Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

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. 

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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.

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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. 

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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. 

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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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Two men injured in the May 2^nd 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.

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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.

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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.

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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 18^th 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.

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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.

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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. 

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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.

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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.

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 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 21^st. 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 to consider when considering whether hiring a 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.

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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 82^nd 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.

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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 18^th 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.

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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.

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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.

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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.

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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.

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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.

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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 11^th story of the building, landing on the 7^th or 8^th 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.

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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.

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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

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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. 

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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.

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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.

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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.

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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.
 

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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.

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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 6^th 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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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.

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