Dallas Personal Injury Lawyer - Workplace Injuries

Employee Right to Choose Doctor When Injured On the Job

Jeff Rasansky — Fri, 13 Mar 2009 08:57:03 GMT

Each morning when I arrive at work – usually by about six - I’m surprised to see the construction crews already on site next door. Next door to our Dallas office another gargantuan office tower is going up, and each day I glance out the window and see those men and women hard at work, in wonderment of what’s been accomplished so far.

And when I came across a story this morning detailing a political fight in Iowa over whether an employee can choose his or her own doctor if injured at work, I was incensed.

The bill authorizing employee choice in medical decisions when facing an on-the-job injury has made it through the Iowa House Labor Committee, but Republicans in the full House have vowed to fight the bill when, and if, it is presented for debate on the floor. The outcome of this bill is quite uncertain.

Employers and insurance companies vehemently oppose the bill, stating that the impact from an employee choice in doctors would only lead to higher medical and employer costs without any discernable benefit to injured workers. This view is directly countered by statistics from the state of North Dakota, which allows its employees to choose their medical provider when injured on the job. Worker’s compensation insurance premiums in North Dakota are among the lowest in the US.

Employees and unions support this bill - it’s all about their health and well-being, and the choice of doctors should not be mandated by an employer. To force an employee to a doctor retained by the company shifts the emphasis from an employee’s well-being to getting the employee back on the job with minimal cost. I agree with this view, and find it despicable that an injured employee may not be able to see his family doctor, a specialist, or whomever the employee believes is appropriate for medical care following a workplace injury.

Originally posted at InjuryBoard by Jeff Rasansky

Construction Crane Accident Attorney in Dallas

Jeff Rasansky — Mon, 05 Jan 2009 12:47:05 GMT

Construction accidents are very common in that particular industry. There are many perilous aspects to working around construction and it is quite easy to get hurt when working on scaffolding and around heavy machinery. Heavy cranes are a particular hazard.

It is the responsibility of the employer to make sure that operators of big machines have been trained to their fullest and that they are licensed to perform their duties. If you are working on a construction site that employs the usage of an overhead crane, you must be quite aware of safety precautions.

The most common injury that takes place during a construction site crane industry accident occurs when the crane comes in contact with a power line. This usually ends up in electrocution and will cause the most crane accident deaths. OSHA has guidelines for the use of attachments used on cranes.

If you have been injured in a construction crane accident, you should contact an attorney who specializes in these particular cases. Only then will you be able to determine what direction to take you case in, and whether you will be eligible for compensation for your injuries. Even if you receive workers compensation, you may still be eligible for additional damages, especially if your injuries were caused by a third party. Third parties can be subcontractors, landlords, or anyone else involved in the project.

If you've been injured in a construction crane accident in the Dallas/Ft. Worth Metroplex, contact a D/FW constrcution crane accident at our law offices by filling out the form to the right of this page.

Originally posted at InjuryBoard by Jeff Rasansky

Dallas Brain Injury Lawyer: How do I determine who is at fault?

Jeff Rasansky — Tue, 23 Sep 2008 16:17:46 GMT

Question: I received a brain injury while on the job. How do I determine who is at fault?

Answer: Whenever you are injured on the job, you are able to receive workers’ compensation benefits. However, this compensation is typically not very much and is quite limited. You may not even receive a lump sum payment.

There is hope, however:

In addition to your compensation claim, you may also have a claim against a third party—someone else who may have been responsible for your brain injury. You may be able to sue the makers of faulty equipment or the owner of the property where the injury occurred or the employer whose employee might have caused the brain injury.

Your third party lawsuit may be brought in addition to a workers’ compensation case. Third party lawsuits will provide you the opportunity to achieve pain and suffering compensation. To find out if you have a case, fill out the form to the right of this blog right away.

Originally posted at InjuryBoard by Jeff Rasansky

1 Man Killed, 7 Injured After Wall Collapses at Rice University

Jeff Rasansky — Fri, 20 Jun 2008 10:46:44 GMT

A wall collapse at a construction site on the Rice University campus has left one worker dead and seven others injured.

The collapse happened at around 4 p.m. Five workers were trapped when some of the walls that were being built for dormitories collapsed on the building’s second floor.

One man died while four others were transported to local hospitals. The extent of the injuries sustained by the workers is unknown.

Currently the cause of the collapse is being investigated. The building has been under construction since last year and is set to open in the fall of 2009. A separate investigation by the contractor and the federal Occupational Safety and Health Administration will attempt to determine the cause of the collapse.

Originally posted at InjuryBoard by Jeff Rasansky

Worker Seriously Injured By Heavy Equipment Accident

Jeff Rasansky — Tue, 29 Apr 2008 10:25:27 GMT

According to this article at silive.com, a worker at a Staten Island construction site was injured Monday night after he fell off of a front-end loader and was crushed by one of the wheels.

The victim was taken to Richmond University Medical Center and remains in critical condition at the time of this writing. The accident is still pending investigation.

According to reports, the man attempted to board the front-end loader as it was still moving and then slipped on the machine's ladder, landing beneath one of the massive wheels. It's worth noting that this particular piece of equipment weighs an astounding 30,000 lbs. It is a miracle that this gentlemen has survived an accident like this. We hope that he makes a full recovery.

Working with heavy machinery is a dangerous line of employment. As such, it becomes necessary to take precautions when operating around equipment like front-end loaders. Failure to adhere to safety guidelines can result in serious injury and even death. At the Rasansky Law Firm, we have won settlements for clients involved in a wide variety of workplace injuries. If you've been hurt on the job, make sure you call visit Texasinjuryattorney.com or call 1 800 ATTORNEY today.

Originally posted at InjuryBoard by Jeff Rasansky

Parkland Hospital Sued for Unpaid Overtime

RLF Staff — Fri, 14 Mar 2008 09:05:59 GMT

Claiming she and other nurses had not been paid overtime for work done over the course of three years, Carrolton-resident Angela Valcho has filed a lawsuit against Parkland Health & Hospital System. As an hourly employee, a 30-minute lunch was automatically deducted when clocking in and out of the payroll system. According to her attorney, Alan Crone, Valcho claims there were several days when she was interrupted during lunch or unable to take one at all.

According to an article in today's print edition of the Dallas Business Journal, lawsuits over unpaid overtime are growing in North Texas, with an increase of almost 90 percent in the past eight years. Additionally, approximately $163 million in overtime back wages was collected by more than 311,000 employees throughout the nation in 2007 - and that's just in the cases where the Department of Labor was involved.

The amount Valcho is seeking was not specified, but with more than 2,300 full-time nurses, the hospital could face a domino-effect with other employees following Valcho's lead if she wins. If you think you are entitled to back unpaid overtime wages, contact an Overtime Attorney today or visit this link to find out more.

Originally posted at InjuryBoard by RLF Staff

Overtime Recordkeeping

Jeremi Young — Tue, 06 Jun 2006 16:26:04 GMT

Many employers will tell employees that overtime will not be paid without the permission of a supervisor.

However, supervisors then give employees too much work to be completed in a 40-hour week, which requires the employee to work longer to avoid disappointing his/her supervisor. Then if the employee submits the time worked, it is refused because it was not approved. This is not legal.

The obligation to keep accurate records of hours worked lies with the employer, not the employee. And an employee cannot use as an excuse that approval was not given, that the employee didn't write down the time, or something similar.

Originally posted at InjuryBoard by Jeremi Young

Carnival Cruise Lines Settles Unpaid Overtime Lawsuit

Robert Wolf — Mon, 08 May 2006 16:31:42 GMT

From a honeymooner going overboard to alleged medical malpractice (update: not to mention the filing of Princess cruise lawsuits), it has not been a banner year for public relations of cruise lines. To add to the growing list of bad PR, Carnival Cruise Lines will pay $6.25 million to thousands of current and former crew members who alleged in federal lawsuits they were not paid enough overtime, the workers' attorney said.

If approved by U.S. District Judge Marcia Cooke, the settlement would mean payouts of between $100 and $150 for nine named lawsuit plaintiffs and other amounts for as many as 39,500 people who worked on Carnival ships beginning in November 2001.

"They're very hardworking people who come from all over the world," said the attorney representing the crew members. "From their perspective, it's a significant amount of money."

The Miami-based cruise line will not admit wrongdoing under the settlement but will establish a grievance and arbitration process for pay disputes, according to the attorney.

Officials at Carnival, the world's largest cruise line and a subsidiary of Carnival Corp., declined comment Wednesday because the case is still pending. A court filing said both sides have agreed to a settlement, but did not specify an amount.

According to the Seattle Post-Intelligencer, the lawsuits were filed in March and October by Carnival workers who said the cruise line failed to pay them for work more than their regular schedules, which are often 70-hour work weeks. Carnival and other cruise lines typically don't follow U.S. wage and labor laws because their ships carry foreign flags.

One of the lawsuits was initially dismissed but the 11th U.S. Circuit Court of Appeals was considering whether it could continue when the settlement was reached. The second lawsuit was on hold pending the outcome of that appeal.

A similar lawsuit is pending in Miami federal court against Princess Cruises, a California-based subsidiary of Carnival. Royal Caribbean Cruises Ltd. settled an overtime pay dispute in 2002 in New York.

Originally posted at InjuryBoard by Robert Wolf

Employee or Contractor Under Overtime Laws

Jeremi Young — Wed, 03 May 2006 10:31:51 GMT

Are you treated as an independent contractor by the company you work for? If so, you should take a closer look at whether you are being legally treated that way.

Many company's tell workers they are "independent contractors" in order to avoid the obligations tha come with employment. However, the mere fact that taxes are not withheld from your check does not mean you are properly classified as an indepenent contractor. What's more, it is possible for you to be an independent contract as far as the IRS is concerned but still be an employee under the Fair Labor Standards Act (FLSA), which is the law governing minimum wage and overtime.

What difference does it make? A big one. If you are an employee under the FLSA, and you are not otherwise exempt, your employer must pay you overtime for hours worked over 40 in a workweek. This is true whether you are paid by the job, comission, or in other ways.

Whether you are an employee under the FLSA depends on several factors: 1) the degree of control you, versus your employer, has over your work; 2) the extent of your investment in the job--for example, do you provide your vehicle, tools, etc.; 3) the extent to which opportunity for profit/loss is determined by you versus your employer; 4) the degree of skill required in performing the job; and 5) the permanancy of your relationship.

Are you really an employee?

Originally posted at InjuryBoard by Jeremi Young

Dollar Financial Settles Overtime Suits

Jeremi Young — Thu, 27 Apr 2006 08:05:50 GMT

Financial services company Dollar Financial Corp. has agreed to pay up to $5.8 million dollars to settle three class action lawsuits filed by former employees.

The suit alleged that Dollar misclassified certain of it store managers as exempt under wage and hour laws in California. The Plaintiffs also claimed dollar used an improper profit-sharing formula in computing bonuses paid to store managers.

Originally posted at InjuryBoard by Jeremi Young