What types of damages can I recover for my workplace accident claim?

If you were injured in a workplace accident in Texas, you may be able to bring a personal injury lawsuit against your employer. If your lawsuit is successful, then you will be awarded financial compensation known as “damages.”

Damages can generally be divided into two main categories: pecuniary and non-pecuniary. Pecuniary, or compensatory, damages are intended to compensate you for the economic losses you suffered as a result of your injury. Examples of common pecuniary damages awarded in Texas workplace accident claims include:

• Medical expenses, both past and future
• Lost wages
• Loss of future earnings
• Loss of household services

Non-pecuniary damages, by contrast, do not represent specific financial losses. Rather, they are intended to compensate you for your pain and suffering, both emotional and physical. Common examples of non-pecuniary damages include:

• Mental anguish
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium

If you have been injured in a Texas workplace accident, contact the personal injury lawyers of Fears | Nachawati today for free legal assistance. To speak with one of our Texas workplace accident lawyers at no charge, simply email us or phone us toll free at 1.866.322.6898.

Types of workers’ compensation benefits

If you have been injured in a workplace accident in Texas, then you may be eligible for workers’ compensation benefits.

Workers’ compensation is insurance that is paid for by your employer. If you are injured while on the job, then workers’ compensation will pay for your medical expenses and, in some cases, for your lost income.

Workers’ compensation provides four types of benefits:

1. Medical benefits: Workers’ compensation will cover the cost of the medical care needed to treat a work-related injury or illness. Medical benefits are paid directly to the healthcare provider rather than to the injured worker.

2. Income benefits: In some cases, workers’ compensation will replace some of the income an employee loses because of their work-related injury or illness. Note that an employee does not become eligible for income benefits until the eighth day that their work-related injury or illness causes them to lose some or all of their pay.

3. Death benefits: Death benefits are paid to the family of a worker who was killed on the job.

4. Burial benefits: Burial benefits help to cover the funeral expenses for a worker who was killed on the job.

In Texas, subscribing to workers’ compensation is optional for employers. If you were injured on the job, and your employer does not subscribe to workers’ compensation, then you may be able to bring a workplace accident lawsuit against them.

Without workers’ compensation to cover your medical expenses and lost income, a personal injury lawsuit may be the only way for you to receive fair compensation for your injuries.

For free legal advice about Texas workplace accidents, contact Fears | Nachawati today. You can email us or phone us toll free at 1.866.322.6898.

Refinery workers exposed to toxic substance awarded $100 million

A Texas jury has awarded ten workers more than $100 million in a lawsuit over the release of a toxic substance at BP PLC’s Texas City plant in 2007.

Each of the ten workers was awarded $10 million in punitive damages. In addition to the punitive damages, the workers were awarded damages for their medical expenses, lost income and mental pain. The amounts ranged from $5,918 to $244,386.

In April 2007, more than 100 contract workers were sent to the hospital after claims that they had been exposed to toxic fumes released at the refinery.

The refinery, which is located approximately 30 miles southeast of Houston, Texas, was the site of another workplace accident in 2005 – an explosion that killed 15 workers and injured another 170.

For more on this Texas workplace accident lawsuit, click here for the complete article.

If you have been injured in a Texas workplace accident, contact Fears | Nachawati to receive free legal advice. Simply email us or phone us at 1.866.322.6898 to speak with a Texas workplace accident attorney.

Wife of man killed in Texas workplace accident files wrongful death lawsuit

A wrongful death lawsuit has been filed by the wife of a man killed in a Texas workplace accident on December 4th of this year.

The victim, Tommy Manis, was an employee at a Valero plant in Texas City. Manis was sent to restart a boiler, but the boiler exploded, killing Manis.

According to the attorney for the victim’s wife, Laura Parker-Manis, the company knew that the boiler was malfunctioning and had been for several months. It was, says the attorney, a known threat to the employees of Valero.

A wrongful death lawsuit over the deadly workplace accident has already been filed against the manufacturer of the boiler and the company that provided maintenance. Parker-Manis will soon be adding Valero as a defendant in the suit.

To read more about this Texas workplace accident and wrongful death lawsuit, click here for the complete article.

If you or someone you love has been injured or killed in a workplace accident, contact Fears | Nachawati today to receive free legal assistance. Simply email us or phone us toll free at to 1.866.322.6898 speak with an experienced Texas workplace accident lawyer.

Third-party workplace accident claims

In lawsuits over workplace accidents, a third-party claim arises when someone else besides your employer is responsible for your injuries.

For example, the negligence of third-party vendors or subcontractors can cause an accident that results in the injury of an employee. A defective tool can malfunction and injure a worker. Or, an employee may be injured on someone else’s property when making a delivery or performing offsite work. In those cases the third party can potentially be held liable for your injuries in a workplace accident lawsuit.

These third-party claims are particularly important in cases where the employee’s only recourse would otherwise be workers compensation. If you bring a successful third-party claim, then you can receive financial compensation in addition to your workers compensation benefits. You will also be able to receive compensation for pain and suffering, which is not available through workers compensation.

Third-party claims arise most frequently in construction accidents. Numerous companies and professionals are involved in any given construction project, which means the question of “who’s responsible for my accident” can be quite complicated.

An experienced Texas workplace accident attorney can identify the potentially responsible parties to maximize your recovery. For free legal advice on third-party workplace accident claims, contact the Texas work accident lawyers of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898.

Crane operator killed in Houston workplace accident

A police investigation is underway into a Texas workplace accident that ended in the death of a 41-year-old crane operator.

The victim, Cesar Barrios Gomez, was working for a Houston, Texas, printing company. He was attempting to move a crane Monday evening when the base failed and fell onto him.

According to investigators, several workers attempted to pull Gomez out from under the crane, but he was dead at the scene. Gomez died of a puncture wound to his head.

So far no charges have been filed, but investigators have said that the craned was loaded over its one ton capacity by several hundred pounds.

For more on this Houston, Texas, workplace accident, click here for the complete article.

If you have been injured in a Texas workplace accident, contact Fears | Nachawati today for free legal assistance. You can email us or phone us toll free at 1.866.322.6898.

Proving negligence in Texas workplace accident claims

In order to bring a successful Texas workplace accident lawsuit, you must prove that your employer was negligent. An employer is negligent if they failed to act the way that a reasonably prudent person would have acted under the same circumstances.

One way to prove that your employer was negligent is to show that your employer violated one of the duties that they owe to their employees. Texas courts, in ruling on Texas workplace accident lawsuits, have recognized specific duties owed to employees by their employer.

These duties include:

• Hiring competent workers
• Maintaining a reasonably safe work environment
• Establishing and enforcing rules and regulations to ensure the safety of their employees
• Providing employees with the properly functioning, appropriate tools needed to perform their job
• Ensuring that there is a sufficient number of workers available to perform a specific job

If you have been injured because of your employer’s negligence, contact the Texas workplace accident lawyers of Fears | Nachawati today. To receive free legal advice about Texas workplace accident lawsuits, simply email us or phone us toll free at 1.866.322.6898.

Texas oil rig accidents

In Texas, oil rig accidents are not uncommon. Whether it is a land-based drilling facility or an offshore drilling platform, oil rigs are some of the most dangerous job sites in the country. Safety regulations and procedures are in place to help prevent workplace accidents, but countless Texas workers are still injured in oil rig accidents each year.

Texas oil rig accidents take many forms. Some of the most common workplace accidents on oil rigs include:

• Explosions
• Exposure to hazardous chemicals and other materials
• Oil well blowouts
• Falling pipes
• Gas leaks
• Falls from a height

Numerous different factors can contribute to Texas oil rig accidents, including:

• Lack of proper supervision
• Lack of proper training
• Inadequate safety procedures
• Worker negligence
• Defective equipment
• Equipment failure
• Fatigue

If you have been injured in a oil rig accident in Texas, you may be entitled to bring a personal injury lawsuit. A Texas workplace accident lawsuit can result in you being awarded a considerable amount of money to compensate you for your injuries, lost wages, loss of future earnings, pain and suffering and other damages.

To learn more about your legal rights and workplace accidents, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898 to receive free legal assistance from a Texas workplace accident lawyer.

Austin construction worker injured in fall

The W Austin Hotel and Residences in Austin, Texas, was the scene of a construction accident Wednesday morning.

At around 8 a.m., a construction worker fell from the 31st floor of the building and landed on the 30th floor. It was a 10-foot fall onto a concrete floor.

Because the elevator only reaches the 27th floor of the building, members of the Austin Fire Department had to carry the injured construction worker down a ladder three floors on a backboard.

The worker suffered only minor injuries, but was taken to Brackenridge Hospital given the serious nature of the fall.

It is unclear at this time what caused the fall. However, rescue workers say there were icy patches on the 31st floor.

Click here to read more about this Austin, Texas, workplace accident.

If you have been involved in a construction accident or other Texas workplace accident, contact Fears | Nachawati today for free legal advice. You can email us or phone us toll free at 1.866.322.6898.

Texas workplace accident kills one worker, injures two others

One Texas worker is dead and another two are injured after an accident at Valero’s Texas City refinery.

The victim, 40-year-old Tommy Manis, died of blunt force trauma caused by a boiler failure that occurred on Friday night. The boiler is used to generate steam that heats petroleum products during the refining process.

Manis was killed instantly by the blast

The two injured workers are said to be “doing well,” according to Valero spokesman Bill Day. Day also says that the workplace accident has not yet been classified as an explosion and that the investigation is ongoing.

Operations at the plant, which employs around 480 people and processes about 245,000 barrels a day, have returned to normal.

The boom from the blast shook houses located several miles from the refinery, but, says Day, there was no environmental impact from the workplace accident.

Click here to read more about this Texas workplace accident.

If you have been injured in a Texas workplace accident, contact Fears | Nachawati. To receive free legal advice about your potential workplace accident lawsuit, simply email us or phone us toll free at 1.866.322.6898.

Two workers injured after fall from Cowboys Stadium roof

Two workers were injured after falling off the roof of the Dallas Cowboys Stadium on Thursday morning.

At the time of the accident, the workers were on top of the stadium working on fabric roof panels. The two men slipped on the icy roof and slid some 250 feet before their fall was stopped by the gutter.

According to Arlington fire officials, it appeared that the men were wearing safety harnesses but that their harnesses were not attached to the roof. Typical fall gear, when used properly, said Arlington Assistant Fire Chief Don Crowson, would have prevented the men from falling for more than about six feet.

One of the injured workers has been identified as Jose Hernandez, who called 911 to report the accident at around 7 a.m. Hernandez said he injured his hands and neck.

The second worker, whose name has not yet been released, suffered a broken leg as well as chest and head injuries. He also lost consciousness. He was taken to Parkland Memorial Hospital in Dallas by helicopter.

For more on this Texas workplace accident, click here for the complete article.

If you have been injured in a Texas workplace accident, contact Fears | Nachawati today. You will speak directly to a workplace accident attorney who will help you understand your legal rights. Simply email us or phone us toll free at 1.866.322.6898.

Common causes of workplace injuries

Workplace accidents can be caused by a limitless number of factors, but there are some general categories of workplace injuries that can be defined. Here are some of the most common causes of workplace injuries:

Defective equipment

Workers can be injured by using equipment that is defective in its design, manufacturing, assembly or repair. A defective piece of equipment can be anything from the complex workings of a bulldozer to something as simple as a metal ladder.

Hazardous Materials

Some employees are exposed to toxic substances in their workplace. If your work involves hazardous materials, you have a right to appropriate safety gear and equipment to protect yourself and minimize your exposure.

Motor vehicle accidents

Workplace motor vehicle accidents can be the result of reckless or negligent driving or malfunctioning equipment.

Inadequate training

An employee who has not been properly trained to do their job is a danger to both themselves and to other workers. Employers have a responsibility to train their employees in safe work practices.

Falls

Falls in the workplace can occur either from standing or from a height. A fall from standing is the “trip and fall” type accident where, for example, a worker trips over a tool that has been left lying on the floor. A fall from a height occurs when an employee falls from a ladder, scaffolding or some other apparatus that has them elevated from the ground.

Struck by a falling object

Injuries caused by falling objects occur most frequently in workplaces where overhead storage is being utilized or equipment is used to lift and carry objects.

Lifting injuries

Improperly lifting a heavy object can lead to serious back and muscle strain or sprain.

If you have been injured in a workplace accident, contact Fears | Nachawati today for free legal assistance. Simply email us or phone us toll free at 1.866.322.6898.

Texas workers compensation: What is a non-subscriber?

Unlike most other states, Texas does not require employers to purchase workers’ compensation insurance. An employer who chooses not to participate in the workers’ compensation program is known as a “non-subscriber.” An employer who does purchase workers’ compensation is referred to as a “subscriber.”

If the employee of a non-subscriber is involved in a workplace accident, then the non-subscriber is vulnerable to a workplace accident lawsuit. Unlike employers who subscribe to workers’ compensation, non-subscribers can be sued by their employees over workplace injuries.

As the employee of a non-subscriber, if you are injured in a workplace accident, you have the right to sue your employer for the damages that would ordinarily be available to you in any personal injury lawsuit, such as lost wages, medical expenses and pain and suffering.

If you have been involved in a workplace accident, contact the law firm of Fears | Nachawati today to receive free legal advice. To speak with one of our Texas workplace accident lawyers, simply email us or phone us toll free at 1.866.322.6898.