This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Non-Subscribers to Workman’s Compensation

Non-subscribers of workman’s compensation insurance have a different set of variables involved in their lawsuits. When dealing with non-subscribers, you are much more likely to get a company that will not settle immediately for the fact that they are protecting their own money and resources. They are more likely to aggressively defend themselves against such accusations that may be levied against them. When a claim is filed against a non-subscriber, they have the chance to settle out of court, but if they do not, the injured party, or plaintiff, has the burden to prove that an injury did occur at the hands of the company. Fortunately, the level of proof is much lower than that of subscribers to workman’s compensation insurance.More on this webpage

Defining Sole Proximate Cause

The main obstacle to overcome regarding non-subscribers is the lone defense that they can legally employ sole proximate cause. Sole proximate cause is when a person is one-hundred percent responsible for their own injuries. In such cases, the company, or defense, will hire specialized attorneys who are skilled at shifting the blame to the injured worker. They will try and show that the cause of the accident was completely due to the actions of the injured individual and not because of the company. This of course can be a difficult proposition for the defense, since they have to prove one-hundred percent. This makes non-subscriber cases advantageous for the plaintiff. If you have been injured in a construction site accident, it is important to have the advice of a qualified construction accident attorney to help you decide if you have a viable case against a non-subscriber. Give our Law Office a call today toll-free and receive your free consultation.

Contract Labor Versus Company Employer

Although the sole proximate cause defense is the only legal defense afforded to a non-subscriber, it is not the only defense period. Often companies in an attempt to avoid lawsuits in the first place will hire contract labor. With contract labor, there is not the same legal liability involved in the case of an on-the-job accident. This allows the construction company to avoid its responsibility more easily.

By definition, contract labor is labor that is hired on a per-job basis and in which no tools are provided and no specific times to work are given. In addition, no supervisor is supposed to give direct orders on how to complete the task. These definitions along with several others make up the contract employee–company relationship. By contrast, the employer of a company is legally more protected and the company has much more legal liability in regards to him. The employer is usually provided his tools, told the time to work, and given instructional supervision of some sort.

However, companies will try and stretch the definition of a contract laborer to fit their needs. This is where the knowledge and know-how of a veteran construction accident attorney come in handy. Our Law Office can do the investigative research that will reveal the actual nature of the relationship between the company and the injured worker so we can help you develop a solid case.

Below is a list of definitions of which any will constitute an employer-employee relationship.

Withheld taxes on check
Important equipment or tools provided by the company
Set work hours
Direct inspection and oversight of work done
Taking a drug test or limiting your rights
Being employed for not only a single project but for an undetermined amount of time
You are not paid on a per-job basis but by the hour

If any one of these is applicable to your situation, you may actually be an employee of the company, even though they claim you are not. If this is the case, you may be entitled to sue and receive compensation for your injuries. Our Law Office can help you make that important determination. Give us a call today toll-free.

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

San Antonio Truck/Semi Accidents

A semi-tractor (truck or 18-wheeler) is a danger on the roadways if there are no proper measures taken to ensure that there are no mechanical malfunctions, equipment failures, or ignoring driving regulations and guidelines. Anyone can be a victim in an accident with a semi-tractor (truck or 18-wheeler). If you or a loved one has suffered injuries from the negligence and fault of someone else, contact us. We will stand with you to make sure your rights are protected.

Semi-Tractors/Trucks/18-wheelers & Trucking Companies – The most common causes of trucking accidents

Is someone responsible for my injuries?
What to look for if involved in an accident with a Truck
Who is responsible for a truck accident injury or death case?

Trucking companies and insurance carriers dispatch their accident investigators to the scene of the crash as soon as the call comes in. So while you are tending to your injuries and dealing with the aftershock, the truck and insurance companies are getting ahead to start building a defense and minimize their liability exposure. Our Law Firm is on your side. Call us today to schedule a free consultation.

Injuries on the Job
Are you or a loved one been seriously injured on a job site as a result of:
Oil field Accidents
Plant explosion
Factory Accidents
Construction Accidents
Accidents as a result of OSHA Violations
Roadwork Accidents
Railroad Accidents
Helicopter Accidents/Crane Accidents
Electrocution
Fall from a Building
Scaffolding Falls
Elevator shift Falls
Roof Collapsing
Other Injuries Resulting at a Job Site
Construction accidents & injuries

We are here for you. Call us today to schedule a free initial consultation.

Medical Malpractice

Medical malpractice is a professional negligence action that can be brought against a healthcare provider for acts or omissions that have deviated from accepted standards of practice in the medical community and caused injury or death to you. If you or a loved one has been injured because of a doctor or hospital negligence, you then need a lawyer with experience, settlement negotiating skills, and medical science knowledge. Our Law Firm offers you a free case review and consultation. So, do not wait, time is not on your side, give us a call today.

If you have been injured as a result of an unsafe condition on someone else’s property, you might have a claim. Let us evaluate your Claim Call us toll-free to schedule a free consultation. Some of the damages you may be entitled to include: lost wages, medical expenses, pain, and suffering as well as other punitive and compensatory damages.

Premises liability cases are often complex and require thorough investigation and hard work to determine liability. Our Law Firm is committed to your case and our experienced attorneys will keep you informed and will follow through from the beginning of your case until its ultimate resolution. We understand how life-changing such an experience can be and how it can affect your quality of living, which is why we are so compassionate and committed to getting you all the money you deserve for your injuries.

Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries the defective product causes. Product liability frequently involves retail items but can extend to pretty much anything that can be sold and even to intangibles such as gas, naturals (pets), and real estate (house).
As a result of defective products, each year thousands of people are injured. Fortunately, individuals or companies responsible for these injuries can be held accountable due to the product liability laws. If you or your loved one has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the defective product. We offer free consultations and do not charge a fee for our services unless your case is won.

Call us today for your free case evaluation. We are the LAWYERS ON YOUR SIDE.

A wrongful death suit is a legal action (lawsuit) filed for the death of a person due to the carelessness, negligence, recklessness, malpractice, or inaction of another individual, company, or entity. The tragic and unnecessary death of a loved one can be one of the most traumatic experiences one can go through in a lifetime. Such a tragedy often leaves families devastated and heartbroken, feeling as if they have nowhere to turn. The physical, psychological, and emotional toll on you and your family is profound.

The goal at our Law Firm is to help guide you through the process with the highest level of caring, expertise, and compassion. It is hard enough to deal with the death of a family member or loved one. However, when that death is caused by the negligence or misconduct of another, the effects are multiplied. Not knowing your options is a real and natural dilemma our litigation attorneys are prepared to help you through this difficult time step by step.

The law allows for a variety of damages in a wrongful death suit. Some of these damages include medical and funeral costs, lost wages including future earnings, lost benefits, loss of support or companionship and consortium, loss of inheritance, pain, and suffering, mental anguish, and other general damages. Further, in some cases, punitive damages are recoverable for reckless actions. The Wrongful Death Act provides the exclusive remedy for wrongful death in Texas; the Wrongful Death Act also provides for compensating the decedent’s spouse, parents, and children for the losses they sustained as a result of the decedent’s injury and death.

Please contact us for a free consultation to discuss the specifics of your tragedy and let us inform you of your legal rights as we counsel you during this difficult time.

Wrongful Death Lawyers

Losing a loved one is never an easy thing to go through. Unfortunately, it is something that most of us need to deal with at one point. The death of a loved one is even more tragic when it was due to the negligence of another, and it was something that could have been prevented. More here. This is known as wrongful death. If you feel your loved one was killed due to the fault of another, contact our wrongful death lawyers.

Wrongful death can occur from a number of different incidents. Common examples of wrongful death cases involve the following:

Medical Malpractice
Auto Accidents
Work-Related Accidents
Defective Products
Truck Accidents

In order to have a valid wrongful death lawsuit, certain elements are required and must be met. Aside from the death of an individual, it must be proven that it was due to the negligence of another, that surviving family members are having financial problems as a result of the person’s death, and that a personal representative has been appointed to bring the suit on behalf of the deceased person’s estate.

Usually, those eligible for filing a wrongful death lawsuit are the spouse, children, or parents. Monetary compensation may be awarded to cover any harm and pain and suffering that the deceased individual may have experienced before passing away. Additionally, compensation may be awarded for future lost wages, as well as loss of companionship.

Have you lost a loved one in an accident and you feel that their death is due to the negligence of another party? Our lawyers can help! Contact our Wrongful Death Lawyers today to schedule a free consultation.