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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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If There Was Gross Carelessness

Knowing the difference between regular negligence and gross negligence is vital. Showing gross negligence requires much higher evidence of proof, meaning that the plaintiff’s legal representation must essentially have an airtight case against the grossly negligent business owner. Regular negligence may be defined as simple carelessness or a momentary lapse of attention. Gross negligence occurs when an accident happens that could have knowingly been prevented. A construction worker using a pneumatic drill might cause injury to a fellow worker because of flying debris. This would be considered regular negligence. If that same construction worker had a known history of injuring fellow workers while working the drill and then harms a fellow worker, this would very probably be a case of gross negligence because the business owner should have taken the necessary steps to lessen the likelihood of an accident.

You will have to have a legal expert to evaluate the circumstance of the fatal work accident. In such cases – which are hard to show and require legal expertise and expertise in examining physical evidence and forming a case based on the physical evidence. A business owner may be held liable for damages far beyond the curtails of the workers’ compensation law. Let us repeat this: If a business owner manifests gross negligence or intent that leads to a fatal work injury, or in those cases where a business owner intentionally causes harm to a worker, the business owner/worker relationship is legally and fully severed. Our firm will help you make a case like this.

Dealing With The Limits of Workers’ Comp
The Texas Workers’ Comp laws and regulations work against the rights of family survivors of those who are killed in fatal work accidents. Working through the courts, examining physical evidence, and making a compelling case against liable parties is hard. However, you don’t have to do this alone. There are also cases where Texas Workers’ Comp won’t curtail your ability to sue for damages. If a business owner shows gross negligence that leads to your loved one’s death, or in those cases where a business owner intentionally causes harm to a worker, this is said that the business owner/worker relationship is held legally severed. In cases like this, which are challenging to show, this takes legal experience to look into physical evidence. A business owner may be held liable for damages beyond the curtails of the Texas workers’ comp law. While the law rewards those Texas business owners who are not grossly negligent this punishes business owners that act negligently. If they were grossly negligent, you may sue them for damages.

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Was Your Family Member A General Contractor?

Attorneys may use this case law to argue that your loved one did or did not have a working relationship because a business owner-worker relationship is defined not by contract but by instead the actual working relationship that you and your business owner have. Plainly speaking, a lawyer may indeed turn to previous legal rulings and then utilize these rulings – precedents – to determine whether a worker is a general worker, or if that person is a contractor in the eyes of the law. If your loved one was not, it may benefit your lawsuit. Many different criteria serve to determine what kind of business owner-worker relationship that you have under the law. Of course the most specific is a contract that asserts you are simply a worker of the firm. Another properly specific criterion is if a worker is doing any work services that are particular to that specific business owner’s business.

Deciding on an employment relationship is not usually that easy. Our firm may show that your lost loved one was not a worker but a contractor, meaning the immunity provided for death benefits is not always going to stand. According to precedents, your loved one was in actuality a contractor if you may answer no to most of these points:

When your loved one’s particular work was examined and critiqued at different steps of completion. For instance, when the firm examines your loved one’s work at various stages of completion along the line, then your loved one’s was a worker. But if the firm person only looks at your loved one’s own finished product, then your loved one was a contractor.
When your loved one was paid upon the completion of a given work. For instance, if as the worker your loved one was only paid upon the completion of a work project, then your loved one was a contractor. But if your loved one was paid on an hourly or annual basis, then your loved one was a worker.
When your loved one determined precisely how much time your loved one spent on a given work. For instance, if your loved one was able to devote as much time or as little time along the way as your loved one wanted to a particular work, then your loved one was a contractor. If the amount of the time your loved one devoted to a boss determines a given work then your loved one was a worker.
When your loved one worked for many different clients.
When your loved one was the one who brought his own tools. For instance, if your loved one was liable for bringing his or her own tools and equipment, your loved one was a contractor. But when the business owner provided the tools and equipment to do his job, then your loved one was a worker.

Survivor benefits for loved ones and children under Texas Workers’ Compensation law are somewhat curtailed and paltry. What they cover doesn’t begin to address your loss, and neither does this get you the justice that your lost loved one deserves. Texas workers’ comp law does provide you the curtailed possibility of some death benefits – the lost or diminished income that is paid for surviving loved ones is based on a percentage of the worker’s income. There exists a maximum cap on these benefits, and there is a minimum available for the surviving family. There also exists an allowance for funeral bills that may be awarded as well. These amounts will not give you the relief you need when you have lost a loved one in a fatal work accident.

Contact us toll-free so that our firm can show you how there are other ways to recover your damages beyond the basic state-authorized death benefits. With one of our attorneys by your side, our firm will be sure to look into every detail of your loved one’s fatal work accident. Our firm will bring to account all of those who may have contributed to your loved one’s death. Our firm will use every legal way to help ease your financial anguish, get your damages, and punish those who are liable.

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Lifting Accidents & Back Injuries
IF You Have a Workplace Back Injury Or Are Suffering From a Job Site Lifting Injury, The Work Accident Attorneys At Our Law Office Can Be Of Service.

Our wrongful death and personal attorneys have over twenty years of experience handling cases involving worksite back and lifting injuries. If you’ve been harmed while employed doing the heavy lifting for your employer, it’s very possible you may have a cause for legal action in which you can receive justice and compensation for your employer’s negligence.

Should you be considering retaining a lawyer to help you in pursuing an insurance claim or if you are considering a legal action related to your on-the-job injury, the skilled, experienced, and aggressive personal injury attorneys at our Law Office can aid you in receiving full and fair compensation for your lifting injury. Even in what many consider to be “simple” cases, retaining the services of a skilled attorney is often a good move since the first instinct of most insurance companies is to try to prove your claim lacks merit. With over twenty years of experience in handling personal injury claims concerning lifting injuries, our legal team can aid you with detailed information that can in the end help you receive full and fair compensation for your pain and suffering.

The Problem With Doing It Yourself
Many people mistakenly assume that because some work-related injuries seem simple and superficial, it follows that receiving fair compensation should be a rather simple and straightforward matter. Most people believe that if you hurt yourself while in the performance of your work, then the employer’s insurance will recompense you with little fuss. What most Texans don’t know is that this is often rarely the case. There are numerous factors that happen behind closed doors (that many people would be somewhat shocked to know) when it comes to workplace lifting injuries. The biggest shock comes when dealing with Texas workmans’ compensation insurance.

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Texas Workmans’ Compensation Insurance in Truth Protects Employers

The primary reason employers carry workers’ comp insurance is not to provide quality insurance for their employees, but to protect themselves from lawsuits brought against them by injured employees. Employees who have received back or other injuries while at work will in all likelihood be compensated for their lifting injuries and lost income through workmans’ compensation insurance, but the reality is that most compensation realized through the workers’ comp program is usually far from adequate, and usually not enough to cover the injured employee’s true losses. Just because your employer is enrolled in workman’s compensation, doesn’t mean that you can’t seek relief and truly fair compensation. The work accident attorneys at our Law Office can aid you in determining whether there is another party or other parties who may be responsible for your work-related lifting injury, and if another party or other parties are involved they may hold partial responsibility for your claim. For example, if you were injured lifting stock off of a manual pallet jack and the pallet jack is somehow faulty or poorly designed, then the manufacturer of the jack may carry partial liability for your injury and pain. In addition to your workers’ comp payout, whatever damages the manufacturer is responsible for will be added to your total compensation.

More Employers Than You Would Guess Lie About Carrying Workers’ Compensation
Because workers’ compensation insurance has such a good reputation and can truly protect employers from lawsuits, many employers who do not choose to subscribe to the program simply lie about carrying the insurance. Our Law Office has seen this ploy numerous times. Owing to our experience in working with workmans’ comp cases, we are very, very good at determining employers’ claims about belonging to this State of Texas program. In the possibility that your employer does not belong to workers’ comp, we can aid you in filing a personal injury lawsuit to ensure that you receive full and fair compensation for your lifting injuries.

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Contract Employees

Texas worker’s compensation law exempts contract employees from enjoying certain rights and privileges enjoyed by regular employees. Because of this fact, many employers believe they can shirk their employer obligations and duties by hiring what are known as “contract” workers. What this means is that if an employer deems you to be a contract worker, certain necessary conditions required to form an employer-employee relationship for legitimate workmans’ comp insurance claims are dissolved. It follows in this scenario that a contract worker who suffers an on-the-job back injury is not covered by workmans’ comp or any other employer insurance. By hiring contract employees, many employers mistakenly assume that they are then not responsible for any back injuries that happen to contract workers because they are not addressed in Texas workers’ compensation law.

These employers are deceived, however. Our Law Office has over twenty years of experience that has taught us that when dealing with workers’ compensation law and cases, we are usually able to establish that a true employer-employee relationship existed even if you were hired on as a contract employee, even if you sign a document stating that this is the case or if the employer hires you under that condition. Texas law is unclear regarding the status of a general employee, so there are a number of ways to show your relationship to be one of a regular employee. For example, if your employer withholds federal income tax and Social Security, or if you have to sign and abide by an employee handbook and take mandatory drug testing, Texas law will consider you a regular employee, no matter if you were hired as a contractor. There are many other ways to show that you may be a regular employee, and our extensive experience has taught us every aspect to prove that a traditional employer-employee relationship exists. We can cut through your employer’s terminology to hold your employer liable for your back injury or other harms. Many cases such as these are turned down by many law firms due to technicalities such as these, but by speaking to one of our work accident attorneys about your back injury, we likely may be able to show your status as a regular employee and hold your employer accountable, and/or find other third parties who may also be responsible for your lifting injuries.

Our Law Office Can Help With Cases Involving Lifting Injuries
If you’ve suffered a workplace back or lifting injury, you may be entitled to full and fair compensation for your injury. It is wise to act as soon as possible and contact a work injury attorney at our Law Office. You can call toll-free so that we can begin to build a solid case for you so you can begin to seek full and fair compensation for your lifting injury. We will perform a thorough and detailed investigation of the mishap scene and we will comb through your medical history to establish that your employer’s carelessness, recklessness, or other negligence is in fact the source of your injury. With over twenty years of experience in working these cases, we can demonstrate that your harms could have been caused by a lack of or poor training, a lack of satisfactory safety equipment, or the unavailability of a coworker to aid you in the performance of your job. These cases are never as easy as they seem on the surface.

Our Law Office has negotiated with or litigated against every major insurance corporation in the United States, and their defense attorneys and adjusters are more than familiar with our name and reputation. In many instances, they’ve offered our clients full and fair out-of-court settlements rather than fight us in a court of law. They know we are more than able to win court cases dealing with back or lifting injuries. We and our clients prefer this outcome because it saves all of us time and money and it allows our clients to begin to rebuild their lives. Should the case go to court, you should know that our Law Office work accident attorney will dedicate his or her services to do everything to ensure that you receive full and fair compensation for your injuries.

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Non-Subscriber Attorney

Have You Been Injured At Work and Your Employer Does Not Carry Workers’ Compensation? Contact a Non-Subscriber Attorney at Our Law Office, A Premier Nonsubscriber Injury Law Firm in Texas

If you’ve been injured in a workplace accident, the type and amount of compensation you will receive is directly related to whether your employer carries workers’ compensation insurance backed by Texas law, or if your employer carries traditional liability insurance.

Employers who carry workers’ comp are called subscribers, and those who do not carry workman’s compensation are called nonsubscribers. Workplace accident claims and court actions can be some of the most complex litigation our attorneys see in court.

The exact way your claim is addressed and handled is based on several issues. One of the biggest factors is whether the employer in question is a subscriber or nonsubscriber. Texas law, with very few exceptions, protects subscriber employers from lawsuits from most injured employees. Texas law admits there may be other extenuating factors that can break or reinforce the employer-employee relationship in spite of the subscriber status.

Should you suffer harm or injury in the workplace, the first thing you must do is seek immediate medical attention. Your health, and thus your quality of life and ability to provide for your loved ones, is at stake, and neglecting your health can negatively affect your recovery. Seeking medical attention is important to your lawsuit or claim since you will need official medical diagnoses and documentation. You shouldn’t worry about the price-tag for your treatment, it is likely your medical care will be covered by the compensation you are requesting. In many instances, we can help you find medical attention from a large association of medical professionals we’ve met over time. You shouldn’t worry about your financial situation here, either–they will consider your unique circumstances and finances, and sometimes, we may be able to help you find medical treatment with no up-front cost to you. Moreover, we can teach you how your time off to seek and receive medical care may be covered by workers’ comp or your employer’s insurance carrier. After you’ve received the necessary medical care, we can then begin to discuss the actions essential to finding the party or parties who are responsible for your injuries and losses.

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How to Determine Whether or Not Your Oil Industry Employer Purchased Workers’ Compensation Insurance

Texas, unlike most other states, does not make it mandatory for employers to purchase, or “subscribe” to, workers’ compensation insurance. The manner in which you pursue litigation regarding an oil industry accident depends on whether the employer subscribed to workers’ comp, or was a workers’ comp “non-subscriber” and did not purchase the insurance. The way you go about trying to obtain compensation in the event of an oil industry injury varies greatly depending on which description fits the employer in question, and the reasons why will be detailed later in this article.

It can be oftentimes difficult to determine whether or not an employer is a subscriber to workers’ comp. Many employers, after an accident occurs that results in an injury to a worker will claim it is a subscriber in order to keep from being the subject of a lawsuit filed by either an injured worker or the family member of a worker wrongfully killed in an accident. The opposite can be true as well. Some companies will feign not having workers’ comp insurance when, in fact, they really do. They do so because they are trying to avoid seeing their premiums raised after an accident. The oilfield accident attorneys with our Law Office have been practicing personal injury law and wrongful death law for the last two decades. During that time, we have seen many, many instances where companies have attempted this kind of blatant deception. No matter what the employer chooses to tell you, we know how to correctly determine the status of a company’s worker’s compensation insurance. We can help you, no matter if the company was a subscriber or a non-subscriber.

Benefits of Workers’ Compensation Insurance
When an employer purchases workers’ compensation insurance, it buys more than just insurance. It also purchases protection against legal action taken by employees who are injured on the job. If an employer has legitimate workers’ comp coverage, then an injured employee cannot sue that company. That employee must file an insurance claim through the correct channels through his or her workers’ compensation insurance provider.

There are many instances, however, where an insurance carrier’s idea of fair compensation for lost wages, pain and suffering, and medical expenses is one that does not come close to adequately compensating an injury victim for the actual expenses that have been accumulated by that victim. Because our oilfield accident lawyers have been dealing with this type of litigation for 20 years, we know that there can often be other liable parties other than the employer in an oil industry accident. Other potentially responsible parties include the owner of the property where the oil is being drilled, the person who owns the oil rig or oil platform, and the vendors responsible for providing any potentially faulty machinery (such as the steel lingers that are inserted into earthen tunnels that have been drilled). Either one or a combination of more than one, of these parties, can be found to have either negligently contributed to an oil industry injury or to have caused it outright through negligence. It is very commonplace for more than one party to have played some kind of role in an oilfield accident, and the lawyers with our Law Office have extensive experience in investigating accident scenes in order to identify all the parties that are liable.

You might be 100 percent sure that your employer subscribed to workers’ compensation insurance, but it can still be worth your time to call us toll-free for a confidential and free consultation. We can tell you whether or not the employer’s workers’ comp policy is sufficiently meeting your needs, and whether or not there may be another party or parties that you can take legal action against in order to try and obtain fair compensation.

Workers’ Comp Claim Exceptions
There is only one exception where the family of a deceased accident victim can sue a subscribing employer. That is when the employer’s gross negligence was the reason for the accident taking place that caused the wrongful death. It can be much harder to prove gross negligence, however, than standard negligence. Gross negligence is, in a nutshell, when an employer habitually created an unsafe work environment and was aware that an accident would likely happen that would result in either an injury or death. Standard negligence, on the other hand, is the temporary lack of focus or reason of an employee that led to an accident. A subscribing company cannot be successfully sued unless gross negligence can be proven. The oilfield accident attorneys with our Law Office are adept at building rock-solid cases against employers that are grossly negligent in order for the families of deceased workers can obtain the restitution they have coming to them.

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Oil-Industry Companies that are Workers’ Comp Non-Subscribers

The victim, or plaintiff, will more than likely have to file a lawsuit against a non-subscriber in order to obtain restitution after an oilfield injury. The first thing the victim must do is file a claim with the employer that details both the injury and the extent of the monetary damages the victim expects to receive in restitution. The employer then has the choice of either paying you what you demand or attempting to negotiate a settlement for a lesser amount. Most of the time, however, a non-subscriber will choose neither option. When that happens, your only recourse in securing the fair compensation you have coming to you is by pursuing legal action by filing a lawsuit.

A plaintiff can get a substantially higher amount of restitution via a lawsuit than he or she might be able to obtain through a workers’ compensation claim. Also, the plaintiff needs to only prove standard negligence – the aforementioned temporary, solitary error in judgment or the duty to provide a safe workplace – and doing so is fairly simple. When the Texas Legislature enacted workers’ comp in 1992, it did so with the purpose of trying to shield companies from frivolous employee lawsuits. It does not require employers to buy the insurance, but it very strongly encourages them to do so. As a result, non-subscribers are “punished,” so to speak, by allowing not only employee lawsuits but requiring that those employees need only prove standard negligence.

There can be extremely large amounts of money at stake, however, and employers will employ a wide variety of tactics – both legal and illegal – in order to keep from having to pay a claim. Through two decades of dealing with workers’ comp claims, the oilfield accident attorneys with our Law Office know the tricks that non-subscribing companies can try to pull. We can protect your right to pursue compensation by putting our experience and track record of success to use for you.

As we stated previously, an injured worker, or plaintiff, has to bear the burden of proof in order to win a personal injury case, and therefore has to be able to provide a convincing argument that will prove the negligence of the employer led to the accident that caused injury to an employee. The plaintiff has to establish that the employer should be held responsible for the pain and suffering, medical bills, lost wages, and lost potential earnings due to lifelong disabilities that the plaintiff has incurred. The standard of negligence that must be proven in a case regarding a non-subscriber is quite low, but it can still be very difficult for inexperienced attorneys and nearly impossible for those who have no legal background. But our experience enables us to establish standard negligence in a relatively easy fashion.

Hurdles Plaintiffs Must Overcome in Winning a Case Against a Non-Subscriber
Again, the purpose behind workers’ comp is to strongly encourage companies to purchase insurance. As a result, those that choose not to are punished for their decision by being afforded only one true defense against personal injury or wrongful death lawsuits – this defense, known as the “sole proximate cause” defense, means that an employer will not be held liable for any injuries suffered by their employees if it can be proven that the employee was 100 percent responsible for the accident that caused that injury. In this instance, a case involving a non-subscriber can get very personal. The employer will often defame the employee’s character, painting a picture of that employee as an incompetent and careless worker whose own negligence resulted in his or her injuries. Since the defense has no other option at its disposal, you can be virtually certain that the opposition’s attorneys will attack your character and make you look incompetent.

In addition, even though a non-subscriber chose not to buy workers’ comp coverage, that doesn’t mean it is without a very expensive insurance policy. Many companies choose to buy private insurance rather than workers’ comp, which can be even more expensive. Millions of dollars can be at stake in a case involving a non-subscriber, so the insurance company will have aggressive adjusters on the job who will do whatever it takes to either reduce the amount of restitution you obtain or simply flat-out deny the claim. These adjusters aren’t anything like the ones you may encounter after a run-of-the-mill fender-bender. These people are highly trained and highly paid professionals, and they could not care less about your injury, no matter how severe. In fact, they are often paid handsome bonuses for denying claims, so they have a strong motivation to do the same to yours. Shortly after an accident, they will likely attempt to pelt you with a barrage of confusing questions that are designed to trip you up and get you to admit responsibility for the accident. This way, the insurance company can potentially get away without having to pay you a dime. Never talk to an insurance adjuster without an experienced attorney by your side who will protect your rights. Also, the insurance company will also be represented by very formidable attorneys who love it when an injury victim decides to go it alone and represent himself or herself. They love it because they know they can easily out-negotiate you and either give you a relative pittance or leave you with no compensation at all.

These sharks only respect an opposing attorney that has a track record of success. Our Law Office has taken on nearly every major insurance carrier in the United States and defeated it. Because insurers know us and respect us, they will often offer our clients fair settlements rather than take the risk of losing a great deal more money by tangling with our attorneys in a trial. To have any chance at getting the restitution you have coming, you simply have to have a seasoned and skilled oilfield accident attorney working on your side.

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Proving the Relationship between Employer and Employee

Non-subscribing employers are under no obligation to provide a safe workplace to temporary workers or contract workers in the eyes of the law in Texas. Those workers are responsible for their own workplace safety. So an injured worker who falls under one of those categories cannot sue the non-subscribing company. However, there are many instances where a company will try and label its workers as contractors in order to avoid liability in the event of a workplace accident that results in an accident. This happens quite a bit in the oil industry, as many oilfield workers are considered contractors. Just because a company calls you a contractor doesn’t mean that a court of law will view you in that same manner. We have encountered myriad instances in our 20 years of practice where we have been able to establish that an employer-employee relationship did, in fact, exist by simply asking the right questions. As a result, we were able to help our clients secure just compensation. If you meet any of these following standards, then you will be seen as an employee in the eyes of the law.

The employer withholds taxes or social security from your paycheck.
The employer supplied you with the equipment that was essential for you to do your job.
The employer expected to you maintain a specific work schedule that is established.
The employer either inspected, oversaw, or managed your work on a regular basis, either by the employer, or the employee’s manager or foreman.
The employer asked you to either perform a task sign a document that in some way limited your rights. For instance, you were asked to take a drug test or to sign a document stating that you had read, and agreed to comply with, an employee handbook.
The employer employed you for an undetermined period of time, and not just for a certain job.
The employer paid you on either a salary basis or an hourly basis, and not on a job-by-job basis.
The oilfield accident attorneys with our Law Office can launch a detailed, thorough investigation in order to prove that you were, indeed, an employee and not a contract worker. We can procure pay stubs, interview fellow workers, and thoroughly review contracts in order to establish that you were an employee when injured.

How We Can Help You
The attorneys with our Law Office can help you or your family, no matter how your injury or the wrongful death of your loved one took place in an oil industry accident. We will be passionate and dedicated to working on your case, and work tirelessly in order that you get the maximum amount of restitution that you have coming to you.

It does not matter whether the accident was caused by a subscriber or a non-subscriber or by one or more third parties. Call us as soon as you can toll-free for a confidential and free consultation. We will go over the specific circumstances of your case and tell you how we will be able to help you.

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