“Workplace accidents can have lasting consequences. Trust J.A. Davis & Associates, your local Texas work accident injury lawyers, to handle your case with the attention and care it deserves.”

WORKPLACE INJURY / WORKERS’ COMP LAW

Your Opponents Fight Very Hard in a Workplace Accident Liability Case
In all non-subscriber and third-party workplace injury claims, defendants usually have large insurance companies and many attorneys to oppose them. They have sneaky, underhanded adjusters to thwart your claims and work behind the scenes to deny you. They also have attorneys either on staff or on permanent retainer. They are very skilled at defending insurance companies from people who try to sue them. Insurance companies are in the business of collecting high premiums and then avoiding paying claims. They are aggressive and intimidating from the start. But they don’t scare an experienced local work accident attorney like those with our Law Office. We’ve seen their tricks and know how to cut them down to size.
But if your employer is “self-insured” or uninsured, they’ll fight just as hard to avoid paying for your injuries. These people are a lot more dangerous to your legal rights and maybe even pose a direct threat to you and your family’s physical well-being. They’re a different animal altogether. Insurance companies have at least some semblance of a code of ethics and oversight. None of these concern self-insured or uninsured employers. So with them, the gloves come off. They resort to anything that will work for them once an injured employee takes legal action to recover damages. Some of their tricks are shameful at best. Others are utterly illegal.

If you seek a settlement from an officer of the self-insured company or maybe even directly from your employer if it is a small company. In either event, the salary of whomever you deal with is likely tied directly to company profits. Any damage paid to you for an injury comes directly from company coffers. So by compensating you, your employer takes money out of his pocket. We are rarely surprised when a sneaky, self-insured company officer uses any means to deny your claim to protect his company’s (and his personal) assets.
Remember that construction accident guy who bought that safety harness? We see that in uninsured employers rather often. Self-insured companies can deliberately dispose of evidence and bribe or intimidate witnesses. They sometimes resort to physical threats against you or your family. This is why every time we represent a client against a self-insured company, we file motions in court that prevents anyone with the company from behaving improperly against our clients. Sometimes these motions include a clear demand that they do not attempt to communicate with our clients in any way without one of our attorneys present.

OSHA Is of Little Use in an Injury Liability Claim or Legal Case

You are probably familiar with this government organization, the Occupational Safety & Health Administration (OSHA). This federal agency maintains minimum standards of safety for all American employers. You might think OSHA will help you attain compensation. Nothing could be further from the truth. OSHA does not file lawsuits on behalf of injured employees. All it does is oversee the work environment in the U.S., crunch numbers and assess fines. And for the past 20 years, OSHA regulations and the fines levied for employer non-compliance have lost most of their teeth. OSHA fines were set long ago and no longer carry the proper financial motivation to convince safety violators to comply with these government standards. Many of these fine amounts were established over 30 years ago. Though they might have encouraged conformity back then, inflation and other economic factors make many OSHA fines little more than a slap on the wrist. A $10,000 fine doesn’t strike fear in the hearts of employers as it did during the Reagan Administration.

Additionally, over the years, OSHA has become more restricted in its actions and investigations due to smaller staff sizes and operational budgets. Today, OSHA has been all but emasculated regarding preventing on-the-job injuries. Furthermore, OSHA cannot make any direct effort to help injured workers secure compensation for the damages inflicted upon them. Only after an accident will OSHA investigate negligence, and their reports are designed to stop future problems, not correct past mistakes or oversights. And though that data might be considered general evidence at a trial, OSHA is an example of closing the barn door long after the cow escapes: when it comes to aiding your compensation quest.

More great blogs on Work Injury Law – Workers Comp here:

https://www.devineandfanning.com/contact-fatal-work-accident-attorneys/
https://www.nancysearerattorneyatlaw.com/is-my-employer-a-workers-compensation-insurance-subscriber/
https://www.prestilaw.com/workers-compensation-what-can-i-do/
https://www.bethkrulewitch.com/workers-compensation-osha-cannot-help-you/
https://www.nbalawblog.com/workers-compensation-what-is-a-contract-employee/
https://www.jdavidmarkham.com/frequent-problems-in-nonsubscriber-work-injury-cases/
https://www.clarkbyarlay.com/workers-compensation-non-subscriber-employers/
https://www.lawofficeofkarenross.com/workers-compensation-law/
https://www.sainilawyers.com/workers-compensation-attorney/
https://www.hensleylawteam.com/legally-pursue-damages-arising-from-an-injurious/
https://www.ftlauderdaledefense.com/workers-compensation-non-subscriber-lawsuits/
https://www.fastinjuryclaims.com/the-complexity-of-workers-compensation-insurance/
https://www.car-accident-lawyers-today.com/understanding-your-rights-after-a-car-accident/