Why Does Texas Give Employers the Option to Provide Workers’ Comp?

The Texas Department of Insurance (TDI) says that the first workers’ compensation laws in Texas came in 1913. At the time, the legislators believed that employers should have the freedom to decide if they want to provide workers’ comp to their employees.

They feared that government run programs would limit the property rights of an employer since there was no due process of the law.

However, in 1917, the U.S. Supreme Court ruled that it was legal to require employers to participate in workers’ compensation programs.

If an employee is injured on the job and the employer does not carry any compensation coverage, the employee is the one who will suffer. The only way for an employee to be compensated for their injuries is to hire an experienced lawyer who can fight for their right to fair compensation.

Allison & Ward – Austin Workers’ Compensation Attorneys  

 

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Can I Sue My Healthcare Provider If My Baby Dies During Birth?

A woman, who was being held on drug charges in a county jail in Texas, has filed a lawsuit after she delivered a baby that died while she was in solitary confinement.

According to the Wichita Times Record News, Nicole Guerrero is suing Wichita County, Sheriff David Duke, Correctional Healthcare Management, Inc. and nurse Ladonna Anderson for medical malpractice.

After several complaints about pain, Guerrero who was being held in the Wichita County Jail in 2012 on a drug possession charge, was placed in a cell and left for several hours.

At some point, Guerrero alleged that she could feel the baby’s head starting to emerge and a detention officer walking by helped her deliver her daughter, who was “dark purple, and had the umbilical cord wrapped around her neck.”

After the baby was delivered, in her lawsuit, Guerrero claims that Anderson patted the baby on the back until medical officials arrived 20 minutes later. Emergency officials then took the baby to a hospital where it was pronounced dead.

This case is truly disturbing. Aside from death, birth injuries resulting from inadequate or negligent healthcare can include deformities, brain damage, cerebral palsy and erb’s palsy.

Call us today at 1 (800) 460-0606 to schedule a free consultation if your son or daughter is suffering because of a health care provider’s inattention.

Cappolino Dodd Krebs LLP – Birth Injury Attorneys

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Houston Woman That Struck and Killed Bicyclist Rearrested in Austin

A woman that allegedly injured and killed a Houston bicyclist was rearrested at her twin sister’s house in Austin on April 30, according to The Houston Chronicle. Margaret R. Mayer, who was initially arrested on February 5 and freed on a $30,000 bond, was taken into custody again for allegedly violating her bail conditions. According to court records, she violated the conditions of bail by failing to pay $50 in fees for drug and alcohol testing and supervision.

Mayer allegedly struck bicyclist Chelsea Norman around 10:20 p.m. on December 1 as she pedaled her bicycle home from work in Houston. The 24-year-old bicyclist died from her injuries on December 4. Mayer was charged with failure to stop and render aid in an accident causing death.

Mayer’s next court appearance is scheduled for May 9 in the 230th State District Court.

Sponsored by Allison & Ward, located in Austin, Texas.

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Driver Hits and Kills Austin Man, Charged with Intoxicated Manslaughter

A man on his way home from work was killed in a crash on April 21 by a suspected drunk driver, according to KXAN. The victim was sitting at a stoplight on the westbound US Highway 290 service road at Springdale Road, when a 34-year-old driver slammed into the back of his vehicle around 3:30 a.m. The driver said he never saw the victim’s car.

Two hours after the crash, a test showed the driver’s blood-alcohol level was .066. The driver suffered a broken rib and lacerations to his leg in the crash. A front seat passenger also had a concussion and a rib fracture, and the man sitting in the back seat suffered a possible torn colon. The 34-year-old was charged with intoxication manslaughter and his bond was set at $75,000.

Sponsored by Allison & Ward, located in Austin, Texas.

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New Study Reveals Austin’s Most Dangerous Streets

A recent study by the Massachusetts Institute of Technology (MIT) revealed the most dangerous streets in Austin for bicyclists, according to Culture Map Austin. Using data from the Texas Department of Transportation, the project mapped 1,430 bicycle wrecks reported to local police from 2009-2014.

The honor of most dangerous street in Austin went to Guadalupe Street, which is not terribly surprising considering that many University of Texas students cycle to and from campus on this busy thoroughfare. South Congress Avenue took second place for most dangerous street.

Rounding out the top ten are:

  • I-35
  • North Lamar Boulevard
  • South First Boulevard
  • East Riverside Drive
  • Barton Springs Road
  • South Lamar Boulevard
  • Red River Street
  • Duval Street

Sponsored by Allison & Ward, located in Austin, Texas.

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Company Sued After Worker is Severely Burned in Galveston County Explosion

A picture of an accidentA Galveston County man is suing after sustaining injuries while working at a Texas City facility, according to The Southeast Texas Record. The worker filed a lawsuit on February 27 against Marathon Petroleum Co. LP, citing negligence and gross negligence.

According to the lawsuit, the man was working for Wyatt Field Services at Marathon’s Texas City refinery when the accident occurred. While de-isolating a flare line, an explosion erupted, severely burning the worker. The victim remains in critical care at the Blocker Burn Unit at the University of Texas Medical Branch in Galveston.

The worker is seeking an undisclosed amount in damages in the lawsuit.

If you have been seriously injured at work, contact our Austin workers comp attorneys today. We work on a contingency fee basis, meaning that we collect no attorney fees unless you receive compensation.

Allison & WardAustin Workers Compensation Attorneys

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Baylor University Construction Worker’s Family Files Wrongful Death Lawsuit

The family of a construction worker killed in January while working on Baylor University’s new football stadium has filed a wrongful death lawsuit against the university and several construction companies, according to The Waco Tribune.

The 55-year-old construction worker drowned on January 28 after a hydraulic lift he and another worker were strapped to slipped from a modular barge and fell into the Brazos River. The other worker was able to free himself after the lift went into the river, but the 55-year-old was not. Divers found the 55-year-old’s body still strapped to the lift over four hours later.

Allison & Ward has helped Austin families get justice since 1978. Contact us today at (512) 474-8153 for a free, confidential, no-obligation consultation about your case.

Allison & WardAustin Workers’ Compensation Attorneys

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East Texas Family Files Asbestos Exposure Lawsuit

The family of a man who died after he was allegedly exposed to asbestos has filed a lawsuit against Texaco and Chevron.

According to the Southeast Texas Record, Mignonne Patterson, the spouse of the deceased Morgan Patterson, filed the lawsuit on March 5 in the Jefferson County District Court.

Defendants named in the lawsuit include Texaco Inc. and Chevron USA Inc., companies that allegedly exposed Morgan to asbestos.

Mignonne claims in the lawsuit that Morgan was employed by Texaco at its Port Arthur facilities and was exposed to toxic materials, including asbestos.

Asbestos exposure, whether direct or second hand, can result in mesothelioma and other forms of cancer, including colon cancer, stomach cancer, throat cancer or kidney cancer.

Our firm has the ability to investigate a person’s work history and determine if he or she was exposed to asbestos at any point during his or her career. If you have been diagnosed with mesothelioma, contact our firm today at 1 (888) 637-6347 to schedule a free and confidential consultation.

Cappolino Dodd Krebs LLP – Mesothelioma attorneys

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Police Arrest Over a Dozen Drunk Drivers on Austin’s No-Refusal Night

On the night of March 5, Austin police arrested and charged 17 people for driving while intoxicated. This was part of the “no-refusal” initiative that coincided with Mardi Gras celebrations in Austin. The no-refusal period lasted from 9 p.m. Tuesday until 5 a.m. Wednesday. While drivers can refuse breathalyzer tests to determine their blood alcohol content (BAC) levels, police can get warrants to take blood tests from those who refuse the breath tests. Judges remain on call during no-refusal periods in order to sign warrants that allow police to obtain blood samples from drivers they suspect of being intoxicated.

If a drunk driver caused your car wreck, even if you are the victim of a hit-and-run accident, we can help. Contact our Austin injury lawyers at (512) 474-8153 for free advice from an attorney that handles personal injury cases.

Allison & WardAustin Personal Injury Attorneys

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East Austin Neighborhood Residents Concerned Over Asbestos Abatement Project

A number of people in an east Austin neighborhood are raising concerns over a demolition project that they fear will place asbestos fibers in the air.

According to KTBC, a vacant building near Fairway Street and Montopolis Drive is being demolished by a local company, which contracted out an abatement company to get rid of old asbestos from the building.

Danny Perez, the President of the Montopolis Neighborhood Association-El Concilio, told KTBC that he believes the building’s asbestos fibers are leaking into the air. Perez said that he is worried that people in the neighborhood are going to get sick.

Asbestos exposure, whether direct or second hand, can result in mesothelioma and other forms of cancer, including stomach cancer, throat cancer or kidney cancer.

If you or someone you love used or worked around asbestos-containing products and have been diagnosed with mesothelioma, you may have legal options for compensation. Contact our firm today at 1 (888) 637-6347 for a free, no-obligation consultation.

Cappolino Dodd Krebs LLP – Mesothelioma Attorneys

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