Work Injury – Does Your Employer Have Worker Comp

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio

How to Determine Whether or Not Your 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. More information our San Antonio Workers Comp Lawyer here
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. More information our San Antonio Work Injury Lawyer here 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 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. But 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 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.

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Personal Injury Claims: Car Accident Attorneys

This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyer

Personal Injury Claims: Car Accident Attorneys

If you have never been through a personal injury case, you’ll have questions about how much your claim is worth. Since there is no standard formula for determining how much you are entitled to, it’s important to find an experienced personal injury attorney to represent you. More about our San Antonio Car accident lawyer here

If your health insurance is through Medicare or Medicaid, your medical bills will be paid according to their policies and guidelines. However, these federal programs will have a lien on your settlement. This lien can have a significant impact on when you’ll receive your settlement funds. A lien on your settlement can delay payment to you of the settlement funds. In the cases of Medicare and Medicaid, these federal agencies are not known for quickly settling liens. It can often take weeks or months to receive an answer to questions about your lien. One way to shorten this time is to retain the services of an attorney who has experience with Medicaid and Medicare in relation to a personal injury claim.

Sometimes, it’s just difficult to find a physician that will accept Medicare or Medicaid. We can often recommend physicians who will accept this form of payment or those that will wait until after you receive the settlement funds to receive payment. In most cases, these physicians are also very experienced with car accident injuries, so you can rest assured that you’re receiving the highest level of care.

While you’re never required to use the services of a specific physician for a personal injury, your attorney’s recommendation should be carefully considered. Most physicians have worked in some capacity on a personal injury case and they alone can fully understand your injuries and recovery time. To maximize a personal injury settlement, a complete physician’s report must be filed with the court. It will list the extent of your injuries, your prognosis, whether there are any permanent disabilities, recommended future care, and whether or not you’ll be able to return to work.

Your car accident lawyer will help document the accident scene. An experienced attorney will thoroughly investigate the accident scene, collect any remaining evidence, take photographs and videos, and speak with witnesses. You want an attorney who has access to auto accident experts, such as accident reconstructionists. This specially trained auto accident expert can explain to the court all of the relevant factors relating to the accident. While most insurance companies keep experts such as these on their payroll, what your expert witness has to say about your particular accident will have an impact on the settlement offers and judgments.

It’s easy to see why you need an experienced auto accident attorney. There are simply too many factors to consider and effectively deal with to tackle it yourself. Let your attorney deal with all of this and you just concentrate on your recovery. In order to ensure your rights are protected, get a Free Consultation from our firm. We will help you learn your options, and determine the best strategy to get the fair and full compensation you and your family deserve.

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Construction Defects: Defective Appliances

This Blog was brought to you by the Brian Woods Law Firm, your San Antonio Construction Defects Lawyer

Handling a Case Involving Defective Appliances

Defective appliances in a newly constructed or renovated home can be a source of significant frustration and financial burden for homeowners. Built-in appliances such as malfunctioning dishwashers, faulty stovetops, and defective HVAC systems not only disrupt daily life but can also pose safety risks. When homeowners encounter these issues, a construction defect attorney can be instrumental in securing compensation and ensuring that responsible parties are held accountable. Here’s a detailed look at how an attorney would handle a case involving defective appliances.

Initial Consultation and Case Evaluation

The process begins with an initial consultation between the homeowner and the construction defect attorney. During this meeting, the attorney will:

Gather Information: The homeowner provides a comprehensive account of the defective appliances, including photographs, videos, and any prior communication with the builder, contractor, or appliance manufacturer.
Review Documentation: This includes construction contracts, warranty documents, purchase receipts, inspection reports, and any relevant correspondence.
Evaluate the Case: The attorney assesses the validity of the claims, the extent of the defects, and the potential for a successful outcome based on the evidence provided.

Conducting a Thorough Investigation

Once the attorney decides to take on the case, a detailed investigation is conducted to gather evidence and build a strong foundation for the claim. This involves:

Hiring Experts: The attorney collaborates with appliance experts, engineers, and home inspectors to evaluate the defects and determine their causes. These experts can provide crucial testimony about how the appliances are malfunctioning and why they are considered defective.
Inspecting the Appliances: A thorough inspection of the defective appliances is conducted to document the issues and assess their impact on the homeowner’s daily life and overall property value.
Reviewing Warranty and Compliance Documents: The attorney examines warranty terms, compliance certificates, and installation records to identify deviations from industry standards and warranty conditions.
Identifying Responsible Parties
The investigation aims to identify all parties responsible for the defective appliances. These may include:

Builders and Contractors: Those who installed the appliances and may have failed to follow proper installation procedures.
Appliance Manufacturers: Companies that produced the defective appliances.
Suppliers: Distributors who provided the appliances to the builders or contractors.
Inspectors: Professionals who may have overlooked the defects during the inspection process.
Building a Strong Case
With the evidence gathered, the attorney proceeds to build a compelling case. This includes:

Documenting Defects and Damages: Detailed records of the appliance defects, repair or replacement costs, diminished property value, and any additional expenses incurred by the homeowner.
Legal Research: Extensive research into relevant consumer protection laws, warranty laws, and similar past cases to support the claim.
Preparing Legal Documents: Drafting complaints, motions, and other necessary legal documents to initiate a lawsuit or negotiate a settlement.
Negotiation and Settlement
Many cases involving defective appliances are resolved through negotiation rather than litigation. The attorney negotiates with the responsible parties or their insurance companies to seek fair compensation for the homeowner. Compensation may cover:

Repair or Replacement Costs: To fix or replace the defective appliances.
Legal Fees: To cover the cost of legal representation.
Additional Damages: For inconvenience, loss of use, and other related expenses.

Litigation

If a fair settlement cannot be reached, the attorney may proceed to litigation. This involves:

Filing a Lawsuit: The attorney files a formal complaint in court, outlining the defects, damages, and the relief sought.
Discovery Process: Both parties exchange information and evidence, including depositions, interrogatories, and document production.
Trial: If the case goes to trial, the attorney presents the evidence, calls expert witnesses, and makes legal arguments to prove the defects and establish liability.
Resolution and Compensation
The goal of the attorney is to secure a resolution that fully compensates the homeowner for the defective appliances and their impact. This includes:

Ensuring Proper Repairs or Replacements: Advocating for repairs or replacements that meet industry standards and restore the appliances’ functionality.
Securing Financial Compensation: Obtaining compensation for repair or replacement costs, legal fees, and other damages.
Conclusion
Defective appliances can significantly disrupt a homeowner’s life, causing frustration, safety hazards, and financial losses. A construction defect attorney plays a crucial role in addressing these issues, ensuring that responsible parties are held accountable and that homeowners receive the compensation they deserve. By conducting thorough investigations, building strong cases, and negotiating or litigating effectively, construction defect attorneys help homeowners rectify defects and recover from the damages caused by faulty appliances.

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