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.
Thursday, December 31, 2009
Wednesday, December 23, 2009
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.
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.
Tuesday, December 22, 2009
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.
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.
Friday, December 18, 2009
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.
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.
Thursday, December 17, 2009
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.
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.
Wednesday, December 16, 2009
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.
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.
Monday, December 14, 2009
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.
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.
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