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Houston Personal Injury Law Blog

3 things to know about construction accident claims

Construction workers face serious risks while they are on the jobsite. These risks can occur at any given second and they can come from a host of causes. Power tools, scaffolding, heavy equipment and other items are hazards that might lead to serious injuries. Even the most careful of construction workers can become injured on the job. You can seek compensation for the injuries you suffered in the construction accident. Consider these three points.

Traumatic brain injuries suffered at work can end your career

Thousands of people are injured at work every year in Texas. Many times, the injuries are obvious: a broken arm, a sprained ankle, or a serious facial contusion. In cases where a worker suffers a traumatic brain injury, however, the damage isn't always as obvious.

People may fail to realize when they've suffered a traumatic brain injury (TBI) because there are no overt and immediate signs of the damage done. Over time, however, the symptoms of a traumatic brain injury can develop, which can leave the victim unable to work. An attorney can help protect those with work-related TBIs.

What to do if you're injured on the job in Texas

There are some well-established industries in the state of Texas that pose substantial risk to their employees, including the energy industry and commercial trucking transport, among others. Because the state of Texas is the only state that doesn't require private employers to carry and contribute to workers' compensation insurance plans, there is the possibility that an injured worker could face steep medical bills while having little or no insurance coverage to offset the expense.

Whether your employer carries workers' compensation insurance or not, if you or someone you love is injured on the job in Texas, you should contact an attorney as soon as possible.

Maritime law: Maintenance and cure

As a seaman or an offshore oilrig worker, you are entitled to different compensation benefits under maritime laws. The Jones Act not only allows workers to sue for an on-the-job injury; it also requires payments for maintenance and cure.

What is maintenance?

Maintenance covers everyday living expenses. You will receive a stipend, from your employer, to cover the cost of living until you are able to return to work, have recovered or treatment is no longer necessary. These expenses can include:

Will Oklahoma Supreme Court Ruling Affect Work Injury Claims in Texas?

Up until recently, the only two states that allowed private employers to "opt out" of a state-run workers' compensation system were Texas and Oklahoma.

The Oklahoma Supreme Court recently struck down part of that state's workers' comp law, and now Texas is the only state with an opt-out provision.

My medical device is recalled, now what?

Having a life-saving medical device or one that highly improves your quality of life, such as a pacemaker, implant or prosthetic, can be frightening when that product is recalled. We understand you want to know you can trust that the device will function properly and will be safe for you. Unfortunately, that is not always the case, and sometimes the manufacturer or U.S. Food and Drug Administration (FDA) will recall a medical device because it may have a problem that could injure or kill you.

When you find out your medical device is recalled, is it time to panic? Not necessarily. Here are 4 things you should know to make sure your safety and wellbeing are a top priority during this uncertain time.

Long-Time Adversaries of Labor Unions Oppose New OSHA Rule

It's no secret that working men and women are often up against very powerful forces that prove to be more interested in protecting their bottom lines than helping and protecting workers.

Consider the recent complaint filed by a number of high-power groups seeking to block a new recordkeeping rule issued by OSHA.

The industry groups -- which are frequent adversaries of labor unions -- say an anti-retaliation rule should not apply.

Multi-vehicle wreck causes deaths, catastrophic injuries

A Texas community was left reeling after four people were killed in a car accident. The victims were all members of the same family and consisted of a father and his three sons. Three others -- also members of the family -- suffered what appeared to be catastrophic injuries.

The family's 17-year-old son -- one of the fatality victims -- was behind the wheel of the family's van at the time of the wreck. He had slowed the vehicle down as a car in front of him turned off of the road into a residential area. Another car behind him possibly failed to notice the slowed vehicle or did not react in a timely manner and rear-ended the family's van. At that point, the van was thrust into the path of an oncoming 18-wheeler, which then hit the van.

Possibly impaired driver blamed for deadly construction accident

Many Texas drivers complain about ongoing road work projects, but few pause to consider the dangers that road workers face on a daily basis. Construction work in and of itself is a profession fraught with danger, but it can be far more so when the construction site is near cars traveling at high rates of speed. When a worker is injured or killed in construction accident because of a reckless driver, he or she might be able to recover damages in addition to workers' compensation.

A reckless driver was apparently responsible for a recent accident that killed a construction worker. A section of freeway was sectioned off from passing traffic while workers carried out repairs on a damaged concrete wall. Everything was apparently going well until a driver veered out of his lane, struck an orange barrel used to section off the worksite and then plowed into concrete mixer and a worker standing beside it.

Clear maritime disability doesn't mean smooth sailing with claim

Living under the rule of law does not mean that justice is swift. The wheels can turn slowly and no one can really predict what the outcome of a case may be. That's true in Texas, Louisiana or any other state.

Because the system is complicated and confusing, it's always a good idea to work with an attorney with experience in the specific nature of case that you might have. When the matter involves recovery of compensation for worker injury, what's at stake could well be an individual's whole future well-being. It may take time, but the stakes are high enough that it may be worth the investment.

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