If you work for anyone outside of the state or federal government, you have about a 1 in 4 chance that you work for a Texas Non-Subscriber Employer. The industries with highest Non-Subscriber rates include healthcare, educational services, wholesale and retail, trade, transportation, arts, entertainment, accommodation and food services. If you work for the usual large grocery chains, retailers, ... Continue Reading
If I Suffer a Workplace Injury, Who Can I make a Claim Against for my Injuries, Lost Wages and Medical Treatment?
Workplace Injury Cases on some jobsites can be complicated. The bigger the job, the more likely you have multiple parties working at the site. If you suffer a personal injury while at a jobsite, determining whether you are able to file a lawsuit depends on a on a few things. First, you have to figure out who could potentially be responsible for causing the incident that caused your injury. ... Continue Reading
How Long Does it Take to Resolve my Work Injury Case?
As much as every Texas Work Injury Lawyer would love to be able to give a straight answer, how long a case takes to resolve really depends on several factors. Some of these factors include the seriousness of the injuries, the availability of witnesses and evidence to prove a case, how complex the legal issues are and, where the case can ultimately be filed and tried. Recovering from the work ... Continue Reading
Why Does my Work Injury Case Have to Go to Arbitration?
At the time of hiring or, when a new insurance policy is purchased, Texas Non-Subscriber Employers require employees to sign an Arbitration Agreement. That arbitration agreement requires that any disputes arising out of the employment, between employer and employee, be submitted to arbitration for resolution of the dispute. This agreement applies to any dispute arising out of an on the job injury. ... Continue Reading
Who is at Fault? Get Exemplary (Punitive) Damages in Texas Commercial Truck Accident
Were you recently injured in an accident involving a commercial truck where the driver was negligent? You have the right to demand a settlement from the driver or their company if you can show that the driver’s actions rise to the level of being egregious (Gross Negligence, Fraud or Malice). If you were not the cause of the accident, you may well be entitled to exemplary or punitive damages, as ... Continue Reading
Should I Go Back to Work After Only One Visit to the Doctor?
If you get injured at work and you’re sent to the first doctor’s visit but, the doctor does little to determine how injured you are and, you’re sent back to work, should you go back? In short, if you want to keep your benefits, you must follow the recommendations of the physician that you saw even though he may have your employers’ and the insurance’s interests in mind instead of yours, as an ... Continue Reading
What Is an Employment Benefit Plan or a Summary Plan Description?
ERISA (Employee Retirement Income and Security Act of 1974) is the federal law that allows Texas Employers to provide coverage to injured workers under a WELFARE PLAN. In a nutshell, instead of providing injured workers coverage for medical benefits and lost pay under Texas Workers’ Compensation Laws, Texas Employers that adopt ERISA Welfare Benefit Plans provide coverage to injured workers under ... Continue Reading
I Could Work Without Pain Before My Work Accident, How Can my Injury Be Pre-Existing?
Pre-existing conditions in work injury cases Work injuries can happen in variety of ways. Because our bodies change through the natural process of aging, employers and their insurance companies rely on test results showing degeneration (age-related changes) to argue that your injury is Pre-Existing. The can use age-related changes seen on X-rays or MRIs to argue that any work injury you are ... Continue Reading
Why Houston is Nationally Ranked in the Top 3 for Fatal Car Accidents
Although we call them car accidents, the truth is most fatal car accidents are no accident at all. They’re “incidents” that could have been avoided had the responsible party not acted negligently and followed the rules of the road! Houston ranks in the top 3 for fatal car accidents in the United States. There are several reasons for why Houston ranks so high on the list. Unfortunately, many of ... Continue Reading
