Worker shocked by exposed wire sues in Texas court

A lawsuit has been filed in a Texas court by a worker who was installing insulation when his hand came into contact with a live wire, which sent an electrical current through his hand and out from his neck.

The worker, Nicholas Boudreaux, a Superior Energies employee, has filed a workplace accident lawsuit against Conrad Industries, alleging breach of the Longshore and Harbor Workers Compensation Act and General Maritime Law.

According to the lawsuit, Boudreaux was performing repair work in a ferry boat that was on the water. He put his hand into an overhead area, and that’s when he came into contact with a live wire that connected an overhead light to the ship’s generator.

In his work site accident lawsuit, Boudreaux accuses the defendant of negligence in failure to provide a safe workplace and failure to inspect the electrical wiring on each of its vessels. The lawsuit further accuses Conrad Industries of damaging the wire and failing to repair it.

The plaintiff is seeking damages for medical expenses, loss of earnings, physical impairment, mental anguish and pain and suffering.

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

Electrocutions are the second highest cause of death for construction workers after falls. There can be fatal consequences if a worker touches a live electrical wire with a part of their body, tool or piece of equipment. Injuries caused by electrocutions include severe burns, heart failure and neurological damage. Even a seemingly simple activity such as moving a ladder or unloading cargo from a truck can lead to contact with a high voltage source of electricity.

Electrocutions and electrical accidents in the workplace can be caused by a defective product, electrical equipment that is improperly secured or wired or a lack of proper safety training. Sources of electricity that can lead to electrocutions include underground utility lines, overhead power lines, defective products, high voltage machinery and frayed or exposed wires.

Other electrical accidents are caused by negligence on the part of the contractor, property owner, electrical engineer or architect. If a third party is responsible for the electrical accident or workplace electrocution, then it may be possible to bring a claim for damages. Personal injury lawsuits are particularly important in cases where workers’ compensation benefits are insufficient to cover the injured workers’ losses and expenses.

If you or someone you love has been injured in a workplace electrical accident, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas work accident attorneys, email us or phone us toll free at 1.866.322.6898.

Construction workers sue over injuries sustained in scaffold collapse

Two construction workers are suing a contractor over injuries they received after a scaffold collapsed.

The two men were working on a scaffold at St. Anthony Cathedral Basilica in Beaumont, Texas when the accident occurred. According to the lawsuit, the contractor removed two of the scaffold’s supporting legs and the structure collapsed while both men were standing on it.

The plaintiffs were working for BETCO Scaffolding when the company was hired by H.B. Neild and Sons in January of 2009 to complete work in the Cathedral.

In their work accident lawsuit, the men are seeking damages for medical expenses, lost earnings, loss of earning capacity, pain and suffering, physical impairment and mental anguish.

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

Injuries from falls at construction sites are all too common in Texas. According to the U.S. Department of Labor Bureau of Labor Statistics, the construction industry has the highest number of worker fatalities of any industry.

Falls are the most common cause of workplace injuries at construction sites. Moreover, falls from scaffolds and ladders account for the greatest number of falls at construction sites.

Other common types of workplace accidents at construction sites include electrocution, cave-ins and explosions. While on the work site, construction workers are also at risk from falling objects, exposure to noise and hazardous substances and defective power tools and equipment.

If you have been injured in a construction site or other workplace accident, contact the Texas personal injury attorneys of Fears | Nachawati today for free legal assistance. You can email us or phone us toll free at 1.866.322.6898.

Do I need an attorney to file a workers’ compensation claim in Texas?

Workers’ compensation laws are complicated, and cases are often not as straightforward as they first seem. An injured worker who moves forward on their claim without the assistance of an attorney runs the risk of making a mistake that will result in their receiving less money than they are entitled to.
You should seek the immediate counsel of a workplace accident attorney particularly if:
• You will be unable to return to work.
• You have suffered a serious injury or permanent disability .
• You were receiving a high salary before your injury.
• You are being pressured to settle by your employer or an insurance adjuster.
• You are being discriminated against at work because of your claim.
• Your claim has been denied.
• There are questions as to whether you are an employee or an independent contractor.
Your Texas workplace accident attorney will provide you with valuable assistance throughout the claims process, including:
• Collecting evidence
• Referring you to a physician
• Making sure that all of your paperwork is properly filed
• Keeping you informed on the status of your claim
• Negotiating on your behalf
• Providing expert legal knowledge on employment laws and workers’ compensation laws
Last but certainly not least, workers’ compensation benefits may not cover all of your expenses. A Texas work accident attorney can evaluate your case and determine if you have a third-party claim in addition to your workers’ compensation claim, meaning you may be entitled to additional compensation beyond workers’ compensation benefits.
For free legal advice on your workplace accident, contact the Texas personal injury lawyers of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898.

I was injured in a workplace accident, but I heard that I can’t bring a lawsuit because of workers’ compensation laws. Is that true?

It depends. Texas is the only state that does not require employers to subscribe to workers’ compensation. If your employer is a nonsubscriber, and you are injured on the job, then you may be able to bring a legal claim against your employer.

Regardless of whether or not your employer subscribes to workers’ compensation, there is a possibility that a third party, such as a property owner, vendor or subcontractor, is wholly or partially responsible for your injury. In that case, workers’ compensation laws have no bearing whatsoever on your ability to bring a lawsuit.

The wisest move is to contact a workplace accident attorney who can evaluate your case and determine whether you have a valid claim.

If you have been hurt in a workplace accident, contact the Texas personal injury attorneys of Fears | Nachawati for free legal assistance. Simply email us or phone us toll free at 1.866.322.6898 to receive your free legal advice.

I was injured in a workplace accident. Can I recover more than just workers’ compensation benefits?

Workers’ compensation laws only apply to your employer. If your employer subscribes to workers’ compensation, then you cannot sue your employer over your workplace accident.

However, workers’ compensation laws have no bearing on the potential liability of third parties, such as vendors, equipment manufacturers and subcontractors. If a third party is at fault for your injuries, then you can seek compensation from that party above and beyond what you are receiving through workers’ compensation.

Moreover, in Texas, employers are not required to subscribe to workers’ compensation, so, depending on your employer’s status, it may be possible to bring a workplace accident lawsuit directly against your employer.

If you have been injured in a workplace accident, contact Fears | Nachawati today to receive free legal assistance from a Texas personal injury attorney. For your free legal consultation, email us or phone us toll free at 1.866.322.6898.

Employee rights under OSHA

The Occupational Safety and Health Administration (OSHA) was created in 1970. It is a division of the Department of Labor, and its mission is to reduce hazards in the workplace as well as to craft a system of safety and health regulations and programs. Simply put, OSHA exists to help prevent workplace accidents.

You as an employee have certain rights under OSHA. These include the right to:

• Receive training from your employer about any chemicals or hazardous substances you may be exposed to or work with
• File a complaint with OSHA if there is a violation or serious hazard in your workplace and to have your name withheld in doing so
• File a complaint with OSHA without being retaliated or discriminated against by your employer
• Request that your employer correct any OSHA violation or other dangerous condition in the workplace
• Be a part of any OSHA inspection of your workplace as well as the right to be informed of the results and appeal the final action, if necessary

If you have been involved in a workplace accident caused by an OSHA violation or other dangerous condition, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal assistance with your Texas workplace accident claim, email us or phone us toll free at 1.866.322.6898.

Workers’ compensation income benefits

If you have been injured in a Texas workplace accident, you may be entitled to income benefits through workers’ compensation. Income benefits are paid directly to the injured worker by the employer’s workers’ compensation insurance carrier.
There are four different types income benefits under the workers’ compensation scheme:
1. Temporary Income Benefits
2. Impairment Income Benefits
3. Supplement Income Benefits
4. Lifetime Income Benefits
The amount of compensation the injured worker receives depends on the worker’s wage prior to the injury, the length of time the worker missed work or has worked for less pay and the seriousness of the injury.
Complex formulas are used to determine the amount of income benefit payments the worker will receive. Another complicated issue is your “impairment rating,” which is a percentage assigned to describe the extent to which your injury has caused a disabling condition.
A Texas personal injury lawyer can explain the workers’ compensation process to you and answer any questions you may have. By hiring a Texas workplace accident attorney to represent you in making a workers’ compensation claim, you will ensure that you receive the maximum compensation to which you are entitled.
The Texas personal injury lawyers of Fears | Nachawati help injured workers in bringing workers' compensation claims. To receive free legal advice from a Texas workplace accident lawyer, email us or phone us toll free at 1.866.322.6898.