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Library

Work Injury

• Many Things Cause Construction Accidents

Subscriber & Nonsubscriber Workplace Injury claims

In Texas, there are two types of workplace injury claims: subscriber and non-subscriber. Subscriber claims are the most common. These claims arise when an employee is injured and their employer carries valid workers compensation insurance. In order to be compensated for their injuries, the work files a workers comp claim. In subscriber cases, the injured worker cannot bring a lawsuit directly against their employee.

A non-subscriber, by contrast, is an employer that does not carry valid workers compensation insurance. If your employer is a non-subscriber, then they fall under the common law, and compensation can be pursued through the court system.

Another situation in which an injured worker may be able to file a suit is if the injury was caused by a third-party, such as a subcontractor. In that case, the worker can bring a claim for negligence in order to recoup their damages.

If you have been injured on the job, contact us today. At Fears | Nachawati, we represent workers who have been injured in the workplace, and we can help you understand all of your legal options. For a free consultation, email us at info@fnlawfirm.com or call us toll free at 1.866.705.7584.

Construction Accident Injuries & Employer Reporting Requirements

Frequently, employees and workers do not know the reporting requirements for injuries and accidents that occur on the job. The Texas Labor Code requires all employers in Texas that do not carry workers' compensation to notify the Texas Department of Insurance--Division of Workers' Compensation in writing . See Texas Labor Code Section 406.004(a). Employers that do not comply with reporting requirements are subject to penalties and administrative violations. Similarly, employers with five employees or more are required to notify TDI-DWC of each injury or illness by the seventh day of the following month. See Texas Labor Code Section 411.032(a). Employees and workers should be aware that employers are required to notify their employees whether or not they carry workers' compensation insurance. See Texas Labor Code Section 406.005. The notice must be posted at conspicuous locations at the employer's place of business. If you have any questions regarding reporting requirements or compliance with the law, or if you have been injured on the job, call Fears & Nachawati for a free consultation--1 (866) 705-7584 or email mn@fnlawfirm.com.

Work Injury Mediation - What Should I Expect?

Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place. Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation. During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with. Your lawyer should explain to you how mediation works well in advance. Typically, mediation lasts a half day or a full day, depending on the complexity of the case. At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case. Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms. The mediator typically goes back and forth into separate conference rooms with monetary offers. If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation. If however, the parties are unable to come together on a fair settlement, the case will go to trial. It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary. Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

Workers' Compensation and On the Job Injuries (OJI)

If you have been injured in a job related injury and need to speak with a work injury lawyer, call 888-232-7313 or contact us by e-mail.

Know Your Rights

At your free consultation, we can discuss your case and explain your rights. Our attorneys are pleased to assist clients who speak English and Spanish.

Workers' Compensation Claim or Personal Injury Lawsuit?

Many people are uncertain about the process of filing a workers' compensation (sometimes called workman's comp) claim. Employees who do not understand the system often worry that their boss will get angry with them and retaliate if they file for workers' compensation benefits. Our firm can answer your questions.

Importantly, people need to understand that workers' compensation claims are not a lawsuit against the employer. When you file for workers' compensation, your claim is reviewed through an administrative process. Employers pay into the workers' compensation system, which works in many ways like insurance. When an employee suffers a back injury, knee injury or other injury, the workers' compensation system provides benefits to the worker for lost wages and medical bills.

The worker who has been injured does not have to prove that the accident was the fault of the employer. Unlike a personal injury lawsuit, where a plaintiff may have to prove that the defendant was negligent in some way, an employee seeking workman's comp benefits is not required to prove negligence.

Contact Us

To learn more about workers' compensation, or to discuss a personal injury lawsuit, call 888-232-7313.

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Fears | Nachawati has law offices throughout Texas, including Dallas, Ft. Worth, Houston, Austin and San Antonio. Our Dallas and Ft. Worth offices serve Plano, Arlington, Carrolton, Cleburne, Irving, Grand Prairie, Denton, Frisco, McKinney, Garland, Mesquite, Richardson, Rowlett, Rockwall, Greenville, Terrell, Waxahachie, De Soto, Duncanville, Cedar Hill, Everman, Crowley, Mansfield, Haltom City, Granbury, North Richland Hills, Flower Mound, Bedford, Hurst, Euless, University Park, Highland Park, and elsewhere in Dallas County, Tarrant County, Collin County, Johnson County, Kaufman County, Navarro County, Ellis County, Rockwall County, Denton County, and Hunt County.

Library for Work Injury:

• Many Things Cause Construction Accidents   
  Description: Causes of Construction Accident, Electrocution, asphyxiation, lack of proper training, fires, explosions, heavy machinery accidents, faulty safety harness, welding accidents, trench collapses, falling objects, failure to comply osha safety standards, exposure chemicals, holes in floor, compressed gases, lifting heavy objects

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