Work Injury Blog

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 it’s sometimes commonly known. A consultation with a Houston Truck Accident Attorney can better inform you of your options for receiving punitive damages as part of your settlement. What Are Exemplary or… 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 injured worker.  If you are hurt and you are concerned that you might injury yourself more if you go back to work, you need to make sure you follow… 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 ERISA and not Texas Worker’s Compensation programs. TEXAS EMPLOYERS THAT PROVIDED INJURY COVERAGE TO EMPLOYEES UNDER AN ERISA PLAN ARE KNOWN AS TEXAS NON-SUBSCRIBERS. If an injured worker is being provided benefits under an ERISA plan, they may be dealing with… Continue Reading

I COULD WORK WITHOUT PAIN BEFORE MY WORK ACCIDENT, HOW CAN MY INJURY BE PRE-EXISTING?

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 related to pre-existing conditions. If he tells you… Continue Reading

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 special… Continue Reading