points throughout the project
The amount of time the employer is expected to continue working for the employee is not specified
If the worker is paid by the hour¸ rather than by the project
The borrowing employer can hire or fire the employee
The borrowing employer requested to use a specific employee
The borrowing employer provides the tools and materials necessary for the worker to complete his or her job
The lending employer cannot interchange the borrowed employee with any other worker
The borrowed worker is used to fill a position that almost anyone could fill
The borrowing employer pays the worker’s taxes and social security
These very technical details along with your employer’s status as a subscriber are critical in determining what benefits you are eligible to receive and whether you have been receiving them fairly.

To ensure that you are not cheated out of the economic relief and potential damages you deserve, make sure that you absolutely DO NOT accept any offer of payment from a construction company. DO NOT sign any documents without having them reviewed by an attorney. DO NOT make or write out any statements detailing the incident.

Our Law Office has been handling construction accident injury cases in and around Texas for more than 20 years, and we are here to help you understand your rights and responsibilities so that you can get the best legal remedy you deserve.

If you think that you may be ineligible to recover benefits because you were a contractor, our construction law experts can review the criteria of your employment with the construction company and determine if you are actually still eligible for legal treatment as a general employee by meeting the credentials established in Texas state law.

Why Should I Choose Your Law Office to Help me With my Case?

We have been helping injured parties with both subscriber and non-subscriber cases all over the state of Texas for more than 20 years.
Our experienced lawyers can efficiently determine which kind of case you have and what potentially liable parties you should pursue to get the best possible outcome.

We have won cases against almost every major insurance provider in the United States and have a proven track record that encourages many defendants to make generous out-of-court settlements, which saves you time and money. Our dedicated attorneys care about you and will do everything possible to get you through the process as quickly and painlessly as possible. We will fight to ensure you get the compensation you need to get back on your feet and help ensure that the punitive remedies in your case encourage the construction company to be less negligent and understand that safeguarding their employees is of the utmost importance if they wish to remain in business.
Call us today for a free consultation.

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