Work Accidents – A Word About Workers’ Compensation
This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio
Work Accidents – A Word About Workers’ Compensation
If your employer has workers’ comp, you will need to inform your company immediately after the workplace incident. By law, you have thirty days to report the accident and your injury, but if you delay, many employers will try to deny or minimize your benefits. It is in your best interest to report your medical care as soon as you can. Texas law protects subscribers to workers’ compensation by giving them immunity, with strict exceptions, to lawsuits by employees who’ve suffered an injury or loss in the workplace. More information our San Antonio Workers Comp Lawyer here
Employees who’ve been injured due to outrageous carelessness or gross negligence are able to file a personal injury claim, and if the accident was fatal, the immediate family members of the deceased can file a wrongful death claim. Also, in many workplace accidents a third party, such as a contractor, vendor, or supplier may have partial or complete liability for the mishap that caused your injury or loss. The attorneys at our Law Office can help you disentangle the liability of two or more parties that are responsible for your pain and suffering. More information our San Antonio Work Injury Lawyer here
What if My Employer Doesn’t Carry Workers’ Compensation and is a Non Subscriber?
Nonsubscribers are those employers who do not buy state-supported workmans’ compensation insurance. The procedures for seeking relief and filing claims are vitally different than seeking compensation and filing claims under workers’ comp. When you deal with a nonsubscriber, you are in for an experience that can be very expensive, time-consuming, and completely frustrating.
The main difference between a subscriber and nonsubscriber claims is that a nonsubscriber employee who has been injured in a workplace accident is that the injured worker has much more legal freedom to initiate a lawsuit against his or her careless or negligent employer for his or her harms and losses. With subscriber claims, most injured employees deal with workers’ compensation administrative bureaucracies and bureaucrats, and as a result, they are dealing with the force of state government. With nonsubscriber claims, however, most injured or harmed workers find themselves dealing with the Texas judicial system and Texas civil law. Because these claims tend to find their way to the courts, it is easier for victims of workplace injuries to seek relief since they are not fighting against government-supported employers, but instead, they are up against negligent employers who’ve failed to provide safe and secure workplaces. Nevertheless, a lawsuit against a nonsubscriber employer is an extremely difficult undertaking.
Though an injured worker of a nonsubscriber employer has more workplace rights than the others, it doesn’t mean they should try to represent themselves when pursuing legal action or settlement. The law and regulatory regime in place are far too complicated to understand for those who have no experience of it and who do not work with it on a daily basis, so it is necessary to secure the services of a nonsubscriber attorney to help you navigate your way through the dangerous shoals of nonsubscriber workplace injury law. The nonsubscriber specialist attorneys at our Law Office can help you seek, negotiate or win the full and fair compensation that is rightfully yours.
If your employer is a nonsubscriber and not enrolled in workers’ comp, you can bring a personal injury claim to seek compensation for your injuries and losses for:
Lost wages while recuperating and recovering for your injuries while hospitalized or otherwise on leave due to doctor’s orders
Loss of future wages and earning potential due to your accident and long-term disability
Reimbursement for medical bills and expenses
Property loss due to the workplace incident
Pain, suffering, and emotional distress
Texas law grants nonsubscriber employers only one real defense against liability for their negligence, and this legal defense is known as proximate cause. In order to prove proximate cause, your employer must demonstrate that you are solely and wholly responsible for your workplace accident. After your worksite mishap, your employer’s legal defense team will immediately begin to build a case against you in order to prove that you were in fact the negligent party and relieve your employer of any liability. For instance, if you have injuries that resulted from crushing your hand, your employer will try to show that you should have been wearing work-gloves for protection and the accident is your fault alone. Our Law Office nonsubscriber attorneys have the skill and experience to show a relationship between your blameless actions and any harm by demonstrating that your employer did not exercise due care in providing you the right safety training and equipment necessary for you to perform your job with the utmost care. We can also show that other third parties may be negligent in providing for workplace safety, and we will accordingly hold them accountable for their carelessness and recklessness.
In order to prove a nonsubscriber liable for your workplace injury and loss, it can only be done by engaging in difficult and complex legal work in which only the most experienced personal injury or wrongful death attorneys can be successful. We know how to establish to a judge and jury that your employer was careless in providing a safe work environment and that your injury is a result of employer negligence, and that you are truly innocent. We are dedicated to aggressively aiding you in receiving the compensation you deserve, regardless if your employer subscribes to workers’ comp or not.
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Car Accident Lawyer | Head-On Accident in Texas
This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyer
Car Accident Lawyer | Head-On Accident in Texas
Head-on collisions can be quite destructive, sometimes inflicting serious injury, wrongful death, and even totaling your car. For this reason, auto accidents of this nature need to be met with an immediate response from an attorney who can work to recover compensation for you. Whether your accident was caused by a negligent driver who was texting while driving or a defective auto part that prevented you from being able to brake on time, having a car accident lawyer on your side could make a world of difference in the outcome of your case. More about our San Antonio Car accident lawyer here
Head-on collisions are not uncommon, and the aftermath of these incidents can be difficult to handle. Accidents of this nature can happen when a car enters a lane on the opposite side of the street, when a car enters a freeway, when a car enters a driveway, or when a car enters a one-way street from the wrong direction. Any of these instances could easily result in a head-on collision with another vehicle, and when you are the driver of that vehicle you stand to be seriously injured. You will need to take swift action in obtaining an attorney to address the legal aspects of your case and work to ensure that you are provided with the compensation you need to fully recover from any injury that may have been incurred during an accident of this nature.
Head-On Collisions
You should not wait to involve a legal professional in your case. Call an attorney as soon as possible if you were injured in a head-on collision for which you are not at fault. Whether the accident was a single-vehicle collision that resulted from a defective or malfunctioning car product or it was a multi-vehicle collision that was caused when another driver rammed into the front of your vehicle, we are here to help. At our Law Group, you will find a team of professionals who are experienced in all matters of auto accident law, from the most complex to the most minor of cases. We believe that all individuals deserve legal representation if they were injured in an automobile accident of any sort. Therefore, we have made our services available to residents throughout the area, and we charge nothing to meet and discuss your case. You won’t pay a dime unless we are successful in recovering compensation for your case.
For the past decade, our firm has been serving Texas in all car-related accidents. No matter what the circumstances of your case may be, if you were wrongfully injured in an accident that you did not cause, then we would like to help. There are very specific legal actions that can be taken in the event of an auto accident in Texas, and we know how to employ these actions in a way that will yield the most positive results for you. With only one phone call to our firm, you can begin to receive the steadfast legal representation that you need.
Do not wait to contact a head-on collision attorney about your case today.
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Call Shaw if you or a family member were injured in an accident
Best Car Accident Lawyer
This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyer San Antonio
Best Car Accident Lawyer
The best car accident lawyer reminds us that there are different causes of car accidents. The dictionary defines accident as “an unexpected and undesirable event, a mishap unforeseen and without apparent cause.” Strictly speaking, most accidents are not accidents at all: they are collisions that could and should have been avoided. More about our Car Accident Lawyer here
And even with all the advancements in vehicle safety technology, the number of people killed in auto accidents continues to rise. Close to 1.2 million people die each year on the world’s roads, and that number is expected to rise by 65 percent by the year 2020, says a report by WHO and the World Bank. What’s causing all of these accidents, which are, according to the National Highway Traffic Safety Administration (NHTSA), the leading cause of death among people aged 3 to 33, should then be of great interest to all of us drivers out there. More about our Car Accident Injury Attorney here
The National Highway Traffic Safety Administration (NHTSA) dated December 2008 reported that for the first 10 months of 2008, traffic deaths on American roads dropped by 10% or 31,110 deaths, compared to the same period in 1997. Although the decline has been received favorably, it is still a large fatality rate and tragic loss to the surviving family and loved ones. The number of deaths on the roads have decline significantly since the NHTSA took over the task of reporting road fatalities in 2019, when there were more than 50,000 deaths in that year. The figure peaked in 2019 with 54,589 deaths.
Car Accident Causes
While the causes of car accidents vary widely, a significant number of them can be attributed to driver negligence. Some of the common ways driver negligence can cause car accidents are:
• Driving inappropriately for inclement weather
• Driving inappropriately for road conditions
• Inattentive driver
• Sleepy driver
• Improperly maintained vehicle
• Drunk driver
• Reckless driver
Accidents can also be caused by faulty equipment, road hazards, and factors outside of or in addition to driver error.
Traditionally, the Top 2 road deaths in the United States are associated with not wearing seat belt and driving under the influence of alcohol. NHTSA estimated that in 2007, 15,147 lives were saved by the use of seat belts. Stricter enforcement of seat belts in many states has also been a contributing factor towards lower fatality rates. Alcohol impaired driving that forms one third of road accident deaths have been one of the more difficult issue to tackle because most drivers do not plan ahead when it comes to having the night out in town.
The best car accident lawyer can be able to help the victims of car accidents who may be eligible to receive compensation for their past and future medical expenses, lost wages, decreased earning capacity, and pain and suffering. If you or a loved one has been injured or killed in a car accident, you may contact the best accident lawyer who will answer all your questions, examine your case thoroughly, and make sure you get any compensation you may be entitled to.