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The Complexity of Workers’ Compensation Insurance in Short

The reality of resolving a claim for compensation is far from what is commonly portrayed in our media. Unlike Perry Mason or Judge Judy, the courtroom is characteristically frequently devoid of drama and excitement, but commonly involves the silent drama of attorneys paralegals, and other legal staff members navigating the morass of legal backwaters and case law to determine the proper opportunities and conditions specific to your case. This silent drama represents a world in which the experienced and capable wrongful death attorney performs his or her service to the public. Workers’ Compensation Law, in Texas, has evolved from pressure placed upon the Texas Legislature, by the employers of the state wishing to cap the amounts of compensation received by injured workers and the families of workers killed on the job.

This has resulted in what is known as “Tort Reform”, which has rewritten Workers’ Compensation Insurance Law to the benefit of companies subscribing to Workers’ Compensation Insurance. Companies who have opted to carry Workers’ Compensation Insurance are known as “subscribers” and are only liable for damages. In addition, those are only granted to injured workers and the families of workers killed in fatal workplace accidents if proof of their gross negligence is provided to substantiate a claim for compensation. More information our San Antonio Workers Comp Lawyer here
Companies who have not opted to carry Workers’ Compensation Insurance are known as “non-subscribers” and are subsequently “punished” by not being protected from lawsuits arising from injured workers and the families of workers killed in fatal workplace accidents. Those seeking compensation for their losses from a non-subscriber employer need only prove “standard negligence”, and enumerate the validity of the amount of the compensation sought, to substantiate their case. More information our San Antonio Work Injury Lawyer here
In either case in which a lawsuit suing for compensation arises, the liable employer (legally designated as the defendant) habitually begins with the assistance of a team of defense lawyers to build a case against the deceased worker utilizing every means possible, whether legal or illegal. The tactics utilized by the employers and their teams of defense lawyers include, but are not limited to:

The manipulation of evidence to appear damaging to the plaintiff’s claim for compensation.
Destruction of evidence that offers proof of the employer’s negligence, or gross negligence.
Attacks on the character, work ethic, or emotional/physical capability of the deceased worker to safely execute the duties of his or her position.
The misrepresentation of the “employer-employee relationship”, in the issuance of statements and documents intended expressly to identify the deceased worker as anything other than a “general employee.”

Employers are not legally required to provide a duty of safety to contractors and temporary workers, and many will begin to build a claim against those individuals well in advance of any such accident. Employers may also claim to be hiring “contractors” or “temps” to execute the duties of jobs (usually the most dangerous, or hazardous jobs), when in fact the individuals they hire are legally recognized as “general employees”, by Texas State Law. This tactic is utilized in avoidance of the need to carry Workers’ Compensation Insurance and to prevent lawsuits arising from any future injuries or fatalities. In resolving claims for compensation from our clients, the wrongful death attorneys of our Law Office have been able to uncover and expose these deceitful tactics and ensure that justice is served. We have assisted thousands of Texas families identify all parties liable for damages, determine their legal courses of action, and secure restitution. Our law firm is recognized for its leadership and diligent practice of wrongful death law. A reputation that is known nationwide and makes defense attorneys fear litigating cases against our professionals. Let us assist you in securing compensation for your loss, and bring those responsible for the death of your loved one to justice.

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