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 claiming is really a result of natural processes and you do not have a true new (acute) injury. First of all, you should never believe a physician who is telling you that all your complaints of pain are ... Continue Reading
Texas Injury Blog
Houston Texas Blog About Accidents / Injuries
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How to Stay Safe Driving on the Interstate Next to Semi-Trucks
Preventing Big Rig Crashes and Dealing With the Accidents That Occur Semi-truck accidents are frighteningly common in Texas. The victims of big rig crashes may be able to seek compensation from the responsible parties, but they will need the assistance of a Houston truck accident attorney to ensure that the award is sufficient to cover the damages suffered. This type of help is available from the Sandoval Law Firm, PLLC. There are also some things motorists can do to avoid such accidents in the first place. Big Rig Hazards The heavy truck traffic on the roads and highways of Texas creates ... 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 these fatalities could have been avoided if drivers made better decisions. If you have lost a loved one as a result of a Houston car accident and you need some guidance on filing a wrongful death or ... Continue Reading
If I Get Injured at Work, How Do I Know If I Can File a Lawsuit Against my Employer?
If you get injured on the job, whether you are able to file a lawsuit against your employer depends on a couple of things. First, you must first be able to identify if your employer is Texas Workers’ Compensation Subscriber or, if they are Texas Non-Subscriber? Second, you have to be able to determine if you’re employer’s NEGLIGENCE caused your injury. If your employer has Texas Workers’ Compensation, then, the general rule is that you cannot file a lawsuit against your employer for any negligence that caused your injury. One of the fundamental differences between an injured worker’s rights ... Continue Reading
In a Work Injury, What Steps Should I Take to Make Sure I’m Protecting My Rights?
If you haven’t reported the work injury, call your employer now How? Send an email or leave a voicemail letting them know when you were injured! If you’ve been seriously injured at work, the best way to ensure that your rights will be protected is to report the injury and get the necessary medical attention immediately! Call and put Sandoval to work for you! Every case is different but, below are some general recommendations if you are injured on the job: REPORT THE INCIDENT! REPORT YOUR INJURIES! It does not matter how minor it may seem or if you don’t really know what type of ... Continue Reading
If I Have an “Incident” at Work, Why Is it Important to Report Immediately?
Non-Subscriber claims are set up in such way that, if you don’t report the injury within a certain timeframe, usually 24 hours, you could be denied wage and medical benefits. We all know that sometimes following an accident, you don’t always know if you’re really injured or, you don’t know how serious the injury is. We naturally try to give it some time and see if the pain or discomfort will simply go away. When you have an injury incident at work, you cannot “give it some time” because it will affect your ability to prove that your injury came about from a specific incident at work. It’s ... Continue Reading
Texas NON-SUBSCRIBER Case: What is an Adverse Benefit Determination?
An Adverse Benefit Determination after you see the IME doctor If you’ve been receiving treatment and then, suddenly, you are asked to go see a doctor for the first time, chances are, that examination is a Defense medical examination or an IME. After you see the IME doctor, you typically will receive a letter with the report informing you that, based on the good doctor’s examination, your benefits have been terminated. That letter informing you that your rights have been terminated is an Adverse Benefit Determination. It informs you that you a have a right to appeal the decision, but you have ... Continue Reading
Texas NON-SUBSCRIBER Case: What is an Independent Medical Examination (IME)?
What is an IME? If you’ve been injured working for a Texas Non-Subscriber employer, you may have received some treatment and then you’ve been asked to go see a doctor for an Independent Medical Examination or an IME. What is an IME? First of all, it’s not INDEPENDENT in any sense of the word. It’s the set-up. This is a Defense ordered and payed medical examination where essentially you are going to see a “doctor” for the first time and he is going to answer some questions asked by the insurance company. For example, whether your injury is related to the work accident or whether, at this stage ... Continue Reading
In My NON-SUBSCRIBER Case: Why Won’t the Adjuster Approve an MRI?
The truth hurts. In a nutshell, the adjuster in your case is delaying your treatment because they don’t want to have documented evidence of your injury. Approving tests that confirm that an injury is work related is not in the best interest of your employer and of the insurance company. This is also why the adjuster tells you that you cannot go see your own doctor. Well, you really can but, it will be at your expense. It’s not always possible to go see your own doctor and so an injured employee usually elects to wait for approval of the recommended tests, like an MRI. Remember that insurance ... Continue Reading
The Role Social Media Plays: Before and After a Car Accident
Almost everyone has a social media account nowadays, and there are definitely some pros and cons to social media. If you've been injured in a car accident, though, social media could prove advantageous or disadvantages depending upon the circumstances surrounding your accident. Good for Documentation Social media can actually benefit both before and after a car accident when it can be used to document the scene of an accident. One of the things that a Houston car accident lawyer will always tell you to do as soon as you possibly can after getting involved in a car accident is to take ... Continue Reading