Workers’ Comp: Construction Site AccidentsWorkers’ Comp: Construction Site Accidents

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyer principal office in San Antonio

The “Ins and Outs” of Workers’ Comp in Crane Accident Cases

Thanks to our lawmakers (and insurance company lobbyists) understanding workers’ comp laws is not as easy as it once was. No business in Texas is required to purchase workers’ comp insurance. So, workers’ comp injury matters are divided into two distinct types that require totally different methods and strategies to resolve. Employers who carry worker’s comp are known as subscribers. Those who don’t are non-subscribers. In order to know how to proceed with your claim, you must first determine whether or not your employer, the first target of any workplace injury claim, is a subscriber or a non-subscriber. More Information here
Workers’ comp benefits come out of a “pool” of funds provided by private insurance carriers that participate in the program. This pool protects subscriber-employers from lawsuits, but generally disregards the full civil rights of employees to be fairly compensated unless the employer is grossly negligent. These compensation limits, or “caps,” severely limit the monetary benefits an injured employee can receive.

If your employer subscribes to workers’ comp, it delivers some compensation when you are injured on the job site. It’s basically “no-fault” insurance because those covered by workers’ comp are automatically reimbursed, no matter how the accident occurred or whose fault it was. But many times the money you receive doesn’t cover the actual expenses of an on the job injury. We’ll explain why that is and what we can do about it in a bit.

But in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit. Fortunately for the injured party, most of the lower standards of proving workers’ comp subscriber negligence also apply in non-subscriber civil cases in Texas. So it’s much easier to assess true liability to a non-subscribing employer, general contractor or subcontractor for crane accidents on the job site. We’ll also talk about negligence when it comes to workers comp subscribers’ in a minute because that’s a very important exception that might dramatically benefit your case.

Since construction is such a dangerous industry, especially when cranes are involved, you’d think all companies would be smart and purchase workers’ comp insurance just because it’s moderately less-expensive than traditional liability insurance. But so many employers will roll the dice and take the risk of not subscribing to workers’ comp. Then, when an employee’s injured, they try to avoid a lawsuit by offering to quickly pay you the benefits normally received from workers’ comp and ask you to sign what they may represent as a “general liability release” in order to further their deception and evade a lawsuit.

This is one of many reasons why you need an experienced Texas crane accident attorney to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have identified the nature of your employer’s worker’s compensation standing, our attorneys will know how to represent you.

An experienced construction accident attorney with our Law Firm will help you deal with your challenging crane-injury case anywhere in Texas. We have spent over 30 years accumulating the expertise and skill you desperately need to help win the compensation you deserve. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.


Traffic Ticket Law –Traffic Ticket Law –

This Blog was brought to you by the Traffic Ticket Lawyer San Antonio Gordon Slade 210-820-3033

Speeding Myths and the REAL Truth, Speed Kills!

Does Speed Kill? This popular slogan suggests that the lower the speed limit is set, the more safety will result. If this were true, the U. S. Interstate System would have the worst, not the best, safety record. Instead, Interstates have the highest speed limits, the highest operational speeds, and the lowest fatality rate in America (0.88 fatalities per every 100 million vehicle miles traveled). Roadway design and use should be part of every speed setting discussion, and debate about speed limits should distinguish between speed causing a crash and speed influencing injury severity once a crash occurs. Safety statistics vary greatly according to roadway class. Local roads normally have the lowest posted speed limits and have the highest fatality rate of any roadway. According to the NHTSA Fact Sheet, only FOUR percent of ALL fatal collisions are “speed-related.” And just what is a “speed-related” collision? It could mean speeding… driving too fast for conditions… driving too SLOW for conditions… improper lane usage… illegal turn… running a red light or stop sign… or just about anything else. Not just speeding. Speed never kills. NEVER! Think about it like this… A guy decides to go skydiving. He goes up on a plane. He jumps out the side. His parachute… didn’t! He falls… fast! REALLY FAST! Does he die? No. He’s just fine. (Okay, he’s terrified)… But he’s doing an excellent job of falling. At least until… that pesky ground stops his fall. He dies. Why? Falling too fast? NO! He died because he stopped too quickly. If he had slowed down… before impact. He’d be fine. BUT NOOOO! He just had to stop the quick way. The same thing is true for driving. The impact isn’t too bad. The speed isn’t too bad. It’s the sudden stop at the last instant. Collisions kill. Not speed. A vehicle moving at 100 MPH can stop in about 10 seconds. No problem. It can stop in 5 seconds, but the occupants might need to wash an extra laundry afterward. Still, there are no deaths. But, in a collision, it will stop in about half a second. Generally speaking, this will not be very healthy. “What!” you say. “That’s just plain stupid… It doesn’t make sense…” Okay, how about this… Kelly is in a car moving at 0 MPH. It isn’t moving AT ALL. A train is moving at 20 MPH when it hits her car… How well does Kelly fare? Hate to say it, but she isn’t feeling too well. BUT THAT’S A TRAIN… Okay, how about this? Two cars are driving at 205 MPH. Car one hits car two… what happens? Ricky Martin’s spoiler gets bent, and Jeff Gordon goes on to win the Daytona 500! These cars move at speeds over 150 MPH all the time… Yet, the fatality rate of race car drivers is MUCH lower than that for average drivers. Why? They are all… MOVING AT THE SAME RELATIVE SPEED! It is differences in relative speed which affect impact damage IN A COLLISION. Find more about Traffic Violations here:
This is why a head-to-head collision is so much worse than a side-swipe. Once again… No Collision… No Death. RELATIVE, NOT ACTUAL SPEED, determines fatality in a collision. I told you about this myth to encourage you to fight against your speeding ticket. If speed doesn’t kill, if speed isn’t about safety… Why should you pay that fine? You Should NOT! DO NOT pay it; fight it. The worst that can happen with a ticket is I lose my license or pay a fine. Big Wrong… you could go to jail. That’s right… do not pass go… do not collect $200 (but you might PAY that!. Most states have a three-month jail term as a possible penalty for speeding. It is, after all, a criminal offense. Even though you could end up in jail…. Are you a bit more interested in protecting your rights now? The officer MUST show me the radar… Here’s another big myth. The Supreme Court decided (wisely) that an officer must have due regard for personal safety when deciding whether to allow a person entry into his vehicle. It is a twist away from the normal stance on vehicle privilege.
Normally, the High Court asserts that a vehicle is “publicly” open concerning privacy issues. But, they reverse a bit regarding officer (but not public) safety. Thus, an officer can claim he did not want to let you into his vehicle due to his need for safety. Besides, unless the officer is just a plain liar (not unheard of), the radar probably shows the speed he claims. Radar is VERY accurate, usually within 1 MPH, sometimes within 1/10 of a MPH. But the officer isn’t. He could have gotten a bad reading, hit the wrong target, or purposely introduced errors… all sorts of bad results can (and usually do) result from a bad speed measurement.

But the radar display is just fine. In other words… #1: Don’t question the radar; question the officer’s use of/ability with the radar. #2: Don’t do it on the side of the road; wait until the court date. And, of course… this also assumes the officer was USING radar… something he doesn’t need to do. I agree that an officer doesn’t have to let someone enter their vehicle. However, as outlined, why should you pay for an incompetent officer who can’t use the radar? You Should NOT! Speed limits are designed for safety… You have GOT to be kidding! The national speed limit was set for one purpose – to save gasoline. Remember those long gas lines during the oil embargo in the late ’70s? President Carter came up with a few ideas on how to save gas… one was to set thermostats to 76 instead of 72. Another… to enforce a 55 MPH national speed limit. A 55 MPH “limit” was enacted in 1973 under the Nixon administration… To back up the 55 MPH speed limit, “data” was used to show that reduced speeds showed a trend toward reduced fatalities. DUH! A slower-moving vehicle is less likely to suffer damage… But, no direct correlation has been linked between collision FREQUENCY and higher speed. Only going faster means a higher chance of death IF a collision occurs. And more so, even the Federal government admits that most “speed-related” fatal accidents also involve… DRUNK DRIVING. Here’s what the government says… “In 2001, 43 percent of the intoxicated drivers (BAC = 0.10 or higher) involved in fatal crashes were speeding, compared with only 14 percent of the sober drivers (BAC = 0.00) involved in fatal crashes. “Well, There’s a no-brainer for you! 86% were DRUNK! They didn’t die because they were speeding… They were drunk! DRUNK DRIVING killed them… not speed. Collisions involving speeding drunk drivers are classified as being caused by… speeding. But, guess who helps to gather “reliable” traffic data…. aside from the police, that is… INSURANCE COMPANIES… and what do they make by having lower speed limits … MONEY. Speed limits are set based on “the average” driver’s speed, Nope. There is a nice little requirement created by the United States Department of Transportation called… The 85th Percentile. A word about 85th percentile speed is in order. Traffic studies have shown that speed on a roadway resembles a bell-shaped curve. The difference between the average and 85th percentile speeds can determine the standard deviation. The difference contains 35 percent of the distribution. “Put simply, the 85th percentile speed is the speed most people drive. BUT… most limits are lower than this number by about 10 MPH. Further, conclusive studies by the NHTSA show that most people “drive at a speed at which they feel most comfortable.”
And it also shows “Fines do not deter drivers from their ‘driving comfort zone. ‘” And even the National Highway Traffic Safety Administration admits… “Various studies seeking to prove that the 55 mph limit has had a long-term positive effect on highway safety have come up with mixed results. Given the present federal law, however, more than local considerations are at stake whenever a police administrator considers a speed enforcement program because a state has much to lose by not complying with federal law and regulations. “Money, not safety, is the primary reason for speed compliance programs… Speeding tickets = MONEY And, there is more…. Manual On Uniform Traffic Control Devices – Section 2B-10 (1988) When a speed limit is to be posted, it should be the 85th-percentile speed of free-flowing traffic, rounded up to the nearest 10 km/h (5 mph) increment. Gee… The States and local governments break the law by posting invalid limits and then want us to comply with the invalid limits. Nice, huh? This myth makes me the angriest. Why aren’t the speed limits set at average? It’s all about money. I won’t stand for it, and you shouldn’t either. Fight the good fight, and show the government you won’t lie down like a dog. You will fight against this unfair ruling.
More Interesting Articles Here:


Personal Injury Attorney: Broken BonesPersonal Injury Attorney: Broken Bones

Personal Injury Attorney: Broken Bones

Have you suffered a broken bone in an accident caused by the carelessness of others?

There are many accidents in San Antonio, every single day, which results in broken bones. A broken bone injury is one of the most severe non-life-threatening injuries a person can endure. If treated incorrectly, the bone may not heal properly which can forever alter the ability of the victim’s limb or that portion of their body. Additionally, broken bones are extremely painful.personal injury - broken bones

Types of fractures

The adult body has more than 200 bones all of which are subject to fracture under the right circumstances. The types of breaks that the human skeleton may incur as quite varied as well, including Single Fracture, a single fracture occurs when a bone is broken in a single location. Complete Fracture. a complete fracture occurs when the bone breaks into two separate pieces. Bending Fracture, a bending fracture occurs when the bone bends without actually cracking. This rarely happens in adults because our bones become rigid and brittle. However, children experience this quite often as their bones are more pliable. Hairline Fracture, a hairline fracture occurs when the break is extremely thin and the bone has not broken all of the ways through. More information here @

This is very similar to a teacup that has a noticeable crack but does not leak. Greenstick Fracture, When the bone bent and the outer radius of the bend (the side of the bone in tension) is broken, but the inner radius (the side of the bone in compression) is only bent, but not to the point of breaking. This is a common occurrence in child injuries, but not as common with adults as the bone usually breaks without as much bend. Open Fracture When the bone breaks and is misaligned as to punch through the skin. This type of broken bone usually only occurs under conditions of tremendous stress such as those common in a car accident or falling accident.

If you or a loved one has suffered from a broken bone due to the negligence of others, our Texas attorneys can help you get all that you are entitled to. Insurance companies love to drag a claim out as long as they can (that way the money sits in the bank earning interest). Meanwhile, you may not be getting the healthcare required to make certain that your bone heals properly with no long term side effects. The experienced San Antonio personal injury law attorneys in our firm can help you.

Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us @

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