ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.  However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim? Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” […]

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What are Personal Injury Protection and Medpay?

What are Personal Injury Protection and Medpay?  Personal Injury Protection (PIP) PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.  https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm   Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms.   The lawyers at Wham & Rogers can help with your PIP claim.  Call us at 832-592-1108, or fill out a form on our contact page:  https://www.whamandrogers.com/contact/   The information […]

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What is Personal I

  Personal Injury Protection (PIP) PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.  https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms. The lawyers at Wham & Rogers can help with your PIP claim.  Call us at 832-592-1108, or fill out a form on our contact page:  https://www.whamandrogers.com/contact/   The information in this blog is not, nor is it […]

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source http://www.whamandrogers.com/blog/what-is-personal-i/

ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.   However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim?  Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” claim. A Third Party claim is […]

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source http://www.whamandrogers.com/blog/job-injuries-two-critically-important-questions/

Why You Need Uninsured and Underinsured Motorists Coverage

  What is Uninsured Motorists Coverage? Uninsured motorists “UM” coverage protects you if you are injured by a driver with no insurance.   You may assume that other drivers will follow the law and will buy auto insurance just like you do.    However, this is not always the case.  There are many uninsured drivers on our roads.  Some drivers never buy auto insurance and take their chances on being ticketed. Some drivers have coverage but miss their monthly payment so the coverage lapses. In other cases, the owner of the car may have coverage, but may allow an excluded driver (usually a family member with a bad driving record) to drive the car, so there is no coverage. What you may not realize is that even if a driver does have auto insurance, if the driver does not “cooperate” with his insurance company, the insurance company can deny coverage. If you are injured by a driver with no insurance coverage and you do not have UM coverage, you may have no way to collect from the at- fault driver.   Typically, drivers with assets to protect have auto insurance.  It’s usually those drivers with nothing to lose who do not carry auto insurance. To protect yourself and your family from uninsured drivers, it’s important to carry uninsured motorists coverage, with limits high enough to protect you should the worst happen. What is Underinsured Motorists Coverage? Underinsured Motorists Coverage “UIM” coverage protects you in the event the at-fault driver does not have enough […]

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Essure Implant Litigation

The Ensure implant was marketed as a permanent birth control device by the Bayer company. More than 16,000 U.S. women are suing Bayer over the Essure implant device. The Food and Drug Administration has placed multiple restrictions on the Essure device following patient reports of pain, bleeding, allergic reactions and cases where the implant punctured the uterus or shifted out of place. After thousands of injury reports from women, and repeated safety restrictions by regulators, Bayer has announced that it will stop selling the Essure device in the U.S. Last year, Bayer stopped selling the device in Europe. https://www.washingtonpost.com/news/to-your-health/wp/2018/07/20/sales-of-essure-birth-control-implant Injuries associated with Essure include: • Bleeding • Abdominal pain and cramping • Chronic pelvic pain • Implant migration • Perforation/tearing of the uterus or fallopian tubes • Back, joint or muscle pain • Muscle weakness • Unintended pregnancy, miscarriage, fetal death • Surgeries to treat the complications The FDA has posted Essure information on its website: https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/essurepermanentbirthcontrol/ucm452254.htm What should you do if you are having problems caused by the Essure device? The Mayo Clinic recommends that you talk with your doctor about your options if you have persistent pain or other symptoms that you think might be related to the Essure device, and advises that removing the Essure device may require surgery, which poses certain health risks. https://www.mayoclinic.org/tests-procedures/contraceptive-implant/expert-answers/essure-discontinued/faq-20436674 If you or a loved one has been harmed by Essure implants, contact us. We may be able to help.

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Food Safety Alert: What you need to know about the current E.coli outbreak

What actions do you need to take to avoid an E.coli infection? The U.S. Center for Disease Control has advised that U.S. consumers not eat any romaine lettuce, and retailers and restaurants not serve or sell romaine lettuce, until more is learned about the outbreak. Also, drawers or shelves in refrigerators where romaine was stored should be washed and sanitized. https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html • Consumers who have any type of romaine lettuce in their home should not eat it and should throw it away, even if some of it was eaten and no one has gotten sick. • If you do not know if the lettuce is romaine or whether a salad mix contains romaine, do not eat it and throw it away. • Wash and sanitize drawers or shelves in refrigerators where romaine was stored. Follow these five steps to clean your refrigerator. • Restaurants and retailers should not serve or sell any romaine lettuce, including salads and salad mixes containing romaine. Take action if you have symptoms of an E. coli infection: • Talk to your healthcare provider • Write down what you ate in the week before you started to get sick • Report your illness to the health department • Assist public health investigators by answering their questions. How many have become ill from this E.coli outbreak? At least 32 people have become seriously ill due to the latest E. coli outbreak. Epidemiologic evidence from the United States and Canada indicates that romaine lettuce is a likely source […]

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