Workers’ Comp Gross Negligence Lawsuits and Third-Party Civil Action

Workers’ Comp Gross Negligence Lawsuits and Third-Party Civil Action

Employers that subscribe to workers’ comp insurance get far more than just pool coverage and lower benefit payments. They can be all but “Teflon-coated” when it comes to becoming a defendant in a civil injury lawsuit. But there is one significant exception.

If an employer has committed gross negligence and if it led to the wrongful death of your loved one, you can sue the employer/worker’s comp subscriber. But proving gross negligence, even under ideal circumstances, and unless you have overwhelming proof, can be very difficult. So whichever workers’ comp participating insurance company is responsible for negotiating a settlement, again – with benefit caps, the odds are still against victim’s survivors that they will receive the equitable compensation they rightfully seek.

If the world was fair, insurance providers would be sensitive to the legitimate needs of injured parties, and construction accident victims would receive fair compensation for all medical bills, lost salary, pain and suffering, and disability, not to mention the additional benefits borne from a wrongful death. But these insurance companies who participate in workers’ comp resist payment, contrary to the benevolent tones of their advertising and public relations’ campaigns: even the facts send an entirely different message. So it’s often necessary for surviving family members to file a gross negligence lawsuit against the employer in order to recover just damages.

Insurance companies – including those that fund workers’ comp – are in business to generate profits. Many times this “prime directive” comes at the expense of helping people with legitimate claims against their policyholders. Many insurance companies are categorically known for trying to avoid fairly compensating injured construction workers each and every year in Texas. Insurers who participate in the state’s workers’ comp insurance pool are just doing what they are always doing. They’re just doing it with the permission of the state legislature.

There actually two possible avenues to receiving injury compensation when workers’ comp is the first resort. One is in the case of construction worker fatality which we’ve just covered; The other allows the injured employee to file a suit against someone other than the subscribing employer, known as a third-party. In many cases, someone other than (or in addition to) the employer may have done something negligent to cause the injury suffered by a construction worker on the job site. If a faulty piece of machinery caused grievous wounds, then the manufacturer may be held liable through a defective product lawsuit. If the owner of the property, or the developer, did not provide safe working conditions, then he or she could be a target-defendant. If a contractor or another employee who was allowed on the job site negligently caused the injury, then they too could be legally blamed.

In all of these scenarios, you can sue the responsible third party or parties, even if you can’t bring suit against your workers’ comp subscribing employer. And since any third party is not your employer, workers’ comp restrictions do not apply.

Experience and the ability to properly investigate not only the accident scene but the roles all of these third parties played in a construction accident is very important in determining all of the parties responsible in order to make them pay for the injuries they caused. A thorough and skillful construction accident lawyer can fully investigate the accident scene, and quickly: then develop the proper strategy for your construction injury liability case that offers the best opportunity to win compensation in a complex Texas work-related civil action involving workers’ compensation, a one third-party, or a combination of both categories.

The experienced construction accident lawyers with our Law Firm help injured construction workers deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help you receive the compensation you deserve. Put our experience to work for you. We can tell you your rights, how to proceed with your claim, how much compensation you can secure and aggressively represent your case or claim to its final resolution: be it through successful negotiations or a favorable verdict in civil court.

Call our Law Firm now at 1(800) 862-1260 (toll-free), for a free consultation and find out how we can help you.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas

Car Accident Attorneys – Distracted Driving

Accidents Due to Distracted Driving

Personal Injury Lawyers » Accidents Due to Distracted Driving

Have You Been Injured in an Accident With a Driver on Their Cell Phone, Texting or Otherwise Distracted?

The number of advertisements that exist nowadays that warn of the dangers of texting and driving cannot be overstated. It is a real threat on the roads today considering the rampant use of text messaging as a means of communication between adolescents and adults alike. Driving through school zones and being caught mid-text can cost you fines of $200.00. This is all in response to the proliferation of accidents that occur because of the fact that one of the parties was texting while operating a motor vehicle. You cannot read a book while driving, which begs the question- how could you read a text? This article will discuss the current regulations against texting while driving in the State of Texas in greater depth. You may be surprised to learn that while Texas does have some rules against this, they have not put a ban on it entirely.car accident lawyers

What are the Current Laws Against Texting in Texas?

The current laws against texting in the state of Texas are briefly discussed below:

Any driver that is under the age of 18 is prohibited to use any wireless communication devices while driving a car.

If you have only a learner’s permit you cannot use a handheld cellular telephone during your first 6 months of driving.

School bus drivers cannot use cellular telephones while driving buses if there are children present.

Drivers may not use handheld cell phones while they are in school crossing zones.

Specific cities in Texas that have taken matters into their own hands and enacted local distracted driving laws are: Austin, Amarillo, El Paso, The Canyon, Stephenville, San Antonio, Galveston, Missouri City, and Dallas.

What is the Progression of the Laws Against Texting in Texas?

In past years, the then Governor Rick Perry opted to veto the legislature’s proposition to ban text messaging for all of the drivers on the road. This is a cause for concern because of the fact that a lot of accidents that occur on Texas roads today happen because of inattentive drivers who are more concerned with communicating via text on their smartphone than paying attention to the road and other vehicles.

A past news article explained that the entire legislature did not meet in 2012 to return in the year 2013. Shockingly, at that time, Texas was one of only eleven states that did not have a ban on text messaging imposed on every driver on the road. When Perry explained the reasoning behind his decision to refuse to implement the ban he stated that he believed the law to be some form of an effort to try to micromanage the behavior of adults. However, what about the laws directed specifically at teenagers? This has spurred some debate as to whether the age of the driver may play a pivotal role in what determines whether or not the ban should be imposed. In addition, does it not seem difficult to enforce a law that is directed at age rather than a blanket rule?

Do you have a legal issue or question? Call us now.

Perry vetoed this law on June 17th of 2011. Had he decided in the alternative it would have been in effect by September of 2011. Moreover, Perry stated that the key to persuading drivers of all ages to quit texting while operating motor vehicles was to inform and educate them on the potential dangers of this activity when he made his veto statement. Perry was mid-campaign during this statement as a United States presidential candidate.auto accident law - distracted driving

Finally, in 2017, the Texas Legislature passed a statewide ban on using a wireless communications device for electronic messaging while operating a motor vehicle. Texting, as well as reading or writing email, is prohibited while driving in Texas. … If you must make a phone call or send a text, pull over.

If you or a loved one has been injured because of a distracted driver that was texting and inattentive, the attorneys at our law office can offer experienced legal counsel that can aid you in making sure that you recover for your loss. This is a developing area of the law and our attorneys stay on top of any developments in an effort to make sure we can provide you with the better legal representation possible. Contact us.

Motorcycle Accident Attorneys – Defective Products

Motorcycle Accident Attorneys – Personal Injury Lawyers

Motorcycles are a fun and exciting mode of transportation that have become increasingly popular over the last decade. Riders enjoy the liberating feeling of riding a bike on remote highways and appreciate the convenience of owning a vehicle that has comparatively lower gasoline costs. However, it should come as no surprise to any rider that motorcycle riding does have a higher risk of injury and accident. Most motorcyclists take safety courses, respect the road, and practice safe driving to limit their risk of being involved in an accident.motorcycle accident

Unfortunately, there are times when a rider goes down or is injured, not by his own riding mistake, but due to a faulty product or part on his bike. Manufacturers of motorcycle parts and frames have an obligation to their consumers to produce safe, working products that do not pose any potential risk for injury. If it is discovered that a certain item may be harmful to consumers, manufacturing companies must take the responsibility to inform consumers through proper labeling and, if necessary, product recalls.

If you or someone you know has been injured because of a defective motorcycle design or part, you may be able to file a claim against the manufacturing company. Laws surrounding product liability can be complicated, so it is best to seek legal advice to learn about the rights that you have.

In a product liability claim, it is common that the plaintiff must prove the following:

The product was, in fact, defective.
The defect existed prior to the manufacturer’s release.
The defect caused your damages.
The product contained defective parts.
The product was not properly labeled to warn of the harm associated with the use of the product.

If you have been seriously injured in a motorcycle accident due to a defective part or design, you need to hire an experienced motorcycle injury attorney to protect your rights.

At our firm, we have experienced and accomplished personal injury lawyers handling motorcycle injury cases for clients in Texas. Call today for your free consultation with one of our trusted attorneys.

Our firm has been awarded the highest ranking a law firm can be awarded, signifying that the lawyers have reached the best heights of professional excellence and are recognized for the highest levels of skill and integrity.

Injured By Another Motorist While Riding Your Bike

Injured by another motorist while riding your bike?

There are many strong arguments for using a bicycle as your daily form of transportation, including the avoidance of high gas prices, cutting down on one’s impact on the environment, and creating a more healthy lifestyle. Bicycle enthusiasts can be seen on our roads in every community and on every day, but sadly they bear an increased risk of significant injury because of the negligence of other drivers on the road. personal injury attorneys - bike accident lawyers
Larger vehicles, for obvious reasons, provide a much greater safety barrier against road hazards and accidents than is afforded to bicyclists. Even well-trained and observant bike riders can be subjected to life-changing injuries when a careless or distracted driver hits them. If you or a loved one has been impacted by the negligence of another driver while riding a bicycle, help is available to you from a personal injury lawyer. More information from our accident attorneys here

Bicycle accidents can occur for a variety of reasons. Other motorists are notorious for their lack of respect and attention to smaller vehicles and pedestrians and such behavior as this can lead to injury in a flash:

Following too close to a cyclist or misjudging distance
Failure to check mirrors and blind spots
Ignoring traffic signals and stop signs
Driving too fast for weather conditions
Driving recklessly or aggressively
Driving while distracted by cell phones, radio and passengers

Bicycle Accident Attorney

Why let the negligence of another driver put you into physical and financial peril? You have strong legal rights and may pursue damages through a civil action, and our attorneys are ready to help you with that important endeavor. Backed by a team with four decades of combined experience, our firm is dedicated to success, competent representation, and respectful client care.

Contact a Bicycle Accident Attorney without delay for exemplary legal counsel.