Employers are required to provide a reasonably safe workplace. This includes safe equipment, proper training, posting of warnings, and compliance with safety regulations. We are experienced in work related accidents, and understand how to document injuries and present workplace accident claims.
The United States workforce includes more than 105 million people. Every year, more than 6 million of these workers get injured and 6,023 more lose their lives on the job, according to the National Safety Council. While the federal government, through the Occupational Safety and Health Administration (OSHA), regulates work sites to protect workers’ safety, injuries and death can occur for a variety of reasons. Among the most common causes of serious work injuries are accidents involving falling objects, workers falling from elevated equipment or structures, highway accidents and those involving cars, trucks, forklifts, factory machinery and other devices. Incidents can also be caused by the negligence of other contractors or subcontractors working at the site.
Many times a workplace injury is the result of the negligence of someone unconnected with the employer. In these types of cases, a separate civil suit can be brought against that person for both economic and non-economic damages. This is called a third-party action. If your employer has properly purchased insurance coverage in compliance with the Texas Department of Insurance, Division of Workers’ Compensation, then it may be immune from some types of civil lawsuits. In that event, you will be required to file most of the claims for relief with the Texas Department of Insurance. It is important to speak with an experienced lawyer to determine whether a potential claim will be covered by Workers’ Compensation coverage or if a third party has any liability for causing the injury.
There is a significant difference in available remedies when a claim is filed with the Texas Department of Insurance as opposed to a civil lawsuit. The benefits available from workers’ compensation is rarely sufficient to replace wages. In addition, benefits make no allowance for the substantial pain and suffering caused to workers in work site accidents.
If you successfully recover damages from someone besides your employer, your employer’s insurance company may seek reimbursement for the sums expended on your behalf. In some situations, the employer’s insurance company has to reduce their request for reimbursement to reflect the employer’s fault. They may also get a credit against future payments for medical care, requiring you to first expend all of the monies you recovered in the third party suit, before they pay any additional medical bills.
We will work with you to determine the proper forum for your claim and to recover the maximum benefits to which you are entitled. If you or a family member has suffered a workplace injury, you should consider an experienced, board certified attorney to protect your rights. Please Contact us to set up a free consultation today.
According to the National Center for Statistics and Analysis, thousands of motorists are killed each year in trucking accidents. This includes 18-wheelers (tractor-trailers) and semi-trucks. A recent study has confirmed that large trucks account for 8 percent of all vehicles involved in fatal crashes. In Texas, the percentage of fatal trucking accidents increases to 9.4%.
With the large size and weight of tractor trailers, the smallest act of negligence can result in serious and devastating injuries. Truck accidents have various causes, but some of the reasons for the trucking accidents include fatigue, inadequate training, reckless driving, speeding, mechanical failures and poor maintenance.
The federal government has enacted laws and regulations in an attempt to reduce the number of HYPERLINK “http://www.hartlaw.com/Law_Firm/Fort_Worth_Semitruck_Accident_Lawyer” truck accidents and make trucking safer. Unfortunately, these new laws and regulations have not solved the problem. In the U.S., there are two million more registered trucks on the road today than there were a decade ago. The higher number of trucks increases the risk of trucking accidents, including fatalities. Trucking accidents have an increased chance of causing an injury, because in most cases a truck cannot remain upright during an accident. Additionally, truck drivers have limited visibility and maneuverability. These factors greatly contribute to trucking accidents.
Whether the driver is distracted, falls asleep at the wheel or just isn’t paying attention, accidents caused by these massive vehicles can kill or catastrophically injure motorists.
Truck drivers and the companies they work for have a responsibility to operate their vehicles in a safe manner. Unsafe driving, oversized cargo loads and various other careless factors put the public and the truck operators in danger. Some companies knowingly put unqualified drivers in poorly maintained tractor trailers on the road every day. These companies hire unqualified drivers and fail to properly maintain their fleet of vehicles in order to save money.
We are committed to protecting your rights and have repeatedly demonstrated our ability to succeed in the most challenging and complex truck accident cases. If you or a family member has been involved in a trucking accident, you should consider an experienced, board certified attorney to protect your rights. Please Contact us to set up a free consultation today.
Product defects are generally put into three categories: design defects, manufacturing defects and marketing defects. Design defects are, in a manner of speaking, intended. This type of defect is inherent in the design of the product. A design defect is found in every individual product produced. Manufacturing defects, unlike design defects, are not intended parts of the product. A manufacturing defect is, in essence, a mistake in the manufacturing process. Under products liability law, even if the manufacturer was extremely careful in manufacturing the product, it will still be held responsible for any manufacturing defect which occurs. It does not matter that all possible care was taken in the preparation and marketing of the product. Marketing defects are defects in the manner in which a product is sold. This type of defect can include inadequate warnings and/or instructions.
Texas law holds manufacturers, sellers and distributors responsible for products that pose a danger to users or consumers as a result of design and/or manufacturing defects. If a product has injured you, you may be able to recover for your injuries under product liability or negligence law. An attorney with experience in handling products liability cases can analyze the facts surrounding your injury and determine whether the product that injured you was defectively designed, defectively manufactured or negligently marketed.
We are committed to protecting your rights and have repeatedly demonstrated our ability to succeed in the most challenging and complex products liability cases. If you think that you have a products liability case, you should consider an experienced, board certified attorney to protect your rights. Please Contact us to set up a free consultation today.
When property and business owners invite the public onto their premises as a guest or customer, they have a responsibility to keep their premises safe. Security may be required and maintenance may be necessary in order to achieve this. Failure to meet these obligations may result in liability.
Injuries and damage can occur from this type of claim in a variety of places, such as a department store, parking lot, swimming pool, amusement park, a bar, or even a public road. When property and business owners don’t take the necessary precautions to ensure your safety, you could be at risk for murder, rape, serious injury or even death.
We are committed to protecting your rights and have repeatedly demonstrated our ability to succeed in the most challenging and complex premises liability cases. If you or a family member has been involved in an assault, the victim of falling merchandise, slip and fall or other premises liability type case, you should consider an experienced, board certified attorney to protect your rights. Please Contact us to set up a free consultation today.
Medical malpractice occurs when your medical provider deviates from the accepted standard of care. Medical providers are required to exercise reasonable care in accordance with their profession. If a doctor, hospital, nursing home or other health care provider deviates from the accepted standard of care, then that provider may be liable for any resulting injuries.
Unfortunately, most Texas families know of a friend or a loved one that has been received substandard medical care. For some, the medical malpractice does not result in a life changing injury. For others, the malpractice may lead to catastrophic injury or death. Some examples of medical malpractice include: missed diagnoses, medication errors, surgical errors including retained instruments or sponges and nursing home abuse or neglect.
The new laws capping jury awards and limiting patient rights make it harder to seek justice at the court house. The large hospitals and insurance companies have tremendous resources to fight each and every medical malpractice claim that is filed, regardless of how atrocious the conduct. It takes a board certified attorney who specializes in personal injury cases to prosecute these types of claims. We have the necessary experience to successfully help you and your family. If you think that you have a medical malpractice case, please Contact us to set up a free consultation today.
DANGEROUS DRUGS & MEDICAL DEVICES
Have you or a loved one been harmed by a dangerous prescription drug or failed medical device? At the Blankenship Law Firm, our expert staff is always investigating dangerous drugs and defective medical products that have inadequate warnings or are improperly designed. Millions of Americans rely on pharmaceuticals and medical products to improve their quality of life. But when companies put profits before people and develop or market a defective or dangerous product, we believe they should be held accountable for their actions. If you or a loved one has been injured by a dangerous drug or failed medical device, please contact us to set up a free consultation.
Litigation is an unavoidable part of doing business these days. Whether it makes business sense for you to file suit or whether you or your company have been sued, you need an experienced litigator. We have successfully prosecuted and defended a broad variety of commercial matters, from breach of contract to oil/gas disputes to breach of fiduciary duty claims. But rather than hear it from us, listen to what a few of our business clients have to say: