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Category Archives: Blog

Explanation of the Lemon Law in Texas

By | Blog, Uncategorized | No Comments

Does the new car you recently bought have a major issue? Is it the second or third time that you have had to get it repaired for the same issue?

Although you may be frustrated, you have options besides sending the car back in for repair.  Specifically, you may be covered under either (a) the federal Lemon law (the Magnuson-Moss Warranty Act) or (b) the Texas Lemon Law. These laws are designed to protect consumers when buying a new car and who are tired of having the same issue replaced multiple times. Read More

A Property Owner’s Responsibility: Security and Your Rights

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You hear about it in the news – someone is robbed, mugged, attacked. They could receive a few scratches or be very seriously injured. Obviously the attacker is responsible. But who else is at least partially responsible? Possibly the property owner. These crimes are typically committed in parking lots, at apartment complexes, in stores or other retail establishments, and other “public” places. So if this happened to your loved one, what are their rights? Read More

Explanation of Personal Injury Law

By | Blog, Personal Injury | No Comments

Due to the fact that personal injury law is so complex, it is always recommended that a lawyer be hired in order to solve a personal injury case. There are many factors to consider when hiring a personal injury attorney, and ultimately, feeling comfortable with this decision. Weighing specific factors like the severity of the injury attained, costs of medical bills, the permanence of the injury, and the pain and suffering you are experiencing are all important issues that must be considered before pursuing your right to damage claims. Read More

Child Passenger Safety

By | Auto Accidents, Blog, Personal Injury | No Comments

Did you know that Automobile Accidents are the number one cause of death in children age 3 to 14? Preventive measures can be taken by parents, caregivers and grandparents who drive children from place to place – read more in this informative article provided by our personal injury law firm – we are committed to public safety. Read More

Overview of Texas Court System

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Our court system is comprehensive, and interesting to learn about. Here is a bit of history:
In the Judiciary Act of 1789, the very first Congress established the Judicial Courts of the United States. They created the Supreme Court, choosing to have it consist of a Chief Justice and five ‘associate judges’. They created a middle tier of circuit courts (trial courts). The Judiciary Act was controversial at the time. It acknowledged the “official status” of state courts, yet reinforced the supreme authority of the Federal judiciary. Read More

Drive Safe to Avoid Accidents and Injury

By | Auto Accidents, Blog, Personal Injury | No Comments

We tend to feel like auto accidents happen to others, but not us. We take driving for granted and hope nobody crashes into us. But the reality is that the highways are dangerous places to be, and we need to do all we can to increase our chances of avoiding crashes and serious injury. You may not be able to control the skill, actions or speed of other drivers, but there ARE ways to reduce your chances of having an auto accident AND reduce the level of injury should you crash. First and foremost – it is always safer to be buckled in with your seatbelt than not, so starting today, BUCKLE UP every time! Read More

Injured on the Job? Know Your Rights

By | Blog, Premises Liability & Workers Compensation | No Comments

You’ve worked a long day, loading shelves with supplies in your employer’s warehouse. Your coworkers are exhausted, too. Your arms ache and you don’t quite get a big box in place when your arm gives out and it falls on you, hitting your shoulder and landing on your foot. Your shoulder is badly bruised and your toe is smashed. You can’t work anymore today and may be out for several days. You just suffered an on-the-job injury.

There were a total of 3,063,400 cases of nonfatal injuries at the workplace in 2010 – plus others that were not recorded. When injuries keep you from working, they cause financial troubles for you and your family. So you begin the process of applying for worker’s compensation. How else can you pay your medical bills?

If this were to happen to you tomorrow—what would you do? It’s important to know your rights.

Texas is an at-will employment state. So for employees, this is not ideal and a difficult standard to live with. At-will employment means that an employer can fire any employee at any time, without any specific cause. Exceptions are:

  • Discrimination based on age, sex, gender, race, religion or disability (civil rights)
  • Serving on a jury
  • Voting
  • Pursuing one’s rights to worker’s compensation

 

The guidelines below should help you define and determine your eligibility for compensation, as well as the immediate actions to take after an injury. But of course it makes sense to speak to a workers compensation attorney for the best advisement in your situation.

Worker’s Compensation Eligibility

Note that seniority is irrelevant when it comes to on-the-job injuries. Even if you just started working somewhere yesterday, your are eligible for worker’s compensation if you are injured. Any injury sustained while performing job-related tasks, which impairs your ability to work, qualifies you to receive worker’s compensation regardless of time served with the company or full or part-time status.

Next step after an injury occurs

From the moment you are injured at work you are entitled to Temporary Total Disability—also known as TTD. You cannot be dismissed from your job for applying for this, nor can you be fired for taking any other legal action, such as hiring a lawyer or filing a workers compensation claim.

Keep good records

To protect yourself after sustaining an injury at the workplace, you should immediately start recording details. Don’t hesitate to report an injury to your supervisor, and obtain medical assistance right away (at least within 30 days of the injury to be eligible for benefits).  You can apply for workers compensation after missing three consecutive calendar days from your job.

Medical treatment

Employers are responsible for providing prompt medical treatment when there is an injury. But note that your employer has the right to select the treating physician. If the employer fails to provide treatment within seven days of the notice of injury, an employee can select their own physician at the employers cost.  Workers compensation laws protect you so that you are not responsible for any medical costs incurred while treating your on-the-job injury.

Workers Compensation claim filing

The elements of a workers comp claim can be tricky. It’s in your best interest to utilize an attorney who is knowledgeable about work-related injuries, costs and compensation. Contact a personal injury lawyer who handles workers comp cases, such as our law firm. Your rights come first – and your employer may not feel the same.

Texas DWI no-refusal weekends – KNOW YOUR RIGHTS

By | Blog, Criminal Law / DWI, News | No Comments

KNOW YOUR RIGHTS! What you need to know about “Texas No-Refusal Weekends.”

The State of Texas has begun to tout it’s “no refusal weekend” campaign aiming to reduce incidents of drunk driving that may lead to serious injuries (click here for article).  Although the goal is a good one, it does it at the expense of misleading you into believing you are no longer protected by the Fourth Amendment of the United States Constitution, which protects you against unreasonable searches and seizures. Read More