Workplace safety starts with prevention. There are steps that every worker can take to protect themselves from workplace accidents.
Stay injury-free with these tips on avoiding workplace accidents:
1. Know the risks: The first step in avoiding a workplace accident is understanding the risks that are inherent in your job. Take advantage of safety training programs and continuing education courses to remain knowledgeable about the risks associated with the work you perform.
2. Inform others of potential hazards: If you spot a potential hazard, be sure to inform your supervisor of the danger. Make sure your fellow workers are informed as well.
3. Use proper equipment: Use the right tools for the job. Too many workplace injuries occur because the worker was using improper or defective equipment.
4. Maintain your equipment: Similarly, equipment should be regularly maintained to ensure that it is in proper working order. Any equipment that is faulty or defective should be repaired or replaced.
5. Get adequate sleep: When you’re fatigued, you have difficulty focusing and concentrating. Particularly when working with machinery and heavy equipment, you must remain 100% focused on the task at hand.
6. Stay safe on the road: Motor vehicle accidents are among the most common of all workplace accidents. Exercise care and caution when operating motor vehicles while on the job.
If you have been injured in a workplace accident, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal advice on Texas workplace accidents, email us or phone us toll free at 1.866.322.6898.
Monday, January 18, 2010
Friday, January 15, 2010
Proving an employee-employer relationship
In Texas, employers are not required to subscribe to workers’ compensation, which means it may be possible to bring a lawsuit against your employer if you are injured while on the job.
Bringing a successful workplace accident lawsuit in Texas starts with proving that an employee-employer relationship existed between you and the person you are suing. Proving an employee-employer relationship is critical because the defendant may try to argue that you were an independent contractor rather than an employee.
Several factors are considered when determining whether an employee-employer relationship existed at the time of your accident. Three of the most important factors are whether you use your own tools to perform the work, whether you are on a salary or paid by the job and the amount of control the defendant had over the details involved with performing the work.
If you can prove that an employee-employer relationship existed, you must then pass a second hurdle, which is proving that you were acting in the “course and scope” of your employment at the time of the accident.
To prove that you were acting in the course and scope of your employment you must show two things. First, you must show that your injury occurred while you were acting in furtherance of your employer’s business. Second, you must show that the work you were required to do actually caused your injury.
If you were injured on the job, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice about your Texas workplace accident and your rights, email us or phone us toll free at 1.866.322.6898.
Bringing a successful workplace accident lawsuit in Texas starts with proving that an employee-employer relationship existed between you and the person you are suing. Proving an employee-employer relationship is critical because the defendant may try to argue that you were an independent contractor rather than an employee.
Several factors are considered when determining whether an employee-employer relationship existed at the time of your accident. Three of the most important factors are whether you use your own tools to perform the work, whether you are on a salary or paid by the job and the amount of control the defendant had over the details involved with performing the work.
If you can prove that an employee-employer relationship existed, you must then pass a second hurdle, which is proving that you were acting in the “course and scope” of your employment at the time of the accident.
To prove that you were acting in the course and scope of your employment you must show two things. First, you must show that your injury occurred while you were acting in furtherance of your employer’s business. Second, you must show that the work you were required to do actually caused your injury.
If you were injured on the job, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice about your Texas workplace accident and your rights, email us or phone us toll free at 1.866.322.6898.
Thursday, January 14, 2010
I was injured while working at a construction site. Who is responsible for my injuries?
Construction site accidents are complex cases. Numerous individuals and companies are involved in any given construction project, which means there is a wide spectrum of potentially responsible persons when someone is injured.
The more complex and sophisticated the construction project, the more possible defendants there are. Some of the individuals who may be held responsible if you are injured in a construction site accident include:
General contractors and subcontractors: Contractors have a duty to provide their workers with a reasonably safe work environment. They also have a duty to warn their workers of any hazards or defects at the site, as well as any inherent hazards in the work to be performed. General contractors and subcontractors are responsible for ensuring that the construction work is being performed safely, ensuring safety regulations are being complied with and hiring reasonably competent employees.
Prime contractors: A prime contractor is responsible for a limited, specific aspect of the construction work being performed, while a general contractor is responsible for the project as a whole. Prime contractors are also responsible for the work done by any subcontractors they hire.
Property owner: The owner of the property where the construction is taking place may be liable for your injuries under certain circumstances. Landowners have a duty to ensure that their property is reasonably safe. If the landowner knew or should have known of a dangerous condition on their property, and if someone is injured because of that dangerous condition, then the property owner may be held liable. Whether or not the landowner is liable in a construction site accident depends on the amount of control the property owner exercised over the property during the construction.
Equipment and machinery manufacturers: Manufacturers have a legal duty to ensure that the products they make are reasonably safe for their foreseeable and intended use. The maker of a piece of construction equipment or machinery can be held liable if the product they manufactured is defective and if that defect causes an injury. These are known as product liability cases, and the manufacturers are held strictly liable, which means that the injured plaintiff does not need to prove negligence.
Engineers and architects: The amount of responsibility assigned to a design professional such as an engineer or an architect depends primarily on their contract with the site’s owner. For example, an engineer or architect may be responsible for inspecting the construction site to ensure that code regulations are being complied with or to ensure compliance with the specifications of the blueprints. In general terms, design professionals such as architects and engineers are held to certain standards of their profession. An engineer or architect may be held liable if their failure to meet one or more of these standards results in an injury to a construction site worker.
If you were injured at a construction site, talk to a personal injury lawyer as soon as possible. To receive free legal advice from a Texas work accident attorney, contact Fears | Nachawati today. You can email us or phone us toll free at 1.866.322.6898.
The more complex and sophisticated the construction project, the more possible defendants there are. Some of the individuals who may be held responsible if you are injured in a construction site accident include:
General contractors and subcontractors: Contractors have a duty to provide their workers with a reasonably safe work environment. They also have a duty to warn their workers of any hazards or defects at the site, as well as any inherent hazards in the work to be performed. General contractors and subcontractors are responsible for ensuring that the construction work is being performed safely, ensuring safety regulations are being complied with and hiring reasonably competent employees.
Prime contractors: A prime contractor is responsible for a limited, specific aspect of the construction work being performed, while a general contractor is responsible for the project as a whole. Prime contractors are also responsible for the work done by any subcontractors they hire.
Property owner: The owner of the property where the construction is taking place may be liable for your injuries under certain circumstances. Landowners have a duty to ensure that their property is reasonably safe. If the landowner knew or should have known of a dangerous condition on their property, and if someone is injured because of that dangerous condition, then the property owner may be held liable. Whether or not the landowner is liable in a construction site accident depends on the amount of control the property owner exercised over the property during the construction.
Equipment and machinery manufacturers: Manufacturers have a legal duty to ensure that the products they make are reasonably safe for their foreseeable and intended use. The maker of a piece of construction equipment or machinery can be held liable if the product they manufactured is defective and if that defect causes an injury. These are known as product liability cases, and the manufacturers are held strictly liable, which means that the injured plaintiff does not need to prove negligence.
Engineers and architects: The amount of responsibility assigned to a design professional such as an engineer or an architect depends primarily on their contract with the site’s owner. For example, an engineer or architect may be responsible for inspecting the construction site to ensure that code regulations are being complied with or to ensure compliance with the specifications of the blueprints. In general terms, design professionals such as architects and engineers are held to certain standards of their profession. An engineer or architect may be held liable if their failure to meet one or more of these standards results in an injury to a construction site worker.
If you were injured at a construction site, talk to a personal injury lawyer as soon as possible. To receive free legal advice from a Texas work accident attorney, contact Fears | Nachawati today. You can email us or phone us toll free at 1.866.322.6898.
Tuesday, January 12, 2010
One dead, three injured in Texas oil field accident
One worker is dead and three others are injured after an industrial accident in a Texas oil field Monday morning.
The deceased victim, 65-year-old Johnny Mills, died after being exposed to hydrogen sulfide while he was working in an oil field.
Mills, along with another worker named Steven Waters, was on top of a tank battery. Both men were exposed to hydrogen sulfide gas when they went to open a valve.
When officials arrived on the scene, Mills was found lying unconscious on top of the tank. Waters had fallen off the tank.
Two other workers, Ernie Hicks and Mike Moore, were on the ground when the incident occurred. The two men were taken by ambulance to an area hospital where they were held overnight for observation.
To read more about this Texas industrial accident, click here to access the full article.
If you or someone you love has been injured in a Texas workplace accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance from an experienced Texas personal injury attorney, email us or phone us toll free at 1.866.322.6898.
The deceased victim, 65-year-old Johnny Mills, died after being exposed to hydrogen sulfide while he was working in an oil field.
Mills, along with another worker named Steven Waters, was on top of a tank battery. Both men were exposed to hydrogen sulfide gas when they went to open a valve.
When officials arrived on the scene, Mills was found lying unconscious on top of the tank. Waters had fallen off the tank.
Two other workers, Ernie Hicks and Mike Moore, were on the ground when the incident occurred. The two men were taken by ambulance to an area hospital where they were held overnight for observation.
To read more about this Texas industrial accident, click here to access the full article.
If you or someone you love has been injured in a Texas workplace accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance from an experienced Texas personal injury attorney, email us or phone us toll free at 1.866.322.6898.
Monday, January 11, 2010
Injured in a workplace accident? Contact a Texas personal injury lawyer
All too often, injured workers make the mistake of filing a worker’s compensation claim before speaking with a Texas personal injury lawyer. Depending on how, when and where your workplace accident occurred, someone other than your employer might be responsible for your injuries.
When a third party, such as a subcontractor or the manufacturer of a defective tool, is at fault for your accident, then you may be able to file a Texas personal injury lawsuit against them.
By filing a Texas personal injury lawsuit, you may be able to receive substantially more compensation for your injuries than worker’s compensation would provide. For example, with a Texas personal injury lawsuit, you might be awarded damages for pain and suffering, which is not available through worker’s compensation.
Determining who is at fault for your Texas workplace accident can be complicated. Workplace accidents are not always as straightforward as they may seem, which is why you need the advice of an experienced Texas personal injury lawyer.
To receive free legal advice about your Texas workplace accident, contact the law firm of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898 to speak with a Texas personal injury lawyer at no charge.
When a third party, such as a subcontractor or the manufacturer of a defective tool, is at fault for your accident, then you may be able to file a Texas personal injury lawsuit against them.
By filing a Texas personal injury lawsuit, you may be able to receive substantially more compensation for your injuries than worker’s compensation would provide. For example, with a Texas personal injury lawsuit, you might be awarded damages for pain and suffering, which is not available through worker’s compensation.
Determining who is at fault for your Texas workplace accident can be complicated. Workplace accidents are not always as straightforward as they may seem, which is why you need the advice of an experienced Texas personal injury lawyer.
To receive free legal advice about your Texas workplace accident, contact the law firm of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898 to speak with a Texas personal injury lawyer at no charge.
Friday, January 8, 2010
Lawsuit filed by family of man killed in Texas refinery blast
The family of a Texas worker killed in a refinery explosion has filed a lawsuit against two boilermaking companies.
The deadly explosion took place last month at Valero’s Texas City refinery. Worker Tommy D. Manis was killed when a boiler exploded, and two other workers were injured in the blast.
Manis and the others were trying to restart a steam boiler when a pressure blast occurred. Manis was killed instantly in the workplace accident.
The lawsuit is being brought by Roger Manis and Barbara Manis against Babcock & Wilcox Power Generation Group Inc. and Halgo Power Inc. In the lawsuit, the plaintiffs accuse the two companies of improperly designing, building and installing the boiler that exploded on December 4th.
The plaintiffs are seeking approximately $75,000 in damages and have requested a jury trial.
To read more about this Texas work accident lawsuit, click here to access the complete article.
If you have been injured in a Texas workplace accident, contact the personal injury attorneys of Fears | Nachawati today for free legal assistance. Simply email us or phone us toll free at 1.866.322.6898.
The deadly explosion took place last month at Valero’s Texas City refinery. Worker Tommy D. Manis was killed when a boiler exploded, and two other workers were injured in the blast.
Manis and the others were trying to restart a steam boiler when a pressure blast occurred. Manis was killed instantly in the workplace accident.
The lawsuit is being brought by Roger Manis and Barbara Manis against Babcock & Wilcox Power Generation Group Inc. and Halgo Power Inc. In the lawsuit, the plaintiffs accuse the two companies of improperly designing, building and installing the boiler that exploded on December 4th.
The plaintiffs are seeking approximately $75,000 in damages and have requested a jury trial.
To read more about this Texas work accident lawsuit, click here to access the complete article.
If you have been injured in a Texas workplace accident, contact the personal injury attorneys of Fears | Nachawati today for free legal assistance. Simply email us or phone us toll free at 1.866.322.6898.
Wednesday, January 6, 2010
Texas worker killed in industrial accident
A Texas man was killed while working on a construction site underneath the Neches River Bridge. The worker, whose name has not yet been released, was crushed under a dump truck-style trailer.
Apparently the worker was trying to repair a stuck lift when the hydraulics failed, causing the truck to topple over on top of him. The construction crew was hauling concrete at the time the accident occurred.
For more on this fatal Texas workplace accident, click here for the complete story.
If you have been injured in a workplace accident, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice from a workplace accident lawyer, simply email us or phone us toll free at 1.866.322.6898.
Apparently the worker was trying to repair a stuck lift when the hydraulics failed, causing the truck to topple over on top of him. The construction crew was hauling concrete at the time the accident occurred.
For more on this fatal Texas workplace accident, click here for the complete story.
If you have been injured in a workplace accident, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice from a workplace accident lawyer, simply email us or phone us toll free at 1.866.322.6898.
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