Crane Falls in New York City Accident, Injures 10

 

Pictured above: A scene from the construction site accident in New York City today 

Today, in Midtown East, a freak work site accident left 10 workers and pedestrians injured. Construction was being performed on Madison Avenue between 38th and 39th streets. An industrial air condition was being hoisted by a crane to the top of a building at that location when a cable snapped. The unit fell 28 stories and sheared the side of the building. Falling debris injured two construction workers and eight pedestrians. Luckily the accident occurred over the weekend when there were fewer pedestrians. 

New York Mayor Bill de Blasio stated today that the city would undertake a full investigation in order to understand what exactly caused the accident. Usually construction work this large is done over the weekend when there are less crowds. However, construction-related accidents have recently increased in New York City, prompting residents and officials to try to figure out how to cut back on these types of accidents. Fortunately, in this case, no one was critically or mortally injured. 

Crane Collapse at Construction Site in New York City Results in Death of a Worker

Pictured above: Firefighters at the scene of the accident

More than two weeks ago, on April 24th, a freak crane accident at a construction site in New York City, New York resulted in the death of one worker. The accident happened at the work site of the new 35-story Even Hotel when a crane collapsed and fell on a worker. Police and paramedics rushed to the scene and attempted to extract the worker, Trevor Loftus, but it was too late. It is still unclear why the crane collapsed, but it appears that it might have been due to a cable snapping. Loftus had been checking the mechanical failure when the accident happened. 

According to officials, this particular crane, referred to as a knuckle boom, is unfortunately not regulated or inspected by city as are larger cranes. Furthermore, this accident comes at a time of increased growth and construction for the city, which in turn has seen an increase in the number of work accidents. The total number of construction accidents in the city is at its highest in seven years and this poses problems for both workers on sites and pedestrians walking around or near them. Recently, a pedestrian died after being hit by a piece of plywood that had blown off from a Greenwich Village condo development. These accidents bring into question what the city and contractors need to do in order to ensure the safety of workers and pedestrians. 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Pohl and the other injured worker should consult with an attorney to file a suit against the responsible party once it is found who it is. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

 

Bumble Bee Foods and Two Employees Charged in Death of Worker

Pictured above: The California plant where Jose Melena was killed 

Three years ago, in October 2012, an employee of Bumble Bee Foods, Jose Melena, was performing maintenance in a 35-foot-long oven at a Santa Fe Springs plant in California when he was killed. His co-workers loaded the oven with 12,000 pounds of canned tuna and turned it on. The oven, which reaches 270 degrees, was left on for two hours in order to cook and sterilize the tuna. When the oven was opened, Melena's co-workers found his badly burned and dead body. 

On Monday, April 27, those liable for this preventable accident have been charged. Bumble Bee Foods and two employees - Operations Director Angel Rodriguez and former safety manager Saul Florez - have each been charged with three felony counts of violating Occupational Safety & Health Administration (OSHA) rules that resulted in a death. These charges state that the company and its two employees willfully violated the following rules: that a safety plan be implemented, the rules regarding workers in confined spaces and lastly, the rule that requires there be a procedure implemented that would keep machinery and equipment off if any individual was in it. 

OSHA has previously cited Bumble Bee Foods for failing to properly assess the danger to employees working in large ovens and the company was fined a penalty of $74,000. Their two employees, Rodriguez and Florez, could face up to three years in prison and up to $250,000 in fines if convicted. The company itself faces a fine of $1.5 million. Bumble Bee Foods is currently appealing these penalties, claiming that they had improved their safety record after this devastating accident. 

Legal Commentary
In this situation and the accidents before it, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

45-Year-Old Construction Worker Killed in Crane Accident in Portage, Indiana

Pictured above: Construction workers and firemen at the scene of the accident 

Last Friday, an accident took the life of a worker who was employed on a construction site. The accident happened in the Near North Side neighborhood in Portage, Indiana. Joel Ogiego, the 45-year-old victim, was working on a construction site when, according to officials, he became pinned in a shaft. Mr. Ogiego was working about 60 feet above ground and inside a crane at 4 E. Elm St when a cage descended on him and crushed him.

Mr. Ogiego become unconscious and unresponsive and had to be lowered down before being rushed to Northwestern Hospital. A firefighter on the scene states that the injuries were too traumatic and little could have been done to save the construction worker.

OSHA, the Occupational Safety and Health Administration, is investigating the accident, along with other local authorities. After on-the-job accidents, OSHA is regularly called in to verify whether or not an accident could have been prevented. In this case, authorities are stating that the crane operations involved in the accident could have contributed to the fatality. If OSHA finds that Mr. Ogiego’s employers did not adequately provide safe working conditions, OSHA can issue citations and monetary penalties to the company. Mr. Ogiego’s family may also be able to pursue a civil claim against the employer in question.

 

Legal Commentary
In this situation and the accidents before it, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

One worker killed, two injured in most recent of many construction accidents in Florida

Pictured above: The scene of the accident (Image courtesy of Sun Sentinel) 

One construction was killed and two were left severely injured on Monday at a work-place accident that occurred at a Fort Lauderdale, Florida construction site. The accident happened when a beam that collapsed on the site knocked the three men off a ladder. The workers were building a car dealership at the scene of the accident, which is located at 2601 S. Andrews Ave in Broward County. A witness that saw the accident as it unfolded saw the crane lowering the beam when a critical support gave way and knocked the three men off the ladder and scaffolding they were on.

The accident is currently under investigation by the Fort Lauderdale OSHA department and other city officials. At least five other deaths have occurred in or around Broward County in the past month and a half. These accidents all occurred on the job and many were on similar construction sites as the one that took the life of the as-yet-unidentified victim on Monday. One safety consultant, Al Favale of Deerfield Beach, claims that the increase in workplace accidents, especially those in construction, can be attributed to a booming economy. As the demand for new homes and buildings increase, many workers are pulled into fields and occupations where not enough time is dedicated to training and safety precautions. However, as these past few accidents have shown, an increase in new hires is no reason to not provide a safe environment and adequate training by hiring companies.

Below: The exact location of the scene of the accident: 

 

Legal Commentary
In this situation and the accidents before it, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of the man killed and the other injured workers should consult with an attorney to file a suit against the responsible party once it is found who it is. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.
 

23-Year-Old Daniel Pohl Electrocuted at Mission Viejo High School in Work Accident

Pictured above: Emergency crews at the site of the accident (Pictured courtesy of OC Register

An accident that occurred in Mission Viejo, California on Thursday afternoon left one worker injured and one worker dead. The accident happened at Mission Viejo High School when 23-year-old Daniel Pohl was on top of a 30-foot scaffold attempting to hang a banner on school grounds. As he reached up, his neck touched overhead wires and electrocuted him. He then fell from the scaffolding. A fellow coworker was also shocked by the wires when he tried to help and was severely injured.

State officials, along with California’s OSHA department, have begun an investigation into the accident because according to them, school officials do not know who hired the company that employed the Five Star Construction Company. A spokeswoman for the school district has stated that the company was not hired or authorized by the school district to be on the school’s grounds. Authorities will have to fully conduct their investigation to have a better understanding of how such a tragic accident could have happened.

 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Pohl and the other injured worker should consult with an attorney to file a suit against the responsible party once it is found who it is. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

 

 

Work Accident With Auger Kills Bradley Hogue in Everett, Washington

19-year-old Bradley Hogue, pictured above (Courtesy of King5

Last Monday, a 19-year-old worker employed by Pacific Topsoil of Everett, Washington, was killed in a work site accident. The young man, identified as Bradley Hogue, was working as a part of a three-person team on a residential property when he fell into an auger and died of blunt-force injuries. Hogue had only been working for the company for two days when the accident happened.

Now, his parents are demanding to know why their son had not received proper training and why it took the other crew members five minutes to discover that he had fallen into the auger. The Washington State Department of Labor and Industries has launched an investigation into the accident. The Department remarked that Pacific Topsoil has been involved in five inspections in the past seven years, two of which resulted in citations against the company. Although auger accidents are rare, they are deadly, with seven deaths related to the industrial machinery occurring in 2013 alone.

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Hogue should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.


About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Gruesome Accident on Cell Phone Tower Work Site Leaves One Man Dead

Picture courtesy of WKYT

A horrific accident on a work site on Wednesday afternoon left one man decapitated. The victim, whose name has not been released, was working on a cell phone tower off Kentucky 35 in Harris County when the accident occurred. According to both officials and eyewitnesses, four men contracted by an external company were taking down an old boom from a Verizon tower and bringing up a new one. As they did this, a cable broke, decapitating the now-deceased worker and cutting off his right arm.


Undoubtedly, the gruesome accident left witnesses and rescue crews shocked and in disbelief. It took emergency crews more than seven hours to remove the man’s body from the cell tower. Although it’s not clear how the 1,800 lb. boom fell, an investigation will be conducted. No foul play is suspected but it remains to be seen whether the accident occurred because of a lack of safety precautions or negligence on the part of the contracting company.

Below, the approximate location of the accident:

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Wyoming sugar plant never inspected by OSHA even amid widespread citations

Western Sugar Cooperative, a company that grows sugar beets in numerous states, is under scrutiny after it was found out that OSHA nor the Wyoming Department of Workforce Services had ever inspected their beet-processing plant in Lovell, Wyoming (pictured on the right). The plant was the site of the death of 28-year-old Anfesa Galaktionoff who died in January after falling through a floor opening into sugar beet-processing equipment. 

In the past month alone, the Wyoming Department of Workforce Services slapped the company with 12 citations and about $71,000 in fines. At the time of Galaktionoff's death, there were no adequate guards around floor openings that could have prevented her accident. 

Although Western Sugar had been served citations in other locations in past years, it never triggered concerned for the Lovell facility in particular, leading to the lack of inspections prior to the accident. John Ysebaert, an administrator for the Department of Workforce Services' Office of Standards and Compliance, stated that Western Sugar was expected to improve their safety conditions across all of their facilities. Unfortunately for Galaktionoff and others, management failed to improve working conditions for many of its employees.

 

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Two Bay Area Men Die at Winters Construction Site

 Video courtesy of Sacramento Bee 

Two construction workers working on a bridge site were killed last Friday morning in Winters, California after falling from a crane. The two men were identified as Marcus Zane Powell, 25, and Glenn Hodgson, 49. The two men were in a basket suspended by a crane when the basket, for a yet unknown reason, suddenly fell 80 feet to the ground, killing the two almost instantly. 

The bridge project that the men were working is part of the city's ongoing effort to replace an older bridge. The city had hired Burlingame-based Disney Construction to construct the new bridge and although the company had not faced problems at this particular site up until Friday, they had faced safety complaints in the past. According to Mercury News, Disney Construction was originally fined $4,500 after four serious breaches of safety regulations were found in 2008. In 2006, the company was hit with five safety violations and was forced to pay $1,500. OSHA is currently investigating this accident. 

 Approximate scene of the accident: 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of the two men should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable his family to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firmby sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.


About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

OSHA Finds Serious Violations At Idaho Company After Death of Worker

An OSHA investigation into the death of a worker at Anderson Farms in Heyburn, Idaho that occurred in February has recently concluded. The employee, identified as Antonio Ponce, died on February 11th after becoming entangled in equipment used for cattle feed. After the accident, OSHA found five safety violations, including three serious violations. One of those violations included a failure to establish a lockout/tagout program, a procedure that insures that the proper practices and procedures prevent workers from moving machine parts during servicing and maintenance. According to OSHA, this system prevents approximately 120 deaths and 50,000 injuries a year. Two other serious injuries include a failure to report the death of a worker and failure to keep an OSHA injury and illness blog. Anderson Farms is currently facing a $25,200 fine.

Anderson Farms' Location: 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Antonio Ponce should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable his family to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584. 

 

Freak Saw Accident on Construction Site Injures Female Pedestrian in Hell's Kitchen, New York City

A freak accident occurred this Tuesday morning in New York City that left one female pedestrian severely injured. A massive construction-saw blade came loose at a construction site located in Hell's Kitchen near Ninth Avenue and West 48th Street, and sliced the woman's leg. According to witnesses, the saw disk disconnected from the machine at almost 60 miles per hour, hitting a curb and flying 10 feet into the air before hurting the unnamed female. Although she suffered deep lacerations, she is stable and is expected to make a full recovery. 

An investigation conducted by the city's Department of Design and Construction is investigating how a blade that is used to cut concrete could possibly become disconnected and harm a passerby. Until the investigation is concluded, the site's contractors have been directed to stop using any other saws until all equipment is inspected. 

EMTs transport the woman who was struck in this freak accident by a blade-saw:

The blade that struck a woman in New York on Tuesday morning: 

Images courtesy of NY Post 

Legal Commentary
If an investigation finds that the site contractor or employees were acting in a negligent manner that would have caused such an accident, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace, and motor vehicle accident tragedies. The injured female in this situation should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable the victims and the victims’ families to cover all of the medical and/or final expenses. A successful claim can also cover time lost from work and pain and suffering caused by the injuries received from the accident. Although no monetary value can ever compensate for the trauma and injuries inflicted, a successful claim will allow an individual to be unburdened by medical expenses. If you or a loved one was affected by this or a similar incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the country. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email at mn@fnlawfirm.com or by calling 1.866.705.7584.
 

Worker Injured from Fallen Roof at Apartment Construction Site

On Tuesday April 2, 2014 a collapsed roof injured a construction worker at an Irving apartment project construction site in the 700 block of Lake Carolyn Parkway and O’Connor Boulevard in Las Colinas. The worker had been working on part of the roof of a building that was four stories tall, when the roof all of a sudden collapsed for unknown reasons. The victim was taken to the hospital for treatment.

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous victims and families who suffer from workplace accident tragedies. This worker and his family should consult with an attorney to file a suit against the responsible party. The victim and his family do not want to be burned by unexpected costly medical expenses or suffer from a loss of income. A successful civil claim will enable the victim and his family to cover any costs, or expenses. If you or a loved one was affected by this incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Injured on the Job? Where and how may dictate many of your legal rights

Roughly sixty percent of employers in Texas participate in the state-sponsored Worker’s Compensation System, while the remaining forty percent may use a hybrid version of the state system, offer their own form of benefits, or have no benefits at all.

If you have been injured on the job, it is essential to know where your employer falls on this spectrum. You may verify whether your employer had a worker’s compensation policy on the date of your injury by visiting this page. Note that you may need to search this information by using the formal name of your company, which is frequently the name listed on your paycheck and may include descriptive letters such as “INC., CORP., LTD, etc.”

If your employer is listed as having worker’s compensation coverage, you are entitled to benefits regardless of the way in which your injury occurred. These benefits, however, will not always total 100% of your earnings and may be your exclusive financial remedy. Still, your employer is legally required to provide you with access to adequate medical treatment and may not terminate you while you are out on worker’s compensation leave.

If your employer is listed as having worker’s compensation coverage you may be entitled to receive additional benefits beyond those typically afforded by the worker’s compensation system if a third party’s negligence contributed to your injury in any way.

If your employer is not listed as having worker’s compensation, you may be required to show that an act of negligence contributed to your injury. Negligence can occur in many ways, such as a failure to supervise, insufficient training, or by a critical omission.

If you have suffered an injury on the job, understanding the full extent of your rights is complicated. Before you accept any “deal” offered by your employer or before you are lead to believe that there is little to be done for someone in “your situation,” contact the personal injury attorneys at Fears | Nachawati for a free consultation by calling 1.866.705.7584 or send an email to the lead worker’s compensation attorney at mn@fnlawfirm.com.

Ruben Pugo-Garcia Killed While Inspecting a Manhole

On Wednesday December 18th 32-year-old Ruben Pugo-Garcia and another worker were performing an inspection of a manhole that afternoon in the 14400 block of John Day Road in Fort Worth. A gold Ford Thunderbird driving northbound failed to see the workers and struck Garcia and their work truck. Garcia was pronounced dead at the scene of the accident and the other worker was transported to John Peter Smith Hospital with serious injuries. 

Legal Commentary
Unfortunately, workplace fatalities and injuries happen all too often, especially when it involves working around motor vehicles. In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace, and motor vehicle accident tragedies. The worker and the family of Ruben Pugo-Garci should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable the victims and the victims’ families to cover all of the medical and/or final expenses. A successful claim can also cover time lost from work and pain and suffering caused by the injuries received from the accident. Although no monetary value can ever compensate for the life of Ruben Pug-Garcia, a successful claim will allow the family to be unburdened by medical expenses, giving them more time to focus on the grieving process. If you or a loved one was affected by this incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Sam Kane Beef Employee Severs Arm

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On December 30th, 2013 an employee of Sam Kane Beef near Clarkwood Road in Corpus Christi was involved in an incident which cost him most of his arm. As he was working one of the meat cutters to separate meat from muscle of some of the product when somehow his arm was caught in the machine, completely severing it at the elbow. The victim and his arm (which paramedics were able to get on ice) were immediately transported to the hospital. It is still unknown if the doctors can reattach it.

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. This employee and his family should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable the victim and his family to cover the medical costs, or expenses. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Construction Worker Lewis Winston Killed on Interstate-37

On Wednesday December 18th around 5:00 am a 36-year-old construction worker, Lewis Winston III was hit by a car and killed while he was working in a construction zone along the Highway. He was working in San Antonio on the southbound lanes of Interstate 37 near Loop 410 collecting signs in the construction zone. He was hit by 23-year-old Isaac Nathaniel Diaz who was driving a 2003 Chevrolet Cavalier. He told police that a Toyota Camry shifted lanes in front of him, suddenly cutting him off. Diaz attempted to steer to the shoulder to avoid the wreck but lost control of his vehicle, hit Lewis Winston then slammed into the retaining wall. Winston died a short time later at the scene. Below is a map of the approximate location of the accident:

 


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Two Workers Killed in Southern Texas by an Oil Storage Tank

Most get into a habitual routine each day; drive to work, work, eat lunch, work, and drive home. This routine is common for most full time workers. No one expects to go to work, never to return home. Work accidents are always sudden, unexpected, often tragic, and unfortunately quite common. On Sunday December 15th two workers employed by Tarsco Inc. (a subcontractor for Trafigura) were killed by the collapse of an oil storage tank owned by Trafigura. The accident occurred on Southern Minerals Road near I-37 Just outside of Corpus Christi, TX. Around 3 PM on Sunday these two workers, Andres Olivarez (57) and Colton Huff (19), were welding a metal lid on top of the structure near the I-beams. These beams suddenly collapsed causing Olivarez and Huff to fall 60 feet and the oil tank to fall after them. Both workers died at the scene. Below is a map of the approximate location of the accident:


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Pedestrian Max Mitchell Killed by a Garbage Truck

Every week garbage trucks visit our neighborhoods. Their trash routes are very routine and normally uneventful, except for the occasional dropped trash bin. However routine a garbage man’s route is, accidents can always occur. Many were shocked and saddened by the sudden and accidental death of one of Coleman’s own residents. Max D. Mitchell was killed by a garbage truck on Thursday December 12, 2013. The accident occurred on U.S. Route 80 near Bandera Park Drive (below is a map of the approximate location of the accident). Around 10:40 AM that morning the driver, accidentally backed over the pedestrian Max Mitchell—he was declared dead at the scene.


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Police Officer Hit by Passing Vehicle While at the Scene of Traffic Accident

On Thursday December 12, 2013 a police office in Tyler was hit by a passing vehicle at the scene of another minor traffic accident. The second officer had just arrived at the scene of the accident when he was clipped by a passing car. The officer suffered injuries from the hit. The accident occurred on Broadway Avenue just north of rice road. Below is a map of the approximate location of the accident.


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Collision of Athens Independent School District buses

On December 11, 2013 two school buses from the Athens Independent School District (AISD) collided after school on Wednesday. Both buses were filled with unsuspecting students who were taken to the emergency room to be evaluated after the accident. Unfortunately the driver of one of the buses needed to be transported to East Texas Medical Center because of injuries.

Legal Commentary
Automobile accidents are very common and extremely unfortunate for those involved. However they seem to be even more tragic when they involve innocent children--especially two entire buses full. In this scenario a potential civil case could benefit those families with children who may have received injuries from the accident. Although it is not yet known who was at fault in this accident, the victims’ families could file a civil claim against the school district. From a civil standpoint, our firm has represented numerous families involved in motor vehicle accidents. The families of these children and the drivers should consider consulting with an experienced attorney to file a personal injury claim against either the school district or the person at fault. A successful civil claim will ensure the injured children and/or driver(s) will receive support for the unexpected medical expenses they incurred and for the pain and suffering from their injuries. It will enable the families of the victims to pay off these costly medical bills without being burdened by out-of-pocket expenses. For more questions or a free consultation please contact the experienced Personal Injury attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, wrongful death cases, workplace accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous motor vehicle accidents through trial and settlement that have brought seven and eight figure confidential reward settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with automobile accidents and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by sending an email to mn@fnlawfirm.com or by calling 1.866.705.7584.

A Four Story Fall Kills Angel Garcia at the Texas A&M Kyle Field Construction Site

A 25 year old man Angel Garcia tragically passed away from an incident at a construction site where he was working. He fell four stories while he was working at the Kyle Field construction site on Texas A&M stadium. Garcia was working for Lindamood Demolition when he fell from the north end of the stadium around 11:25 am on Tuesday. After the fall he was quickly taken to St. Joseph Regional Health Center in Bryan, but the attempt to save him was futile, unfortunately he did not survive his major injuries. After this accident the job site was shut down.

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Two Workers Thrown From a Truck Were Injured at a Triple B Services Construction Site at 1400 Main Street Just Off Highway 35


On Saturday, November 16, 2013, a 911 call was made around 2:35 p.m. reporting an accident involving construction workers. Two workers from Triple B Services were injured as they were thrown from the back of a pick-up truck at a construction site near State Highway 35 and Main Street. The two workers were sitting in the back of the moving pick-up truck when the driver was distracted by a near backhoe working at the scene. This distraction caused the driver to plow into a nearby dirt mound. Because of the speed at which the truck was driving, it was thrown into the air. When police arrived they find both workers lying on the ground at the scene. Soon after EMS arrived and both injured workers were taken to the hospital, one went to Memorial Hermann Southeast, and the other was taken to Memorial Hermann Downtown. Fortunately both workers were eventually released 48-72 hours from the incident and both returned to work. Below is a map displaying the approximate location of the accident: 

 


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Legal Commentary

Unfortunately, workplace fatalities and injuries happen all too often, especially when it involves the use of motor vehicles. In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace, and motor vehicle accident tragedies. These two workers and their families should most definitely consult with an attorney to file a suit against either the driver, or the construction company who employed the driver. A successful civil claim against the driver of the vehicle or the construction company will enable the victims and the victims’ families to cover all of the medical expenses. A successful claim can also possibly cover the time lost from work and any pain and suffering caused by the injuries received from the accident. If you or a loved one was affected by this incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

 

About the Author

 Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Oscar Alfaro Killed in Liberty County Workplace Accident at Scrap Yard

Oscar Alfaro, 55, was killed in a workplace accident in a scrap yard at 10:00 a.m. Wednesday, October 23, 2013. The accident occurred when a bucket loading tractor was moving scrap and the boom pinned Mr. Alfaro against the stabilizer leg. According to the Liberty County Sheriff’s Department, a piece of metal was hurled into the cab and pinned down a pedal; causing the boom to swing. Mr. Alfaro was pronounced dead at the scene. Legal information about this accident can be emailed to us here.

 


Below is a map of the area where the accident took place:

 


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Legal Commentary

Unfortunately, workplace fatalities and injuries happen all too often. In this situation, the most prevalent legal matter to pursue is that of a civil case.
From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Mr. Alfaro should most certainly consult with an attorney to file a wrongful death claim against Mr. Alfaro’s employer. While no dollar amount will reverse the death of Mr. Alfaro, a successful civil claim against this company will enable Mr. Alfaro’s family to cover all of his medical and final expenses; leaving them more time to focus on the grieving process during this difficult time for them.

Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, workplace accidents, automobile accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Truck Explosion at Fort Worth Tank Works Injures Two Employees

On Wednesday, August 28, 2013, two employees at Fort Worth Tank Works sustained burn injuries when a tanker burst into flames near them. According to Battalion Chief Richard Harrison, the employees were purging a tank when the tanker truck beside to them exploded. The tanker that blew up appeared to be used for transporting fuel. The Fort Worth Fire Department arrived within minutes and quickly extinguished the flames, while the injured employees were transported via MedStar with burns to their hands and faces. At present, names of the injured employees have not been released, nor has the status of their current conditions. Investigations are still underway to determine precisely what caused the explosion. Below is an image of the location where the accident occurred, shortly after the Fort Worth Fire Department arrived: 

Image courtesy of wfaa.com

Below is a map indicating where the explosion took place: 


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Legal Commentary

It is important that the burn victims in this accident receive adequate compensation for their injuries. Unlike the typical bone fractures, joint, or muscle injuries that sometimes occur in on-the-job accidents, burn injuries, depending on the severity, can take several months, if not years, to completely recover from. Considering these victims were burned on their hands and faces, they could be forced to take a leave of absence from their jobs for a substantial amount of time before their hands are fully functional and able to complete daily tasks, and their faces are healed enough to withstand everyday elements (i.e., wind, heat, cold, etc.) These victims should consult with an experienced personal injury attorney to ensure that they are not burdened with the costly, unexpected medical bills that will accompany the painful treatments, therapy, and/or skin grafts that lie ahead of them. If you or a loved one has been directly affected by an accident similar to the one mentioned above, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and representation needed to successfully pursue a claim against the responsible party. For more information, contact us here or call our office at 1.866.705.7584.

About the Author 

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile. 

Sebastian Sanchez, 30, Killed in Construction Accident at 3014 Lubbock Ave. on TCU Campus

 On Monday, August 26, 2013, 30-year-old Sebastian Sanchez was fatally injured while working on a construction site at the campus of Texas Christian University, when a chimney fell on him. The accident occurred during the demolition of a property, located at 3014 Lubbock Avenue. Sanchez was transported to Texas Health Harris Methodist Hospital Fort Worth, where he died on Tuesday at approximately 1:30 a.m. Below is a map regarding the location where the construction accident occurred: 


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According to the Bureau of Labor Statistics, of the 4,206 employee fatalities that occurred in the private industry in 2010, 774 (18.7%) alone were in construction. The leading cause of death of workers in the construction industry were falls, followed by electrocution, struck by an object, and caught in/between. These “Fatal Four” were responsible for approximately three out of five (56%) construction laborer deaths in 2010.

Legal Commentary

In an on-the-job fatality such as the one mentioned above, it is important that the family of the deceased victim demand an investigation of this accident from the company in which Sanchez was employed, as well as file a civil claim for the wrongful death of their loved one. A thorough investigation into the accident will better identify who exactly was at-fault for the fatal injuries Sanchez sustained, as well as determine if, or which, of the company’s safety standards and the U.S. Department of Labor’s OSHA regulations were violated at the time of the accident. It is important for the victim and/or the victim’s family to consult in an attorney in an on-the-job accident, to ensure that every detail of the accident is analyzed, and to develop the best course of action that will yield the greatest amount of compensation for damages and losses. If you or a family member have been adversely affected by a work accident, the experienced work injury attorneys at Fears | Nachawati Law Firm can offer you the legal guidance and representation needed to successfully pursue a claim. For more information, contact us here or call our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at  1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Ruptured Gas Well Casing Injures Employee

At approximately 6 a.m. on Thursday, July 25, a casing in a gas well ruptured near SE County Road 3100, just outside Corsicana, according to the Navarro County Emergency Coordinator, Eric Meyers. One person was injured in the incident; however that person’s condition is unknown, commented Meyers. Approximately four gallons per minute of a combination of drilling mud and injection fluid are currently leaking from the well, owned by Obrien Energy. The fluid is currently being captured in a nearby retention pond. The well was about 75 percent completed when the incident occurred, and crews are currently working to cap the site, added Myers. No natural gas is leaking above ground from the well, and no fires have evolved as a result of the rupture.The Railroad Commission is on site, and Texas Commission on Environmental Quality is en route. Below is a video that further elaborates the accident; courtesy of WFAA. 

 

 

Do you have a loved one who works in the oil fields, either on land or in the Gulf? They should know the risks they face and their legal right to a safe work environment. If they’re injured, they should fight back. The Fears | Nachawati occupational injury experts can fight for their safety and secure the justice they deserve. Call us at 1.866.705.7584 for a free consultation.

About the Author Attorney 

Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims injured on the job. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum, and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email and mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is also featured at his Super Lawyers Profile

Juan Antonio Garcia- Hernandez Killed By Piece of Iron in Port of Port Arthur

Juan Antonio Garcia- Hernandez Killed By Piece of Iron in Port of Port Arthur

Juan Antonio Garcia-Hernandez, a contract worker from Orange, Texas, was killed yesterday when he was struck by a 10-foot piece of angle iron that fell from 40 feet above him. At the time, Garcia-Hernandez was contracted by Mason Construction on a job site located in the area of the Port of Port Arthur. The area in which the accident occurred was leased by an overseas company called German Pellets.

The accident occurred early Wednesday morning, when contractors were busy building silos. A manlift, operated by JLG Manlift, was also assisting the contractors in building the structure when it became stuck and switched to safe mode. As workers attempted to free the manlift, a piece of angle iron was catapulted from the basket of the manlift and struck Garcia-Hernandez. Workers had roped off a zone for the manlift but the piece of iron had fallen outside of that area when it hit Garcia-Hernandez. He was quickly transported to Christus Hospital – St. Elizabeth but the severe injuries to his upper body were too much and Mr. Garcia-Hernandez unfortunately passed away. Our condolences go out to his loved ones.

 

 Legal Commentary - Majed Nachawati - Author 

Workplace injuries are common, but are especially tragic when a worker dies due to the negligence of others. With an accident like this, we must ask ourselves: who is to blame? Several individuals and companies could be at fault: Mason Constrcution, who contracted Garcia-Hernandez and placed him in unsafe working conditions; German Pellets, who leased the property and who did not ensure safe working conditions; or JLG Manlift, for hiring an incompetent manlift operator. Another question we must ask ourselves is whether the manlift was fully operational and working properly at the time. Why did it become stuck in the first place? Lastly, Mr. Garcia-Hernandez was outside of the zone when the iron struck him. Was the exclusion zone not properly sized?

These are all questions that an attorney can help family members answer in the aftermath of a workplace death. On many construction sites, contractors and property owners skimp out on the proper safety measure because they would much rather have employees working than giving them the time to ensure that safety precautions are made. A smaller exclusion zone could have been put in place in order to give workers more space to work, but in the process, a worker loses protection on a job site.

With so many parties and variables involved, time is of the essence. The family of Mr. Garcia-Hernandez should seek legal counsel and representation as soon as possible before all parties involved attempt to mitigate this tragedy and demote it to nothing more than a simple accident. Grieving families will want justice for their loved one and an attorney can ensure that the proper and unbiased investigations take place immediately before any insurance companies attempt to downplay this unfortunate accident.

Inquiries, legal information, statements and questions relating to this workplace accident can be sent to my law firm by email submission here or by calling 1.866.705.7584.

 

About the Author: 

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.

 

Felipe Saiz and Juan Manuel Estrada-Duarte Killed in Oilfield Accident in Howard County

Felipe Saiz and Juan Manuel Estrada-Duarte - Oilfield Workers Involved in Deadly Accidents 

Felipe Saiz and Juan Manuel Estrada-Duarte, two oilfields workers from Big Springs, were both fatally injured in two different oilfield accidents last week. On Wednesday at around 10:15am, a drilling rig partially collapsed, killing 40-year-old Felipe Saiz in the process. The rig was owned by Heartland Drilling of Abilene and although it is unknown what caused the accident, it can be assumed that negligence on the part of Heartland can be blamed. A day later, Juan Manuel Estrada-Duarte, 59, died after a heater treater rolled Felipe Saiz and Juan Manuel Estrada-Duarte - Oilfield Workers Involved in Deadly Accidents

Felipe Saiz and Juan Manuel Estrada-Duarte, two oilfields workers from Big Springs, were both fatally injured in two different oilfield accidents last week. On Wednesday at around 10:15am, a drilling rig partially collapsed, killing 40-year-old Felipe Saiz in the process. The rig was owned by Heartland Drilling of Abilene and although it is unknown what caused the accident, it can be assumed that negligence on the part of Heartland can be blamed. A day later, Juan Manuel Estrada-Duarte, 59, died after a heater treater rolled over him and pinned him against another treater. Employees at the time were preparing oil for a large transport with the heater treater when the accident occurred. Estrada-Duarte was extracted from the treater, as the company did have the proper extraction equipment on site, but their efforts were too late and the valued employee died from his fatal injuries.

Given that these two accidents occurred within a day of one another, an investigation by OSHA, the Occupational Safety and Health Administration, is expected.

 

Accident Investigation

A number of parties involved can be at fault for both accidents - the respective owners of the oil drilling companies, careless employees, and any company who may have performed faulty maintenance on the oil rig or heater treater that caused these two fatal accidents. An investigation by OSHA is underway and will reveal the full, unbiased details of the accidents.

However, it is important for the families of those fatally injured to seek legal counsel to retain accident reconstruction experts on their behalf. The oilfield companies' insurance will most likely seek to hire their own experts that will be partial to their company in an attempt to interfere with or negate any claims made on behalf of the families of Saiz and Estrada-Duarte.

Legal counsel can also investigate whether or not other employees were at fault. Employees should be properly trained, follow safety regulations, and pay adequate attention while at work. However, it is still the companies' responsibility to provide adequate training and proper supervision in order to prevent fatal accidents from occurring. Therefore, oilfield companies cannot simply place the blame on a careless employee as it is their responsibility to properly train and watch employees in the first place.

The details of both accidents are still unclear, but it is important that family members retain counsel to represent them before the companies' insurance attempt to mitigate and lessen these two unfortunate accidents.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, 18 -wheeler accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at - 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile

 

Texas Sawmill Cited by OSHA for Violations After Death of A Worker

In December 2012, a worker at Nix Forest Industries Inc. in Timpson, Texas was killed after he was struck by a broken band saw blade. This sparked an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), revealing that workers were routinely exposed to hazards at the sawmill. Nix Forest Industries Inc. was ultimately cited with 17 safety and health violations, one of which was willful.

Nix Forest Industries Inc. knowingly put the well being of their employees in danger, as indicated by the willful violation, which is a violation that is committed with “intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.” Stephen Boyd, OSHA’s area director in Dallas, states, “Nix Forest Industries failed to take adequate measures to protect workers from a variety of hazards, including being struck-by and caught-between machinery and equipment. Following OSHA standards saves lives. This unfortunate loss of life could have been avoided.” The total proposed penalties total $116,200 but a dollar amount does not replace the unnecessary loss of life that occurred in December.

 

 

Legal Commentary - Majed Nachawati - Author

In this unfortunate situation, the violations committed are clear. Under Texas law the findings of OSHA in this matter would support a jury finding of gross negligence, and a jury award of exemplary damages, in a jury trial of a lawsuit filed by the surviving family of the deceased worker. In fact, due to the gross negligence committed by the sawmill and the extent to which these violations endangered employees, a jury could easily award exemplary damages far in excess of the total penalties proposed by OSHA of $116,200.00. Such an award would serve the purposes of punishing Nix Forest Industries Inc. for its disregard in employee safety that resulted in the worker’s death in this incident, and helping to deter Nix and other employers from committing gross negligence in jeopardizing the safety and lives of workers in the future.

Again, while any monetary damages do not replace the loss of life, employers like Nix Forest Industries Inc. should be held accountable for their wrongdoing. If you feel like your employer has been similarly negligent or you've been hurt on the job, call us to learn more about your legal rights to recovery. The attorneys at the Dallas law firm of Fears Nachawati are prepared to advise you. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com. We’re ready to help you!

About the Author 

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.

 

 

On The Job Accident Results in Death of Two Employees

On Wednesday night, two men were tragically killed when an unmanned forklift rolled onto them. The two men, identified as 59-year-old Jimmie O’Farrell and 51-year-old Robert Berg, were working inside a truck at a Dallas plastics company when the unfortunate accident occurred. While it is still unclear why a forklift was left unattended, what is clear is that a serious violation most likely occurred at the time of the accident.  

On the job accidents occur every day in Texas but many victims are afraid to call an attorney for fear of retribution from their employer. Your accident at work may not have been deadly, but that doesn’t mean it can’t affect every part of your well-being. If you’ve been in a work-related accident, there are questions you should ask to find out if your employer shares any responsibility for the injuries you’ve sustained. Want to know more? Give us a call at 1-866-705-7584 or send an email to mn@fnlawfirm.com. We’re ready to help you!  

West Texas Man Dies in Rodeo Accident

A rodeo worker in Wheeler, a Texas panhandle town northeast of Amarillo, died this week after horses stampeded over him. The worker, just 24 year-old, was moving horses to the bucking shoot when the animals became spooked, turned abruptly, knocked down the worker, causing severe injuries.

 

Were the rodeo facilities safe? Was the worker properly trained and supervised? Had the horses been inspected and vaccinated in compliance with Texas law? These are the kind of questions an injured worker ought to ask. They’re the kind of questions the personal injury experts at Fears | Nachawati ask every day.

 

Don’t let the law or your employer intimate you! If you’ve been in a work-related accident, there are questions you should ask to find out if your employer shares any responsibility for the injuries you’ve sustained. Want to know more? Give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

Crane Kills Worker in Occupational Accident

A construction worker in a Houston suburb died yesterday when the metal form of a crane tilted, then broke loose, trapping him underneath. During the accident, a metal strut struck the worker on the head, killing him. The worker, just 28-years-old, was the unintended victim of a construction tool that failed in its obligation to protect him, resulting in his tragic and unnecessary death.

 

Workplace accidents cause injuries, often referred to as “occupational injuries,” every day. Thousands of Americans suffer annually from the effects of poorly designed products, improper supervision, and a host of other negligent acts. Want to know more about occupational injuries? Fears | Nachawati can answer all of your questions and help you decide how to move forward. For a free consultation, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

BP Shuttles Offshore Platform Workers

BP sent workers back to three offshore oil and gas platforms earlier today in response to a shift in Tropical Storm Dan’s trajectory to the south. In the last week, hundreds of workers were evacuated from platforms in anticipation of the violent storm and the injury that it was expected to cause. Hundreds of evacuees may sound like a lot, but actually only 11 of the 679 manned platforms in the Gulf were evacuated.

 

Drilling oil in the Gulf of Mexico is dangerous business, as last year’s Deepwater Horizon blowout vividly showed. The risk isn’t just for the environment, of course, but for workers as well. Every year, platform and oil field workers are injured and killed as a result of the dangers in oil and gas exploration.

 

Do you have a loved one who works in the oil fields, either on land or in the Gulf? They should know the risks they face and their legal right to a safe work environment. If they’re injured, they should fight back! The Fears | Nachawati occupational injury experts can fight for their safety and secure the justice they deserve. For a free consultation, just call 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help!

Hill Country Farms Settles With Workers Over Workplace Violations

Hill Country Farms, a Texas company headquartered in Goldthwaite, Texas, settled their case with several mentally handicapped workers earlier this week. The workers, who were employed in an Iowa City, Iowa, turkey plant, were subjected to below minimum wage and uncompensated overtime, among other violations. All told, the federal judge who presided over the case ordered Hill Country Farms to pay $1.76 million.

 

Unfortunately, workplace violations are common, particularly during hard economic times. Fears | Nachawati specializes in workplace injuries and work-related contract damages. If you have questions about the work-related injuries that you’ve sustained, talk to us today! Just call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We ready to help you!

Natural Gas Industry Booming--But in the Northeast?

Times are good for natural gas producers. Although high fuel costs hurt consumers, they’re good for suppliers. Traditionally, high natural gas prices have been particularly good news for Gulf Coast states like Texas and Louisiana and particularly bad news for the northeast. This time, however, things are a little different.

 

The recent discovery of the Marcellus Shale in Pennsylvania and West Virginia is good news for the east coast. The Marcellus Shale is rich in ethylene, a key ingredient in plastics, and close to markets like New York, Philadelphia, and Washington, D.C. Because of its proximity to plastics manufacturers, costs to consumer will be cheaper. Also, West Virginia, Pennsylvania and other “Shale states” will benefit from the additional tax revenue flowing from natural gas extraction. Local economies will boom, too, thanks to the estimated 10,000 new, “Shale jobs.”

 

There’s just one catch: natural gas production can be dangerous. Every year hundreds of workers and thousands of residents are injured as a result of natural gas leaks and explosions. If you or a loved one leave Texas to work the Marcellus Shale, you should know about the risks of natural gas – and, in particular, ethylene – cracking. Talk to the experts at Fears | Nachawati to learn everything you need to know about the law governing occupational injuries. Call 1.866.705.7584 or email info@fnlawfirm.com

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Houston Firefighter Falls 40 Feet to His Death

Last weekend, Steven McShan, a 24-year-old Houston firefighter, attempted to climb from a second floor to a third floor balcony where several children were playing. As McShan was pulling himself up, the railing he was holding onto gave way. McShan wasn’t able to regain his grip on the third floor or his footing on the second and, tragically, he fell 40 feet to his death.

 

Firefighters face dangers every day in the line of duty. Whether fighting fires or helping children, they frequently encounter risks – and injuries – that are unique. Those unusual risks include noxious smoke inhalation, scalding heat, and dangerous products, such as loose railings. If you have a loved one who works in the fire department, make sure that they talk to a medical and legal expert if they’re injured. To speak with the experts in the law governing firefighter-related injuries, contact the team of specialists at Fears | Nachawati. For a free consultation, call 1.866.705.7584 or email info@fnlawfirm.com

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Man Seen Dangling from Crane near Houston Ship Channel

An unidentified worker near the Houston Ship Channel is safe now after Channelview and Houston Fire Department fire fighters succeeded in saving him from a near-tragic crane mishap. The man was left literally dangling from a crane after an accident near Jacinto Port Boulevard and Peninsula Boulevard almost cost him his life!

 

Every year, the Bureau of Labor Statistics records more than 3,000,000 occupation-related accidents, more than 25 percent of which result in significant injury. More 200,000 result in falls and nearly 5,000 accidents are fatal.

 

Occupational injuries are serious! If you’re in a work-related injury, you need to speak to the personal injury experts at Fears | Nachawati. Whether you’ve had a fall, a sprain, a tear, or a break, we can get you back on your feet and your life back on track. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

Sexual Assault in the Workplace is a Thing of the Past, Right?

Tragically, it’s not. Every year, 213,000 Americans are victims of sexual assault. That’s an average of a sexual assault every two minutes. Of course, many of these occur at the workplace. To make matters worse, 60 percent of assaults go unreported and 15 out of 16 rapists will never spend a day jail.

 

Workplace sexual assault occurs in every town and industry. For instance, just this week a former, female employee for KBR Inc. and Halliburton Co. filed suit against her former employer for a rape that occurred at work. According to the victim’s attorney, KBR and Halliburton have a long history of failing to protect workers from sexual assault.

 

Have you been the victim of a sexual assault? It’s understandable why you wouldn’t want to go to the police. A flood of emotions – anger, embarrassment and uncertainty, to name just a few – often attend sexually related crimes. Nevertheless, it’s important to stand up for your rights. Talk to the experts at Fears | Nachawati. We understand that you’re hurting. We can help. Just call 1.866.705.7584 or send an email to info@fnlawfirm.com

Did Houston Astros Bidder Engage in Workplace Discrimination?

The Houston Astros are for sale, and if you, like Jim Crane, have several hundred million dollars, you can own the famed team. However, if your company has a history of employment discrimination, you might want to avoid the limelight. (Unfortunately for Mr. Crane, that’s a lesson he didn’t heed.)

 

In 2000, the Equal Employment Opportunity Commission (EEOC) investigated Mr. Crane’s company, Eagle Global Logistics, for its failure to promote blacks, Hispanics, and women into managerial positions. In fact, the EEOC further found that Eagle demoted women from managerial positions, fostered a hostile work environment and perpetuated a pay disparity between minorities and whites based on race and sex.

 

Employment discrimination is unfair to workers and their families. Moreover, it’s against the law. If you think you’re the victim of employment discrimination, you should consider having a conversation with the experts at Fears | Nachawati. The consultation is free and you’ll learn everything you need to know about whether to prosecute your claim. We can help you! Just call 1.866.705.7584 or send an email to info@fnlawfirm.com

Oil & Gas Accident Injures Three

Last month, three workers were injured, one critically, when a pulling unit with a truck-mounted mast collapsed. One of the workers, Sergio Torres, was transported to a Lubbock hospital in critical condition. The Occupational Safety and Health Administration (OSHA) is investigating the accident. In all likelihood, all three workers have not only workers’ compensation claims, but potential legal causes of action against their employer, TEC Well Services, and the owner of the well site, Benners 37 #1.

 

The energy industry is dangerous! Well accidents, refinery fires, and pipe malfunctions cause dozens of accidents every year. If you or a loved one are injured in an oil and gas industry accident, you should talk to the personal injury experts at Fears | Nachawati. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help!

Traffic Stops Put Officers at Risk

According to the Bureau of Labor Statistics, more than 900,000 Americans are dedicated to a noble calling: fighting crime. Tragically, the Police Officers Safety Association reports that about 150 police officers die in the line of duty every year. To the surprise of many, the vast majority of these deaths isn’t caused by gunfire, but traffic stops. In fact, since 2001, 154 officers have lost their lives during otherwise routine traffic stops. In Texas alone, 22 officers have died during traffic stops since January of 2010.

 

Does your loved one serve in a local police department? If so, he or she needs to be aware of the risks they face in the line of duty, including the very real threat they incur during traffic stops. If they’ve been injured, they should call the personal injury experts at Fears | Nachawati. Years of experience and committed expertise have taught us how to best defend their legal interests. We want to help! For a free consultation, just call 1.866.705.7584 or send an email to info@fnlawfirm.com. Make the call today!

Austin Man Killed in Occupational Hazard

An Austin repairman was killed while working on a pistachio auger earlier this month. Tragically, while the 30-year-old was making repairs, someone in the pistachio plant turned on the equipment used to shred pistachios seeds from their shell and grind pistachios. Unable to escape from the underground apparatus, the repairman was killed.

 

Occupational fatalities are all-too-common and always unfortunate. Thankfully, Texas lawmakers have created a legal mechanism – a wrongful death lawsuit – that allows survivors to find justice for themselves and their loved one. If you’ve lost a loved one in an occupational accident, talk to the personal injury experts at Fears | Nachawati. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

Flash Fire Kills One, Injures Three at Port Arthur Chemical Plant

A flash fire at the KMTEX Chemical Plant last week took the life of Johnny Williams, 58, as well as injuring three others. The fire began when pipeline workers welding a pipe made contact with an extremely flammable solvent, coal tar naphtha. Coal tar naphtha is a byproduct of refined crude oil and can be ignited by heat, sparks and open flames. The explosion was so powerful that witnesses a mile away reported feeling the shock.

 

The attorneys at Fears | Nachawati know what its like when a loved one is injured or killed in an accident. If you or a loved one have been hurt on the job, contact us for a free consultation so that you can know all of the legal options at your disposal. We’re ready to help you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

Beauty Queen Returns to Throne

Late last week a Texas jury restored Miss San Antonio, Domonique Ramirez, to her rightful place among beauty royalty when they ruled that pageant officials had unfairly stripped the possible Miss Texas contender of her crown. Even after the trial, speculations remained as to the real motivation behind Ramirez’s dismissal. Some believe that pageant officials removed the teenage star for gaining excessive weight and refusing to “get off the tacos.” Others remain convinced that Ms. Ramirez was unduly difficult, chronically late and frequently rude.

 

Financially, the Miss San Antonio, Miss Texas, and Miss America awards can mean college scholarships and product endorsements, among other benefits. As a result, the courtroom battle between Miss Ramirez and Miss San Antonio officials addressed significant tort and contract law disputes.

 

Have you been unfairly terminated from your job? If so, you may have valid tort and contract law claims. To find out how to pursue these complaints, contact the personal injury experts at Fears | Nachawati. With years of experience and considerable expertise, we can help you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

San Antonio Beauty Queen Sues Miss San Antonio Officials

Dethroned Miss San Antonio, Dominique Ramirez, appeared in court last week in a lawsuit she hopes will restore her status as beauty royalty – and give her the opportunity to compete for Miss America.

 

At issue in the trial is whether Miss Ramirez’s crown was revoked for arbitrary or legitimate reasons. Miss San Antonio officials argue that Miss Ramirez lost her title because she was unreliability, frequently tardy, and physically unfit. For her part, Miss Ramirez claims that these reasons are completely fabricated.

 

Contract and tort injuries can occur in ways you least expect, including the extent to which a beauty queen’s rights were violated when she was dethroned. If you’ve suffered a physical or contractual injury, contact the injury experts at Fears | Nachawati. We’re ready to help you. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com

High School Basketball Player Dies after Game

Robert Garza, a junior at Roma High School in South Texas, collapsed during a club team basketball game, moments after drinking water and celebrating with a team member. The 16-year-old was taken to Brackenridge Hospital where he was pronounced dead less than an hour after his unexpected collapse.
 

The unexpected, untimely and tragic death of Robert Garza marks yet another death in amateur sports. In recent years, football and basketball players have died during practices and games with concerning frequency. Some experts worry that overly strenuous workouts and seasons could be part of the cause.

 

If your son or daughter is injured or dies as a result of their participation in club or school athletics, call the wrongful death experts at Fears | Nachawati. In this difficult time in your life, you need expert counselors who can give you the legal guidance you need. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!
 

Oil Field Worker Dies in Accident, Raising Questions about Workplace Safety

 Last week, a pair of oil field workers in Midland County, Texas were working on a rig when pipe fell, pinning Mariano Pruenda’s leg. As his co-worker, Ronnie Lynn May, worked to rescue him, another piece of the rig fell, crushing and killing May.

 

The Occupational Safety and Health Administration (OSHA) has launched an investigation into the accident and into the safety practices of May’s employer, Tulsa-based oil contractor, Helmrich and Payne.

 

Working in the oil fields is dangerous. However, oil rigs become inappropriately and unnecessarily dangerous when employers fail to adhere to worker safety regulations. If you or a loved one work in the oil field and think that the workplace is unsafe, it may be time to call the professionals at Fears | Nachawati. We can investigate your employer’s safety practices and, if necessary, defend your right to safe workplace! For a free consultation, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

Natural Gas Plant Erupts in Explosion

 A natural gas plant operated by the Houston-based Enterprise Products Partners (EPD), a publicly traded company, erupted in an explosion last week, causing a fire that could be seen for more than a dozen miles away. While no injuries were reported or evacuations required, state highway 146 was shut down.

 

Natural gas plants and oil refineries are notoriously susceptible to explosions and fires. On many occasions, explosions and fires are the result of preventable risks. Too often, negligent companies fail to properly safeguard against their product’s combustibility. If you are injured during your work at a natural gas plant or oil refinery, call the injury experts at Fears | Nachawati. With years of experience, our expertise is courtroom tested! Give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com

OSHA Changes Rules for Reporting Work Place Injuries

 The Occupational Safety and Health Administration (OSHA) withdrew a rule recently that required employers to record work-related musculoskeletal disorders – like carpel tunnel syndrome – on a separate column on injury logs. OSHA’s decision comes in spite of the fact that, as OSHA Administrator David Michaels himself explained, “Work-related musculoskeletal disorders remain the leading cause of workplace injury and illness in this country.”

 

OSHA’s rule retraction limits the available remedies to injured workers. However, other viable venues exist for a redress of grievance. If you’ve sustained a workplace injury contact the injury experts at Fears | Nachawati. We know how to secure the compensation you deserve. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

Houston Accident Victim Secures $1.5 Million in Compensation

 A worker in Houston, Texas, tragically and unnecessarily lost his leg recently when his employer’s trash compactor malfunctioned, crushing his leg above the knee. When negotiations failed, the victim’s attorney filed suit against the man’s employer and the manufacture of the compactor. Last week, the employer settled with its former employee, providing $1.5 million in recognition of the firm’s negligent work environment and in order to compensate the employee for his loss.

The fight against the employer wasn’t easy—and the battle against the manufacturer of the faulty compactor remains—but the lesson is clear: a talented, hard-working, knowledgeable attorney can secure the compensation that accident victims deserve. If you’ve been injured at work, contact the personal injury experts at Fears | Nachawati. With our experience and expertise, we can win for you. To speak with our experts, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

Natural Gas Pipeline Explosion Kills One, Injures Seven

A worker was killed and seven others injured when a faulty gas pipeline exploded recently near the Johnson-Somervell county line. The explosion was caused when James Robert Neese, an employee of C&H Power Line Construction Co., used a high-pressure digger to drill a vertical hole and, in the process, pierced an underground pipeline with his auger. A report by the Texas Railroad Commission concluded that the explosion and ensuing damage resulted from the pipelines owner’s – Enterprise Products – failure to adequately mark the buried line in violation of the Texas Utilities Code.

Oil and natural gas pipelines cross much of Texas, including in heavily trafficked, urbanized areas. Unfortunately, accidents are all too common and, in many cases, cause serious injury and death. If you work in the oil and gas industry, you may be exposed to these dangers. If you’re injured in your work, workers compensation may not be enough. Talk to the personal injury experts at Fears | Nachawati today for full understanding of you case. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

Commission on BP Oil Spill Releases Report, Identifies Corporate Negligence

Last week, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling released its final report on the catastrophic spill. The Commission found that the Deepwater Horizon disaster was foreseeable and preventable. Specifically, errors by the responsible companies – BP, Halliburton, and Transocean – included inadequate safety procedures, failure to respond to repeatedly demonstrated problems, and ineffective response to the blowout once it began. 

Thousands of Texans work in the oil and gas industry. As the Commission’s findings suggest, the oil and gas companies who employ these hard-working Texans routinely dismiss safety concerns, putting their front-line employees at significant risk. Unfortunately, workers – like the men working the Deepwater Horizon – pay the price for this corporate neglect. 

To speak with an attorney specializing in occupational injuries and oil and gas industry negligence, contact Fears | Nachawati. For a free consultation, give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

Fire at refinery injures two

A fire at LyondellBasell's oil refinery on the Houston ship channel broke out yesterday afternoon.  The blaze, which started in a crude distillation unit, sent huge plumes of black smoke into the air.  The fire burned for more than an hour

Two firefighters were injured while fighting the fire, suffering heat exhaustion. 

The refinery is the country's 16th largest, and refines 268,000 barrels of oil per day.  An incident in July 2008 at the facility involving a crane killed four workers. 

Investigators are still trying to determine the cause of the fire and continue to assess the extent of damage to the refinery. 

Recent developments concerning the Gulf Oil Rig Spill

There have been several significant recent developments in the Gulf Oil Spill investigation:

Investigators now believe that BP knew of problems at the offshore rig hours before it exploded.  The well had failed a key pressure test hours before the explosion.  The failure of that test may indicate that pressure was building in the well.  Even though a pressure build up could lead to an explosion, BP apparently declined to suspend operations and investigate the build up.  

President Obama has asked Congress to raise the cap on liability for BP.  The administration also asked that a per-barrel tax on oil companies be increased in order to provide more funds for cleanup.  Finally, the President also proposed additional unemployment assistance and food stamps for Gulf Coast workers affected by the oil spill. 

BP has placed a new, smaller containment box on the floor of the Gulf.  Workers plan to move the cylinder, nicknamed a "top hat", on top of the well, and hope to avoid problems they encountered with a bigger box previously used to try to stop the flow of oil. 

Fears | Nachawati represents victims of the Gulf Oil Spill and explosion.  If you have been affected by the spill, please call us at 1.866.705.7584 to discuss your situation with one of our attorneys.

Three DFW Metroplex on-the-job fatalities

Recent DFW Metroplex news includes stories of three recent on-the-job fatalities:

A 30 year old man working as a subcontractor for Tarrant County was electrocuted Tuesday.  The man was working to repair light fixtures in the mechanical room on the top of the Plaza Garage, located at the intersection of West Weatherford and Burnett streets.  Fort Worth paramedics and MedStar attempted to save the worker, but their attempts at resuscitation were unsuccessful.  The man was pronounced dead at the scene.  Authorities are investigating this on-the-job death. 

A lawn maintenance worker was killed Tuesday morning in Grand Prairie after he was struck by a passing motorist.  The man, Fransisco Lara, 35, was taken by helicopter to Parkland Memorial Hospital, where he was pronounced dead.  Mr. Lara was struck by a car while he was using a leaf blower to clear debris from the street.  The driver was not injured.  Authorities are investigating this accident.

The body of Roderick Terrell, a Dallas sanitation worker, was found Tuesday at the McCommas Bluff Landfill in Dallas.  Mr. Terrell was on the job at the landfill when he was last seen.  Coworkers found Mr. Terrell's truck, still running, and began searching for him shortly thereafter.  His body was found the next day.  Authorities are investigating the cause of Mr. Terrell's death. 

Explosion at Texas refinery injures many

An 18-wheeler being loaded with fuel exploded yesterday at a refinery in San Antonio.  The tanker truck was at the AGE Refining Inc. fueling station when the incident occurred.  The initial explosion set off a chain-reaction of several smaller explosions.  Firefighters worked for six hours battling the blaze, shutting off valves and cooling down tanks in an effort to prevent the fires from spreading. 

One man was critically burned in the incident, while numerous workers at the refinery were also injured. 

Residents living near the refinery were evacuated.  The explosions and fires sent a plume of black smoke over San Antonio's east side that lasted for much of the day while the fires burned themselves out.  Smoke was visible up to 40 miles away. 

Investigators do not yet know what caused the blast. 

McKinney school bus aid fired after hitting elementary school student with belt

A school bus aid in McKinney was fired last week after hitting an elementary school student with a belt.  The 10 year old male student was taking the bus to school on April 12 when the incident occurred.

The driver had worked for Durham School Services, which handles transportation for McKinney Independent School District, for about three months.  The driver had passed a background check and been through training. 

The incident is being investigated by local authorities. 

Injured welder to receive $4.2 million in damages after foot injury

A jury awarded an injured welder $8.4 million in damages for an injury he received to his foot while working in Freeport. The victim, Ignacio Llamas, will receive at least $4.2 million as a result of a settlement and the award made in the negligence lawsuit.

The accident occurred in February of 2007. Llamas was welding when a molten piece of metal broke loose. The piece of metal burned through his protective clothing and slid down into his boot, burning his foot.

The jury found that three companies shared responsibility for Llamas’ accident. Certified Safety Specialists was assigned 50% of the blame, meaning that they will pay half the amount awarded by the jury. Altair Strickland was assigned 19% of the verdict; while Turnaround Welding Services was assigned 30%.

The jury did find that Llamas bore some responsibility, assigning him 1% of the blame.

One of the two contractors, Altair Strickland, entered into a settlement with Llamas just before the jury returned with its verdict. As a result, only one of the contractors, Certified Specialists, will be held to the jury’s verdict.

Because Turnaround Welding Services participates in the workers’ compensation program, the company will not have to pay out on the verdict.

According to allegations made in the lawsuit, those involved in the lawsuit were negligent because Llamas was not wearing the leather boots typically worn by welders. Normally, a welder’s pants fit over top of their boots. The rubber boots, by contrast, fit over top of Llamas’ jeans, leaving a gap for the molten metal to fall down his boot and onto his foot.

According to the lawsuit, Llamas’ injury was made worse when a Certified Safety Specialist employee told him to go to another doctor who did not properly treat him. Llamas developed an infection and was required to go to a burn unit.

For more on this negligence lawsuit that originated from a workplace injury, click here to read the complete article.

If you have been injured on the job, contact Fears | Nachawati today for a free legal consultation. You’ll receive free legal advice from a Texas workplace injury attorney. You can email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas man killed in construction accident at church

A Texas construction worker is dead after an on-the-job accident Friday morning.

Hermilo Pimentel, 41,  was working at the First Baptist Church on Farm-to-Market Road 2493 in Bullard, Texas, hanging sheetrock in an addition to the building.

Pimentel fell through a hole on the second floor, landing on the first floor of the building.

His co-workers called 911 after seeing that he was unresponsive. Pimentel was killed instantly due to massive head trauma. His hard hat fell off at some point during the fall.

The accident is being investigated by OSHA.

Click here to read more about this Texas construction accident.

If you have lost a loved one in a construction accident, contact Fears | Nachawati today. For free legal advice from one of our Texas wrongful death attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas oil refinery explosion injures three workers

A Monday night boiler explosion at a Texas oil refinery has left three workers injured.

The accident took place at Big Spring Alon Refinery at around 8:30pm. All three of the injured workers taken to the hospital have since been treated and released. Though the explosion was steam-related, none of the injured workers suffered burns. 

Refinery officials have declined to discuss the cause of the explosion, but do say the incident has had no impact on production.

The accident remains under internal investigation, and will also be investigated by OSHA.

Monday night’s explosion is the second in less than two years for the facility. In February 2008, the refinery was severely damaged in a fire caused by gas from a propylene tank.

To read more about this Texas workplace accident, click here for the complete story.

Have you been injured in the workplace? Contact Fears | Nachawati today for free legal assistance. Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is OSHA?

OSHA is a federal government agency that falls under the Department of Labor. OSHA, which was created in 1970, is responsible for ensuring that employers maintain safe and healthy work environments.

Its official mission is to “to assure the safety and health of America’s workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.”

 

In order to ensure that workplaces are safe, OSHA has developed and implemented a number of standards and policies with which employers must comply. The general requirements employers must comply with include:

  • Allowing OSHA to inspect the premises both without notice or in response to an employee complaint
  • Providing workers with information on OSHA protections through notifications and posters in the workplace
  • Providing workers with information on how to identify dangerous substances in the workplace and training on how to treat injuries if they come into contact with those substances
  • Providing workers with information on first aid procedures
  • Providing workers with emergency training

Finally, under OSHA, employers are forbidden from taking action against an employer who files a complaint report an alleged OSHA violation.

If you have been injured in the workplace, contact Fears | Nachawati today to learn more about your rights. To receive free legal advice from a Texas workplace injury lawyer, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas oilfield worker electrocuted while setting up drilling rig

A Texas oilfield worker was killed Wednesday morning after an industrial accident on a drilling rig. The accident took place in an oilfield 13 miles south of Midland.

The worker, whose name has not been released, was part of a crew setting up a rig under some power lines. According to Midland County Fire Marshal Dale Little, the victim was touching the rig when the workers stood it up.

The mast of the drilling rig hit the power lines, electrocuting the victim. Approximately 14,000 volts of electricity went through the worker.

He was pronounced dead at the scene. None of the other workers were injured.

To read more about this Texas industrial accident, click here for the complete article.

If you or someone you love has been injured in a workplace injury, contact Fears | Nachawati today for free legal advice. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Construction site hazards

Construction sites are fraught with potential hazards which can lead to serious injuries and, tragically, even death. The nature of construction work, including the materials and tools used by workers, makes this an extremely dangerous line of work.

Numerous dangerous conditions can exist in a construction site, but the most common hazards that workers should be aware of are:

Steel rebar: Uncapped steel rebar poses a deadly risk of impalement to a worker who stumbles over it or falls on top of it.

Ladders: If ladders are not properly used, they can slip or fall over, causing the worker to plunge to the ground from a considerable height. To protect against ladder falls, ladders should always be placed on even ground and weight limits should be followed.

Power tools: A worker who does not understand the proper operating procedure for a power tool poses a grave risk to their fellow employees. In addition, permanent hearing loss can result from spending time in areas where multiple power tools are being operated at once.

Scaffolding: Falls from scaffolding are actually the second leading cause of death at construction sites. Scaffolding is sometimes improperly constructed or poorly maintained, which puts construction workers as well as pedestrians at risk.

If you have been involved in a construction accident, contact the Texas personal injury attorneys of Fears | Nachawati. To receive free legal advice from an experienced construction site accident lawyer, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Woman files personal injury lawsuit against employer over injury to eye

A Texas woman has filed a personal injury lawsuit over a workplace injury suffered in October of 2007.

The plaintiff, Zakiya Chandler, says she was about to begin her work day at Valero Refining-Texas when she walked directly into a mist which she believed to be steam. It was later revealed that the steam was actually a combination of harmful chemicals and gases.

According to Chandler’s Texas personal injury lawsuit, she immediately reported the injury to her supervisor. Her eye was flushed three times. After the pain did not subside, she was taken to Bayport Medical Center for treatment. There Chandler was diagnosed with a corneal abrasion.

Follow-up medical treatments showed that Chandler’s vision is continuing to deteriorate. She is also suffering from headaches and pain in her eyes, chest and back.

In her Texas personal injury lawsuit, Chandler is seeking damages for medical expenses, lost wages, loss of eyesight, impairment, mental anguish and pain and suffering.

Click here for more on this Texas personal injury lawsuit and workplace injury.

If you have been injured on the job, contact Fears | Nachawati today to learn about your legal rights. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 for free legal advice from a Texas personal injury lawyer.

What is worker's compensation?

Worker’s compensation is a type of insurance purchased by employers. It compensates employers in the event that they are injured on the job. To be eligible to receive worker’s compensation, your injury must have arisen out of and in the course of your employment.

In addition to compensation for the injury itself, worker’s compensation typically covers the employee’s medical expenses as well. If a worker is killed on the job, worker’s compensation pays death benefits to the worker’s surviving spouse and other dependents. Worker’s compensation does not provide compensation for pain and suffering or punitive damages.

Worker’s compensation laws are based on strict liability. That is, you need not prove negligence in order to receive worker’s compensation benefits. Also, an employer cannot attempt to limit the amount of damages by invoking defenses such as contributory negligence. Contributory negligence and the other defenses available in civil lawsuits are not available in worker’s compensation claims.

In most cases, worker’s compensation is the only legal remedy available to an individual injured on the job. However, there are some cases where the negligence of a third party contributed to the worker’s injuries, in which case it may be possible to bring a personal injury lawsuit.

Every state’s worker compensation laws are different. The wisest course of action is to consult with an attorney who is experienced with on-the-job injuries and construction site accidents.

Contact Fears | Nachawati today for free legal advice if you have been injured on the job. You will speak directly with a Texas personal injury attorney who will answer all of your questions and help you understand your legal rights. For your free legal consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is a job-related injury?

A job-related injury can be the result of a single incident or the culmination of repeated exposure to a dangerous activity or substance. A single-incident workplace injury, for example, could occur on a construction site when a worker falls from a piece of scaffolding or is struck by a vehicle. Prolonged exposure to hazardous materials, such as asbestosis, can cause mesothelioma or lung cancer. Whether the injury is incurred instantly or takes years to develop, both can be classified as job-related injuries.

A third type of job-related injury is one in which a medical condition or injury you already have is worsened by your employment.

Note that you do not have to be on the employer’s premises in order to sustain a job-related injury. Job-related injuries can occur at any event you are required to attend by your employer and at any time during which you are on pay status.

If you have suffered a job-related injury, contact Fears | Nachawati today for free legal advice. You will receive a no charge legal consultation with one of our Texas personal injury attorneys. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

Family of construction worker killed on the job sues crane owner

The family of a Texas man killed at a construction site in Mount Pleasant, Texas, has filed a lawsuit against one of the site’s subcontractors.

The victim, 60-year-old Bobby Spray Elrod, was killed when a steel beam suspended from nylon cables came loose and fell on him. His family is suing the company that owned and operated the crane, TDS Erectors Inc.

The suit, which has been filed by Elrod’s daughter, Ashley Ebner Johnson, accuses TDS of gross negligence. According to the suit, the company violated an OSHA standard when moving the beam. In the suit, Johnson also alleges that the company knew that the crane and its operators were unfit for the task.

The lawsuit further alleges that TDS violated the law by not instructing its employees in recognizing and avoiding unsafe conditions as well as in controlling or eliminating hazards in the workplace.

TDS has yet to file an answer to the complaint.

Click here to read more about this Texas construction accident lawsuit.

Fears | Nachawati is a Texas personal injury law firm that represents the victims of construction accidents. We also represent the family members of deceased construction accident victims in bringing wrongful death lawsuits. To receive free legal advice from a Texas wrongful death and personal injury attorney, contact us today. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Texas man killed in forklift accident while on the job

A Texas man was killed in a workplace accident Friday morning. The accident, which involved a forklift, is currently under investigation by OSHA.

The accident took place at H&S Constructors Property in Corpus Christi, Texas. The victim, a worker for Strouhal Tire Service, was on site changing a tire on a forklift. As he was changing the tire, the jack went out, pinning him underneath the forklift.

A spokesperson for H&S says the company will be investigating the accident to determine what, if any, corrective actions should be taken in light of the worker’s death.

OSHA is currently investigating the incident to determine whether any OSHA standards were violated. OSHA has up to six months to complete its investigation before it must produce a public report.

The name of the Texas workplace accident victim has not yet been released. What is known is that the victim was in his late 40s and was a longtime employee of Strouhal Tires.

To read more about this workplace accident, click here for the complete story.

Fears | Nachawati represents victims of Texas construction accidents and workplace injuries. To receive free legal advice about your possible claim, contact us today by email at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

Worker sues over injuries suffered in Texas construction site accident

A Texas man is suing two construction companies over injuries he sustained in a workplace accident four months ago. The plaintiff, Marlon Flores, fell while installing siding on a townhouse.

The construction site accident lawsuit names Remington Homes Inc. and ROC Commercial Builders LLC as defendants. Both companies, the lawsuit alleges, failed to supervise the plaintiff while he was performing construction work on the residential property.

Court papers for the Texas workplace injury lawsuit state that, as a result of the accident, Flores has experienced, impairment, disfigurement, pain and suffering and mental anguish. Flores is seeking an undisclosed amount of compensation for his personal injuries.

In addition to lack of supervision, Flores is also alleging that the two defendants committed multiple violations of OSHA regulations both prior to and at the time of the workplace accident. The suit alleges that these violations were a second proximate cause of the incident and resulting personal injuries.

Click here for more on this Texas construction site accident and Flores’ personal injury lawsuit.

Have you been hurt in a construction site or other workplace accident? Contact Fears | Nachawati today for free legal advice. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

 

Rodent poison explosion severely injures worker

A Texas man has been hospitalized after a workplace accident involving rat poison at a Progreso grain silo. The worker, whose name has not yet been released, was loading pellets of rodent pellets into the grain silo when the accident occurred.

When the pellets, which are about 5 inches in diameter, react with water, a gas is created. The worker was in close proximity to several of the poisonous pellets when they unexpectedly exploded. He suffered severe head trauma and was taken by ambulance to a nearby hospital.

An investigation into this Texas industrial accident is underway to determine whether proper safety procedures were being followed.

Click here for the full article about this Texas workplace accident.

If you have been injured on the job, you may be entitled to bring a personal injury lawsuit in addition to seeking worker’s compensation. To learn more about industrial accident lawsuits, contact Fears | Nachawati today for free legal assistance. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

Two injured in collapse of Dallas Cowboys practice facility file lawsuit

Two men injured in the May 2nd collapse of the Dallas Cowboys practice facility have filed a lawsuit seeking unspecified damages, including pain and suffering, against a number of defendants involved in the construction of the facility. The Dallas Cowboys are not amongst the defendants named in the lawsuit.

The victims bringing the Texas personal injury lawsuit are special teams coach Joe DeCamillis and scouting aid Rich Behm. DeCamillis suffered a broken neck, and Behm was paralyzed from the waist down.

The Texas lawsuit accuses some of the defendants of conspiracy. According to allegations made in the suit, these defendants knew for at least two years that the facility was unsafe but covered up this fact. It also accuses the defendants of negligence.

Defendants named in the lawsuit include: Cover-All Building Systems, the designer-manufacturer of the facility, which is based in Canada; Wrangler Concrete Construction, which laid the facility’s foundation; Pennsylvania-based Summit Structures, a subsidiary of Cover-All; and JCI, a Las Vegas consulting firm.

To read more about the Texas personal injury lawsuit over the collapsed Dallas Cowboys facility, click here for the complete story.

Fears | Nachawati is a Texas personal injury law firm that represents accident victims in pursuing legal claims against the responsible party. To receive free legal assistance from one of our Texas personal injury lawyers, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

What to do if you've been injured in a construction accident

If you’ve been injured in a construction accident, there are steps you should take to preserve important evidence. Taking the following steps will help to protect both yourself and your legal rights:

 

  • Seek medical attention for your injuries.
  • Immediately report your injury to your supervisor. Make sure that a written report of the incident is made.
  • Collect the names and contact information for any possible witnesses to your accident.
  • If possible, take photos of the area where the accident occurred, including any tools and equipment involved in the accident.
  • Write down a detailed account of how the accident happened.
  • Contact a Texas personal injury lawyer as soon as possible.

Fears | Nachawati is a Texas personal injury law firm that helps victims of construction accidents get the compensation they deserve. Contact us today to receive free legal advice about your accident. To speak with a Texas personal injury lawyer at no charge, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your free consultation.

 

Construction worker dies in flooded underground tunnel

A construction worker was killed last Tuesday afternoon when a sudden influx of water flooded a pipe he and other workers were drilling in Conroe, Texas.

 

The accident occurred when a drill bit became stuck and the victim had to enter the pipe in order to dislodge it. While he was in the underground pipe, both the pipe and the tunneled-out work area surrounding it quickly became filled with water.

 

Initial reports stated that the flooding was caused by a sudden rainstorm, but Conroe Fire Chief Ken Kreger says this is speculation and that the flood was more likely caused by groundwater, a broken water main or a burst sewer pipe.

 

A total of three workers were trapped in the flood. Two, both of whom were in the trench area, were able to escape with assistance from the foreman. The body of the third man, the one in the pipe itself, was not recovered until hours later at just before 7:00 p.m. His remains were discovered about 50 feet into the 140-foot long pipe.

The victim and the other men were working for Boring & Tunneling Company of America. The victim, whose identity has not been made public, had been with the company for nine years.

The accident is currently under investigation by OSHA.

To read more about this tragic Texas construction site accident, click here for the complete article.

 

Fears | Nachawati is a Texas law firm representing victims of construction site accidents. If you or a loved one has been the victim of a construction site accident, contact us today for free legal advice. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

 

OSHA cites Tyler, Texas construction company for death of employee

This week a Tyler, Texas, construction company was cited by OSHA for the February electrocution death of an employee.

The victim was 21-year-old Hector Policarpio Moran. Moran was killed on February 18th when he was electrocuted while performing upgrades to underground electrical lines. The project was taking place at the intersection of Hidden Lake Drive and Copper Hill.

The accident occurred while Moran was digging in front of a transformer. Moran accidentally damaged one of the underground lines. Because he was unaware that the line was energized, he began making the repairs.

Another factor contributing to the fatal accident was the gloves that Moran was wearing at the time. One of the gloves, which had not been tested for insulation qualities, had a hole in the index finger.

The construction company, Thedford Construction, has been cited with a number of willful violations, including failure to ensure that workers do not approach energized electrical equipment any closer than two feet as well as failure to electrically test rubber insulated gloves at a maximum of six month intervals.

All totaled, OSHA has proposed $133,000 worth of fines against the company. Thedford has 15 days within which to comply, contest the citations or request an informal conference.  For the complete story click here.


If you have been injured in a Texas construction site accident, contact Fears | Nachawati today for free legal advice about a possible personal injury lawsuit. To receive your free consultation from a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Who is liable for my construction accident?

A single construction project could involve dozens of professionals, contractors and companies. As a result, when a worker is injured in a construction accident, there are numerous different people who may be liable. Depending on the size and complexity of the project, the people and/or entities responsible for the construction accident could include:

·         Property owners

·         General contractors

·         Sub-contractors

·         Engineers

·         Designers

·         Architects

·         Equipment or material suppliers

·         Construction managers

·         Safety consultants

In some cases, more than one party could be responsible for your construction accident. There are also times when the at-fault party is not immediately obvious. Every case is unique, and liability will depend on factors such as contractual agreements, legal duties and the circumstances surrounding your accident.

It is important that you identify all potentially liable parties from the outset of a personal injury lawsuit so that you do not lose your ability to seek compensation from them. A lawyer can review the facts of your case and determine who is at fault for your injuries.

If you have been injured in a construction accident, contact Fears | Nachawati today. We provide construction accident victims with free legal advice. To receive your free consultation with a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Construction accident involving 200-pound tire kills worker

A construction worker was killed when he was struck by a 200-pound tire that had come loose from a tanker truck carrying flammable liquids.

 

The victim was 52-year-old J. Pedro Garcia, a state contract road crew worker.

 

The first right rear wheel of the tanker came off while the truck was crossing over Lewisville Lake on the I-35 southbound bridge. The first lost tire struck two vehicles.  

 

After losing the first tire, and after striking the other vehicles, the truck continued driving for about a half a mile. A second wheel then came off and hit Garcia.

 

Garcia was flown by ambulance to an area hospital where he later died from his injuries.

 

The truck company for which the driver worked, Safety-Kleen, is cooperating with police in the ongoing investigation.

 

Click here to read more about this Texas construction accident.

 

Workers who have been injured in construction accidents may have a basis for bringing a Texas personal injury lawsuit. For free legal advice on your potential claim, contact Fears | Nachawati today by email at info@fnlawfirm.com or on our toll-free helpline at 1.866.705.7584. 

 

Causes of construction accidents

Causes of construction accidents vary depending on the type of job, the work environment and the equipment used in the course of the victim’s daily work. While there are numerous causes of construction accidents, there are certain types of on-the-job accidents that Texas personal injury lawyers come across on a regular basis.

 

One common cause of Texas construction accidents is faulty equipment due to regular wear and tear. After a while, equipment simply needs to be replaced or repaired due to the strain of daily use. Workers can be seriously injured on the job if they are using worn-out tools and equipment. Equipment needs to be serviced regularly to ensure that it is safe for use on the job.

 

Falls are another frequent cause of workplace injuries. According to the U.S. Department of Safety, falls accounted for 15% of all workplace fatalities in 2007. General research indicates that falls account for one out of every three construction accident deaths. The most common type is a worker falling from a roof, but faulty scaffolding is another frequent cause of falls in the workplace.

 

Other causes of construction accidents include:

 

  • Electrocution
  • Asphyxiation
  • Lack of proper training
  • Fires or explosions
  • Heavy machinery accidents, such as cranes and forklifts
  • Faulty safety harness
  • Welding accidents
  • Trench collapses
  • Falling objects
  • Failure to comply with OSHA safety standards
  • Exposure to caustic chemicals
  • Holes in the floor
  • Compressed gases
  • Lifting heavy objects

Sadly, many Texas construction accidents could have been avoided through basic safety measures. However, employers sometimes fail in their duty to provide their employees with a safe work environment. In these cases, the injured worker is sometimes eligible to bring a personal injury lawsuit and/or pursue a worker’s compensation claim.

 

If you have been injured in a construction accident, contact Fears | Nachawati today for free legal advice on whether you have a personal injury claim. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

Construction site accident facts and statistics

Every day in the United States, workers are injured while on the job. Sadly, the number of injuries – and fatalities – is far higher for those working in the construction industry. In fact, in 2004, the Federal Bureau of Labor Statistics stated that the construction industry has the second highest number of fatalities of all industries in the U.S. The study also revealed that construction workers have a higher-than-average number of days off from work due to illness or injury.

Other studies have indicated that one out of every ten construction workers will be injured on the job at some point during their career.

The stakes are even higher for construction workers in Texas. Since 1992, according to the Bureau of Labor Statistics, Texas has ranked either first or second in the number of workplace injuries per year – construction site accidents accounted for the largest number of those injuries. In 2004, for instance, Texas was in second place with 114 fatalities in the construction sector.

Other shocking statistics related to construction site accidents include:

·         Research conducted by the National Institute for Occupational Safety and Health showed that, in 2007, construction accidents caused the highest number of fatalities of any industry.

·         In 2007, over 1,100 construction-related fatalities were reported.

·         Falls are the most common cause of fatal construction site accidents.

·         After falls, transportation accidents, falling objects and electrocution are the most common causes of construction-related deaths, respectively.

·         Of all workers compensation costs across the country, 15% are due to construction site accidents.

As these statistics show, the construction industry is a highly dangerous occupation that puts workers at serious risk of suffering an on-the-job injury. If you or a loved one has been injured in a construction site accident, contact us today.

 

The Texas personal injury lawyers of Fears | Nachawati provide free legal advice to victims of construction site injuries. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Product demonstrator suing Costco over on-the-job injury

 A product demonstrator is suing Costco after being injured by one of the store’s employee.

Charlotte Dickey was demonstrating a product at the Lewisville, Texas, Costco when a Costco employee allegedly rolled over her ankle with a flatbed. Dickey was working in one of the store’s aisles at the time of the accident.

The personal injury lawsuit was filed against Costco Wholesale Corp. on July 21st. The suit alleges that Dickey suffered injuries to her right shoulder and an injury to her left ankle requiring surgery.

In the Texas personal injury lawsuit, Dickey accuses Costco of negligence, claiming the store violated the duty it owed to her to “exercise ordinary care in the operation of its retail sales business.” She is also claiming that Costco failed to provide her with a safe work environment.

Dickey is further alleging that the worker did not properly observe the area around him before rolling out the flatbed.

In her lawsuit, Dickey is seeking damages for her medical expenses, pain and suffering, disfigurement, physical impairment, disability and mental anguish. She is also seeking compensation for lost wages and lost earning capacity.

Dickey’s husband, also a plaintiff in the Texas personal injury lawsuit, is seeking damages for loss of consortium due to his wife’s injuries.

Dickey is not an employee of Costco. She works for C.D.S Club Demonstration Services and was in the store as a representative of her employer at the time of the accident.

To read more about Dickey’s personal injury lawsuit and workplace accident, click here for the complete story.

Fears | Nachawati is a Texas personal injury law firm. We represent individuals who have been hurt on the job in seeking compensation for their injuries and financial losses. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

Construction worker falls 30 feet at hotel construction site

A construction worker fell 30 feet off of a piece of scaffolding and landed on concrete while working on a hotel in north Bexar County. The worker was wearing a helmet and a harness when he fell.

The worker, whose name has not been released, was a 30-year-old man. He was working at the JW Marriott Resort construction site when the accident took place.

Emergency medical services were dispatched and arrived at the scene around 10 a.m. The worker, who was unconscious when they arrived, was airlifted to UniversityHospital.

Information about his current condition has not been released, and the cause of the construction site accident remains unclear. The construction company running the site, Austin Commercial, said only that they were investigating the incident.

According to a member of the Bexar Bulverde Fire Department, “You could tell he had some internal injuries and possibly some brain trauma as well.”

To read more about this Texas construction site accident, click here for the full story.

If you have been injured on the job, contact Fears | Nachawati today. We are a Texas personal injury law firm that represents victims of construction site accidents. For a free legal consultation, contact Fears | Nachawati at info@fnlawfirm.com or 1.866.705.7584.

 

Jury awards nearly $10 million to injured industrial worker

In 2006, an industrial worker was doused with acid in a Texas workplace accident. The worker, Jason Jenkins, suffered severe eye damage as a result. Jenkins sued for his injuries and was recently awarded $9.6 million dollars by a Houston jury.

The accident occurred when Jenkins was adding acid through an acid addition system while on the job at Equistar Chemicals. The jury found that the Dallas, Texas, company Occident Chemical Corporation was negligent in its design of the acid addition system.

In his workplace accident lawsuit, Jenkins alleged that the system lacked a pressure indicator and that it did not properly vent pressure. As a result, the pressure vented near Jenkins’ face, causing him to lose most of his vision in one of his eyes.

Both Occidental and Equistar were found responsible for the accident. Jenkins was also found to be 5% responsible.

To read more about this Texas on-the-job accident lawsuit, click here for the full story.

Fears | Nachawati represents workers who have been injured on the job. To learn more about your potential work site accident personal injury claim, contact us today for a free legal consultation. You can contact us by email at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

 

Picketers hit by car in Fort Worth, Texas

Two picketers were struck by a car Wednesday morning as they protested outside of a Fort Worth, Texas, Bell Helicopter plant.

The driver was 76-year-old Cullen McNair, a nonunion Bell Helicopter employee. McNair accelerated his vehicle as two picketers were walking between cars, knocking both victims to the ground.

McNair was arrested on charges of aggravated assault with a motor vehicle, a second-degree felony that could land him in prison for up to 20 years.

Approximately 2500 Bell Helicopter manufacturing workers went on strike one month ago at several plants in the Dallas/Fort Worth area. Negotiations resumed for a fourth time on Wednesday.

The victims suffered only minor injuries.

To read more about this Fort Worth car accident,click here for the complete article.

Have you or a loved one been hurt in a car accident? Contact Fears | Nachawati today for a free legal consultation on your potential car accident personal injury claim. Just email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

 

Company may face negligent homicide charges in construction site accident

According to an Austin, Texas, police search warrant, the scaffolding that collapsed, killing three construction workers was improperly assembled.  The story was previously posted in our blog here

If the claim of negligence is substantiated, then the construction company who put the platforms together could be facing charges of negligent homicide. Criminally negligent homicide is a felony which can result in 2 years of jail time and a fine of $10,000.

The warrant was issued last week, enabling police to seize parts of a mast climber, which is a platform scaffold used by workers to scale the outside walls of buildings. According to the warrant, the device which was seized was constructed by American Mast Climbers of Whitney.

General Metroplex Interiors, the subcontractor hired to handle the building of stucco and frame work, hired American Mast Climbers to install and maintain the scaffolding.

The pieces of scaffolding were seized by investigators in order to determine what caused the equipment failure that ultimately led to the collapse. OSHA investigators, after examining the equipment, informed police that some of the components that made up the mast climbers were faulty. The use of this faulty equipment, says OSHA, may be enough to warrant a charge of criminally negligent homicide.

For more on this Texas construction accident, click here to read the full article.

If you have been injured in a Texas construction site accident, contact us today. To speak with a Texas personal injury lawyer and receive free legal advice about your potential construction site accident claim, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Texas worker killed on the job, local residents protest

The waste-processing worker who was severely burned in an on-the-job accident has died. His death has sparked a series of protests from Houston, Texas, citizens who live near the plant, CES Environmental Services.

The victim, who officials have declined to publicly identify, was cleaning a tank, which had been carrying ethanol, when the accident occurred. The accident took place when the lantern the employee was using to examine the tanker caused an ethanol flash. The Harris County Medical Examiner’s Office says that the worker suffered third-degree burns over most of his body as a result of the explosion.

This worker’s death was actually the third fatal on-the-job accident at a regional CES operation since December. The two other accidents did not take place at the same operation where Tuesday’s explosion took place. Other incidents, however, have occurred there in the past nine months, including one fire and two explosions.

Back in January, Houston sued CES Environmental Services after two explosions at the operation shook the ground and sent debris flying into the yards of nearby homes. The lawsuit sought to have the facility temporarily shut down. A settlement was reached in February.

Since the time of the lawsuit, both OSHA and the Texas Commission on Environmental Quality has alleged numerous violations of safety regulations against CES.

For a more in-depth look at this Texas workplace accident, click here for the complete story.

The Texas personal injury attorneys of Fears | Nachawati represent the victims of workplace accidents in bringing suits against the responsible parties. In tragic cases of fatal accidents, Fears | Nachawati provides legal representation to the victim’s family in bringing a Texas wrongful death lawsuit.

 

For a free consultation with one of our Texas personal injury lawyers, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

 

Texas worker is seriously injured on the job in chemical explosion

An explosion at a chemical processing plant left a Houston, Texas, worker severely burned.

The worker was cleaning a tank at a chemical processing plant located on Griggs Road in Houston when the accident occurred. For reasons that remain unknown, the tank blew up, seriously injuring and severely burning the worker.

The injured worker was immediately transported to a nearby hospital with CPR in progress.

The workplace accident will be investigated by OSHA.

The complete article on this Texas workplace injury is available here.

Fears | Nachawati is a Texas personal injury law firm that represents workers who have been injured while on the job. To receive a free consultation from an injury attorney, contact us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

 

Hiring the Best Personal Injury Lawyer

People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers.  Here are some factors you should consider when it comes to hiring a personal injury lawyer:

Factors important in hiring the Best Personal Injury Lawyer:

1.  Has the lawyer or law firm your are considering hiring ever tried a lawsuit?  If so, when was their last trial and what was the outcome? 

2.  Has the lawyer you are considering hiring ever been disciplined by the State Bar of Texas? (check www.texasbar.com)

3.  Has the lawyer ever completed a judicial clerkship--a prestiguous honor bestowed on only approximately 2% of lawyers in the nation?

4. Does the lawyer you are considering hiring sound well-informed and knowledgeable regarding personal injury law?

5. Has the lawyer ever settled a case or tried a case and obtained a significant recovery?

6.  Does your lawyer have the necessary resources to prosecute your case?

7.  Can you relate to the lawyer and does your intuition tell you that the lawyer is trustworthy?

8.  Where did the lawyer go to law school, and more importantly, what has the lawyer's practical experience been since law school?  Remember, years of experience does not necessarily mean a more competent lawyer.

This list of factors is non-exclusive.  The author of this article, attorney, Majed Nachawati, is frequently quoted by newspapers, media, and has been recognized as a top lawyer.  Mr. Nachawati is a former judicial law clerk and has settled and tried numerous lawsuits to verdict resulting in large recoveries for his personal injury clients. Questions or comments can be emailed to mn@fnlawfirm.com or by telephone - 1.866.705.7584.

Farm worker hit by truck while on the job

A 23-year-old farm worker was hit by a truck while working in a field in Lubbock, Texas.

The on-the-job accident took place on Wednesday as the victim, John Ybarra, was picking zucchini in a south Lubbock field.

The driver of the truck was 53-year-old Bill Green. Authorities say that Green was driving on East 82nd street when he drove into the field where Ybarra was working. Green then began driving in circles, eventually striking Ybarra.

Green refused to exit his vehicle, forcing authorities to break a window and forcibly remove him from the truck. He was then arrested. The district attorney’s office is waiting on toxicology reports to determine whether Green was drunk at the time of the accident.

Ybarra was taken to a hospital in critical condition. He is now expected to fully recover and is being treated for a broken breast bone, ribs and collar bone. Ybarra will be left with a scar on his face due to the truck running over his head. His condition has been downgraded to serious.

Fears | Nachawati is a Texas personal injury law firm representing victims of on-the-job accidents. If you have been hurt while working, just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

Diver hired to retrieve golf balls drowns in industrial accident

A 27-year-old man diving for golf balls in water traps around a golf course drowned last Wednesday. The death is being considered an industrial accident.

 

The Las Colinas Country Club golf course hired Christopher Logan to retrieve the golf balls. Logan is scuba certified and worked for the golf course part time.

 

When Logan had not returned by closing time at 8 p.m., an employee went looking for him.

 

Logan’s breathing apparatus was found floating in the water near the 18th hole. The pump which supplies air to Logan was not running. His body was later discovered submerged in the water. The death was ruled an accident due to drowning and carbon monoxide effects by the Dallas County medical examiner.

 

Because the drowning is being considered an industrial accident, it is being investigated by OSHA.

 

For more on this workplace accident, click here.

 

Fears | Nachawati is a Texas personal injury law firm that represents individuals who have been injured on the job. If you or a loved one has been hurt in the workplace, contact us today for a free legal consultation. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

One million dollars sought by Galveston seaman in personal injury lawsuit

A Galveston, Texas, man is seeking damages in excess of $1 million in a personal injury lawsuit after being thrown from a truck bed during a car accident. 

 

The plaintiff is seaman Richard Mendez. In the suit, Mendez accuses both his employer William Wright (A&B Seafood) and the driver of the truck of negligence. Both defendants are blamed for what Mendez is calling “severe and disabling injuries.”

 

Mendez was working as a deckhand for Wright on a commercial fishing vessel named the Alice Mae. The vessel was forced to return to Galveston after four days at sea due to inclement weather.

 

Upon arriving in Galveston, Mendez secured a ride home from Alva Porterfield of Newport, Virginia. Porterfield, the lawsuit alleges, failed to yield to the right of way at a stop sign. The resulting collision with another car caused Mendez to be thrown from the bed of the truck in which he was riding.

Plaintiff Wright is being sued for his failure to ensure Mendez’s safe transport to and from the vessel.

Both Wright and Porterfield are being sued for the “pain and suffering, mental anguish, emotional distress, disability and disfigurement” Mendez claims to have suffered due to the car accident.

To read more about Mendez’s Texas personal injury lawsuit, click here.

 

The personal injury lawyers of Fears | Nachawati offer free legal consultations to accident victims. Simply email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

Oilfield worker killed in on-the-job accident

An oilfield worker is dead after an industrial workplace accident on Wednesday morning. The fatal accident took place at around 10:30 a.m. near County Road 1040 and East County Road 120 at an Endeavor resource well.

 

The victim was 24-year-old Esau Villerial DelaRosa. DelaRosa was working with Excel Well servicing on a pulling unit at the location.

 

The accident occurred when a swivel swung around and struck the worker in the head. The worker was pronounced dead at Midland Memorial Hospital from massive head injuries.

 

For more on this Texas workplace accident, click here for the full story.

 

Injured on the job? Contact the workplace accident attorneys of Fears | Nachawati. You can email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

Construction worker dies on the job after being run over, dragged by semi-trailer truck

A construction worker was killed Tuesday morning, June 23rd, when he was run over by a semi-trailer truck at his work site in The Colony.

 

The construction site where the accident occurred was located at the Office Creek Pump Station in the 4100 block of Main Street. The construction worker was first run over by the truck, then dragged underneath it.

 

At the time of the accident, the construction worker was under the truck performing some type of repair. The driver, who was unaware of the worker’s location, began to drive forward and away from the site. Other workers saw the man being dragged and stopped the driver.

 

CPR was performed on the worker at the scene of the accident. He was transported to a nearby hospital where he was pronounced dead.  OSHA will be conducting an investigation of the incident. No criminal charges are expected.

 

Click here for the rest of the story.

Fears | Nachawati is a Texas personal injury law firm representing victims of on-the-job accidents. For a free consultation, email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

Wrongful death lawsuit filed by family of man killed in workplace accident

The family of one of the construction workers killed in Austin, Texas, when a piece of scaffolding collapsed has filed a wrongful death lawsuit.

The wrongful death lawsuit has been filed on behalf of the wife and children of Wilson Cerritos. This lawsuit comes on the heels of a workplace accident that took place at the construction site of the 21 Rio condo project last week. Cerritos and two other construction workers were killed when the scaffold they were standing on plunged several stories.

One of the defendants named in the wrongful death lawsuit is American Mast Climbers, the manufacturer of the scaffolding. According to the lawsuit, American Mast Climbers manufactured a defective product and failed to provide adequate warnings.

In addition, the general contractor and subcontractor are accused of negligence for failing to provide Cerritos and the other men with a safe working environment.

For more on this Texas wrongful death lawsuit, click here.

At Fears | Nachawati, we represent families in bringing wrongful death lawsuits against the responsible parties. If you have lost a loved one and believe you may have a claim for wrongful death, contact us today for a free legal consultation. You can contact us by email at info@fnlawfirm.com or by phone on our toll-free helpline: 1.866.705.7584.

Personal 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.

Three workers killed in construction accident

A construction accident in Austin, Texas, has left three workers dead after a scaffold collapsed beneath them, sending two men plunging 13 stories to the ground.  The victims were working on a high-rise apartment building at 21st and Rio Grande streets on Wednesday afternoon.

The three workers were standing on a piece of scaffolding when it fell from the 11th story of the building, landing on the 7th or 8th story.  The victims are Wilson Joel Irias Cerritos, 30, Jesus Angel Lopez Perez, 28, and Raudel Ramirez Camacho, 27. A fourth man who was also on the scaffold survived. 

As is standard, the accident is being investigated by the Occupational Safety and Health Administration. The reasons for the collapse are still unknown.  

For more on this Texas workplace accident, click here.

Fears | Nachawati represents workers who have been injured while on the job. To learn more about your legal rights, email us at info@fnlawfirm.com or call us toll free at 1.866.705.7584 for a free consultation.

 

Texas workplace injury claims: subscriber and non-subscriber 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.

Personal Injury Claims - How long do I have to file suit?

In Texas, the amount of time a person has to file their claim or case with the courts varies according to the type of lawsuit or claim that is filed.  While there are limited exceptions to when limitations expires, a lawsuit or claim should be filed well ahead of the expiration of the applicable limitations statute.  The reasoning for filing well in advance is that many complications could arise in computing the time line, and once the limitations date expires, you generally lose your right to sue forever--something you do not want to happen.  General legal information on some Texas statute of limitations is listed below:

- Personal Injury - 2 years from date of injury

- Injury to Property - 2 years from date of injury

- Product Liability - 2 years

- Wrongful Death - 2 years from date of death

- Minors - does not begin to run until minor reaches age 18

Call the lawyers at Fears | Nachawati Law Firm if you have questions about your potential case and the proper calculation or the statute of limitations. 1.866.705-7584 or info@fnlawfirm.com

 

 

Why Handling Your Own Personal Injury Claim is a Terrible Idea

Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer.  They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible.  If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law. 

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time.  While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client."  If you have legal questions or need help or need legal advice with your personal injury claim, feel free to email or call me - mn@fnlawfirm.com or 1.866.705-7584. 

 

What is a personal injury lawsuit?

A personal injury lawsuit is based on one person being injured because of the negligent actions of another person. A person is negligent if they fail to act with the prudence that a reasonable person would under the same circumstances. Liability can also be founded on behavior that is reckless or intentional. The person liable for the accident is the defendant, while the person bringing the suit is the plaintiff.

The purpose of a personal injury lawsuit is to compensate the victim for their injuries and losses. These are known as “damages.” The amount of compensation awarded to a plaintiff in a successful personal injury claim depends on the extent of their injuries, both physical and emotional.

The law surrounding personal injury lawsuits varies from state to state. That is why it is so important that you seek the advice of a Texas personal injury attorney. Only an attorney versed in Texas personal injury law can properly advise you on your potential claim.

The law firm of Fears | Nachawati represents accident victims in personal injury lawsuits. To find out if you may have a personal injury claim, contact us today to receive a free consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

You should not hesitate in consulting with a Texas personal injury attorney. If you wait too long, your claim might be barred by the state’s statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring your personal injury claim.

Fatal accident leads to Texas oil refinery facing 30 OSHA citations

An east Texas oil refinery has been charged with 30 safety violations after an inspection by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The refinery is Delek Refining Ltd., which is located in Tyler, Texas. The inspection was prompted by the death of two refinery workers and injuries to three others.

The fatal accident occurred after a Naptha discharge line ruptured at the saturated-gas unit. Flammable vapors were ignited, causing the fire that killed two and injured three.

The inspection led to OSHA finding that a willful violation was responsible for the deadly accident. The violation was failing to adequately maintain and repair the refinery’s processing equipment. According to OSHA standards, a willful violation is committed with either indifference to or intentional disregard of OSHA requirements.

Other violations for which the refinery were cited include those involving asbestos, benzene, electrical and fire extinguisher standards. These citations are an indication that OSHA believes the problems could lead to serious injury or death, and are violations which the employer either knew about or should have known about.

The refinery potentially faces penalties totaling $217,350.

OSHA is a government agency charged with the mission of preventing work-related injuries, illnesses and deaths. If an OSHA violation leads to the death or injury of you or a loved one, you may have a legal claim.

To find out more about personal injury, work accidents and wrongful death claims, contact Fears | Nachawati for a free consultation. Contact us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

 

Four contractors suffer injuries in vessel accident

Four contractors were injured Wednesday morning when a vessel lined with cement rolled off its supports. The accident took place at Freeport Welding in Freeport, Texas.

All four men were inside of the vessel when it started to roll on the backside of the welding facility. Three of the contractors were taken to a Houston hospital by helicopter. The fourth was driven to Brazoport Regional Health System in an ambulance.

Unfortunately, injuries in the workplace are all too common. The victim of a workplace accident may find themselves without any means of supporting themselves and their family. The injuries may even be permanent and life-altering.

Fears | Nachawati may be able to help. Contact us today for your free consultation if you or a loved was injured in a workplace accident. You can e-mail us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

Texas House Bill restores the Right of Injured Contract Workers to Sue

The Texas House passed House Bill 1657, a piece of legislation that restores an injured worker's right to sue property and premises owners for negligence.  The bill was proposed in response to Entergy v. Summers, a Texas Supreme Court decision involving workers’ compensation which garnered much attention.

The questionable Entergy opinion issued by the often criticized Texas Supreme Court addressed whether a property and premises owner can be sued by an injured employee of a contractor.  Because of the Supreme Court's highly criticized decision, property owners who purchased workers’ compensation insurance for contract workers who perform work on their premises enjoyed complete liability protection.  In response to the allegedly flawed opinion, the Texas House quickly passed a bill to invalidate the Supreme Court's decision, an opinion which many viewed as an opinion that was bought and paid for by Big Insurance and special interest lobbyist groups.

For more information on HB 1657 and the Entergy case, click here for the full article.

Fears | Nachawati works hard for employees and contractors who have been injured on the job. To find out if you have a work-related personal injury claim, contact us today for a free consultation at mn@fnlawfirm.com or toll free at 1.866.705.7584.
 

Building Demolition Accident Injures Worker, Police Officer

A demolition worker in Irving, Texas, suffered two broken legs as a result of a building collapsing on him. The accident took place during the afternoon of Tuesday, May 12th. A police officer called to the scene to rescue the worker also suffered a broken leg.

The accident occurred during a routine demolition of a one-story commercial building. The injured worker was inside of the building, collecting copper wiring, when the building was accidentally bumped by a bulldozer. The minor collision caused the entire building to collapse.

The worker, who has not been identified, was trapped inside of the building. He was unable to free himself because his legs were trapped under the debris. The Irving patrol officer climbed over the debris, trying to reach the worker, and broke his leg in the process.

Neither the worker nor the police officer suffered life-threatening injuries, according to Mike Evitts, Assistant Fire Chief.  Individuals injured in workplace accidents may have a personal injury claim. For a free consultation with a Fears | Nachawati attorney, simply complete the contact form on this website or call 1.866.705.7584.

 

Construction worker killed in water tower accident

Construction worker Rob Harrell, 34, of Grand Prairie, was killed when a trench wall collapsed at a water tower construction site.Harrell was in the 10-foot trench as he attempted to connect the new water tower to its power source. The fatal accident occurred on the morning of May 6th at the site in Arlington, which is located about two miles from the University of Texas at Arlington. Harrell was an employee of Harrell and Associates, the company which had contracted with Landmark Structures to construct the tower.  The accident is currently being investigated by the federal Occupational Safety and Health Administration (OSHA). Details of the report will not be released for at least 6 months.

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Accidents and Injuries at Work: 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.