Fighting For Your Rights Since 1992.

JOB INJURY

If you were injured at work or become ill as a result of your job, you may be entitled to receive benefits through the Texas Department of Insurance / Workers’ Compensation Division. Texas does not require employers to have workers’ compensation insurance through the State of Texas. Employers can choose between private insurance and insurance through the State. If an employer chooses private insurance, they are obligated to inform all employees of their choice. If you were injured while on the job our Firm can determine what type of coverage your employer elected. 

NEED TO REPORT INJURY

Employees under state workers’ compensation coverage are required to report their injury no later than 30 days after their injury occurs. Failure to do so may result in denial of coverage. It is best to notify the employer as soon as the injury happens. Your employer is required to notify the state through their “Employer’s Notice of Injury Form” in the comp system. Employee’s must file their own “Notice of Injury” form through the Texas Workers’ Compensation Commission within (1) one year after the date of injury. Insurance Carriers are notorious for denying workers’ compensation claims in the hope employees do not hire an experience law firm such as ours. Our firm is willing and ready to fight, help you prepare and file all appropriate documents. Failure to file all your state documents within the timeframe required may result in loss of income benefits and medical benefits. Do not delay call our firm today to discuss your rights. 713-228-2343

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AUTO ACCIDENTS

DEALING WITH AUTO ACCIDENTS

The first step in any serious car or truck accident is to hire an attorney. There are many choices you must make after the accident. Dealing with the adjuster for an insurance company can be very frustrating and confusing. They will request a recorded statement about how the auto accident happened, but then they will inquire about previous auto accidents and old injuries. This has nothing to do with the current accident other than to downplay your current condition. 

Remember the adjuster is on the other side and does not have your best interest at heart. Their job is to offer you as little money as possible on your auto accident. You are just a claim number to them as they have hundreds of cases on their plate. Before dealing with any adjuster it is very important to contact a personal injury attorney that handles auto accidents cases.

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WRONGFUL DEATH CLAIMS

Wrongful Death Claims are there to help the survivors. The lawsuits are filed on the behalf of a family. Either a spouse, parent or child of the decedent. Wrongful Death Claims can come in many forms and are there to help compensate the surviving family members. Some examples include:

Vehicle Wrecks - drunk drivers, accidents involving trucking companies, negligent drivers. If the individual behind the wheel is negligent in taking a life we can help. 

Medical Claims and Nursing Home Neglect - complications related to a surgical procedure, delay in treatment, misdiagnosis, staff or doctors abusing or failure to care for a loved one in a nursing home and other similar claims are filed against the negligent physician or healthcare entity who did not provide the appropriate care. 

However, there is never any true compensation no matter the dollar amount that will substitute for the loss of a family member. If you have experienced the loss of a family member as a result of the Wrongful Death of another, we are here to help. Call Spradlin Law Firm anytime day or night at 713-228-2343 

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INJURED ON THE JOB

If you are injured on the job, you can seek medical attention and reimbursement for time lost due missed work related to the injury through the workers' compensation insurance. Most employers have workers' compensation coverage that is state run. Which means any dispute relating to the claim is filed with the workers; compensation commission of the state. This includes compensability (whether the injury occurred on the job), extent of the injury (all related body parts) or amount of compensation for time loss. 

In Texas, employers are not required to provide state run workers' compensation coverage. These employers have elected to offer coverage for their employees through "look alike" policies. Any claims related to these policies are not filed with the state commission office. If an employer elects to provide this type of coverage than could be setting themselves up for lawsuits by their own employees. Under this system you can file a claim directly against your employer seeking 100% of your medical and income loss. The burden of proof is on the employee to show the employer was negligent in some fashion that caused the injury on the job. 

At the Spradlin Law Firm we have handled both types of cases and are here to help. If you have been injured on the job and are not sure what kind of coverage your employer elected, we can help. Call us today anytime: 713-228-2343. 

 

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DRAM SHOP ACT

Texas Dram Shop Act is contained in the Alcohol Beverage Code. It holds establishments liable for selling alcohol to obviously intoxicated persons. The person suing the bar must prove that they were obviously intoxicated to the extent they were a danger to themselves or others when they were sold alcohol. 

If you or a loved one have been involved in a Dram Shop incident involving an intoxicated person you may have a claim against the bar, restaurant, convenient store or similar entity where alcohol is sold. However, you must prove your claim, this can be done by obtaining the video surveillance of the intoxicated individual from the establishment, other patrons that were there, bar staff and drink receipts. 

Time is of the essence in Dram Shop Cases, evidence can be destroyed, lost or misplaced. If you or a loved one has experienced a loss due an intoxicated person contact, the Spradlin Law Firm immediately at 713-228-2343

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