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Category Archives: Workers Comp

Hire a Worker’s Comp Attorney to Help Get Your Benefits Faster

By | Workers Comp | No Comments

Whether a fall from scaffolding, a ladder, or an accident that was caused by faulty equipment at your job, worker’s compensation is utilized to cover on-the-job injuries in Texas. A worker’s comp attorney from Tijerina Legal Group P.C. can investigate your injuries, determine who is liable, and help you to begin the process of worker’s compensation in the Brownsville or McAllen, Texas area. Accidents do happen, and you are entitled to compensation beyond what your employer will provide you. Our attorney can help you to obtain the benefits that you deserve.

About Workplace Accidents

When a worker suffers a serious injury on the job, they deserve compensation for any losses or damages that occur because of this injury. The most immediate costs include medical bills, lost wages or lost earning potential, and pain and suffering. Ultimately, these workplace accidents can occur anywhere whether due to falls, slips, trips, repetitive stress injuries, heavy lifting-related injuries, motor vehicle accidents on the job or exposure to dangerous toxins. A worker’s comp attorney in Texas can help you to get this no-fault workers’ compensation insurance that helps to pay for about two-thirds of your weekly wages as well as your medical bills during your injury.

If you’ve suffered a work-related injury, our experienced personal injury attorney can help protect your rights in order to get you the benefits you’re owed.

How Our Legal Team Can Help You

At Tijerina Legal Group P.C., we want to help those injured to get the justice that they deserve. We have years of experience standing up to employers and insurers who want to deny workers their owed benefits. Ultimately, this experience means that we know how to get results for our clients. If you or a loved one have suffered from workplace injuries and want to discuss your legal options, call to schedule a free consultation with a worker’s comp attorney today at 956-972-0141.

work injury attorney Brownsville Texas

Construction Injuries: How Work-Related Injuries Are Treated

By | Personal Injury, Work Injury, Workers Comp | No Comments

Man Dies After Elevator Accident At DFW International Airport

On September 1, 2016, NBC reported that a construction worker died after he fell into an elevator shaft at DFW International Airport.

The victim was a 55-year old construction subcontractor working at Terminal A at the airport. The area was walled off for remodeling.

The man did not die at the scene; instead, he was transported to a nearby hospital where he passed away due to his injury. The airport has since ceased construction pending an investigation of the accident.

While the reason for the man’s fall is unknown, this incident highlights a common issue seen on construction sites: fatal falls.

Falls Are Still Considered The Leading Cause Construction Site Deaths

According to OSHA, falls are the leading cause of death within the construction industry.

They state that in 2013 alone, there were 291 deaths. Sadly, these deaths are preventable and often attributed to incorrect safety procedures, negligent workers, or inadequate training.

Understanding How Work-Related Injuries Are Treated In Texas

Work-related injuries, regardless of fault, typically fall under workers’ compensation. In the state of Texas, workers’ compensation is state-regulated and provides coverage for injured employees.

Under the Texas Workers’ Compensation Act, Title 5, Subtitle A, injured employees are entitled to compensation for medical bills and a portion of their lost wages.

Not all work injuries qualify for workers’ compensation, but if an employee receives workers’ compensation benefits, they do not have the right to sue their employer.

Employers do have a level of protection against lawsuits, but this protection only extends so far. For example, when the work-related injury results in death, there may be additional options for loved ones to recover their financial losses. Family members would need to consult with a McAllen personal injury attorney to determine the right actions to take based on the situation.

Filing Third Party Lawsuits In The State Of Texas

Workers’ compensation does carry death benefits. According to the Texas Department of Insurance, death benefits may be paid to any legal beneficiaries for the loss of a loved one due to a work-related injury.

Surviving family members may also receive compensation up to $10,000 to cover applicable burial costs.

Sometimes, there is a third party that may be liable for work-related injuries or deaths – and these parties do not have the same protections as employers.

For example, in the case of the construction worker that fell into the elevator shaft, the death could be attributed to a defective safety harnesses, poor maintenance, or other faulty equipment. In this instance, the manufacturer, distributor, or even the company responsible for maintaining the safety equipment could be held liable for the injuries or wrongful death that occurred because of the defect.

Also, surviving family members may be able to file a lawsuit through a personal injury lawyer if the worker’s employer was grossly negligent. That means if the employer knew there was a potential for injury and ignored it, the deceased’s family can sue them.

Texas law does have strict limitations as to which surviving family members can file a wrongful death lawsuit; therefore, a personal injury attorney must be consulted. For example, in the state of Texas, surviving siblings cannot file a lawsuit for the loss of their sibling (see Texas Statute Section 71.001).

Finding Help For A Work-Related Injury From A McAllen Personal Injury Attorney

If you are the victim of a work-related injury, or you have lost a loved one due to a work-related accident, a McAllen personal injury attorney can help. Speak with Tijerina Legal Group today to explore your options. Our team can assist you with requesting workers’ compensation benefits, or if applicable, filing a lawsuit against a negligent third party.

Schedule a complimentary consultation now with your McAllen personal injury attorney at 956-777-7777 or contact our staff online. Read More