Workers’ Comp: Are You Really An Employee?

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyer principal office in San Antonio

Are You Really an Employee? Non-Subscriber Defendants Love to Claim You are Not

Many employers, regardless of whether they are workers’ comp subscribers or not, mistakenly believe (or purposefully claim) that their employees are “contractors:” which allows them to escape liability in work injury cases. This is because Texas work injury law states that only “traditional” employees are eligible to file work injury lawsuits, not contractors. Texas law does not provide clear guidelines for determining employee status for the purposes of civil liability. This means an experienced work injury attorney must rely on previous rulings to determine whether a worker is an employee or contractor. In Texas, the sum of the current “case law” is very clear. “In terms of civil liability, an employer-employee relationship is determined by the actual working relationship between employer and employee, not by a contract.” More Information here

Numerous conditions can establish an employer-employee relationship. The most straightforward is a variety of different documents that either state you are an employee or gives a clear public indication on the part of the employer that you indeed are. One clear-cut example is if a worker is performing services that are unique to an employer’s business. For instance, if a person works at Wal Mart, wears a Wal Mart shirt and badge, and serves Wal Mart customers, that person is a Wal Mart employee, regardless of the presence or absence of any sort of “contract” this person might have signed.

Over the past ten years, the line between who is “technically” an employee and who is not has become very confusing for non-attorneys or inexperienced lawyers and, in some cases, very murky. Sometimes you, or your employer, might think you are an employee when you are, in truth, not. Many employers make the mistake of believing that by hiring contractors, they can automatically escape liability in work injury cases. Other non-subscriber employers may know full-well that you’re an employee but purposely mislead you into thinking you are a contractor.
This general topic brings a couple of other important points that may or may not apply to your specific case. If you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related accident, your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, which would then make the company where you actually performed the work a third-party defendant in your accident injury civil case. If the agency is a non-subscriber, then it’s non-subscriber claims across-the-board.

Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription is the primary determiner of your legal strategy, and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit. Again, if all defendants are non-subscribers, then workers comp will not apply in any way.

The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.

So if you or someone you love has been hurt on the job, our attorneys can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice.

Carabin Shaw – Accident Injury Lawyers – Moving Announcement

Press Release

Carabin Shaw – Accident Injury Lawyers Announces Relocation of San Antonio Office

San Antonio, [August 5th 2023] – Carabin Shaw – Accident Injury Lawyers, a leading personal injury law firm in Texas, is excited to announce the relocation of its San Antonio office from its previous location on 630 Broadway, San Antonio, 78215 to a new and improved facility, located at the “old Creamery” 875 E Ashby Pl# 1100 San Antonio, Texas 78212
The move is part of the firm’s commitment to serve their clients better and provide enhanced legal representation in the San Antonio area.

The new office space, strategically located at 875 E Ashby Pl# 1100 San Antonio, Texas 78212, offers an upgraded and modern environment for clients and staff alike. With state-of-the-art facilities and expanded resources, Carabin Shaw is poised to continue delivering exceptional legal services to individuals and families who have suffered injuries due to accidents.

Carabin Shaw’s team of experienced attorneys remains dedicated to fighting for the rights of their clients and maximizing their compensation. Whether it’s a motor vehicle accident, workplace injury, medical malpractice, or any other personal injury matter, the firm’s attorneys have a proven track record of obtaining favorable client outcomes.

“We are thrilled to announce the relocation of our San Antonio office,” said James Michael Shaw, Managing Partner at Carabin Shaw – Accident Injury Lawyers. “This move represents our commitment to providing top-notch legal representation and support to our clients. The new office space allows us to enhance our services further and better accommodate the needs of those injured in accidents.”

Carabin Shaw’s new office location is easily accessible and conveniently situated [provide details about accessibility and nearby amenities]. Clients can expect the same professionalism, dedication, and personalized attention that Carabin Shaw has been known for during its thirty years of service to San Antonio.

As the firm settles into its new location, Carabin Shaw – Accident Injury Lawyers reaffirms its mission to provide compassionate and aggressive legal representation to those who have suffered injuries caused by the negligence of others. The firm remains committed to fighting for justice, holding responsible parties accountable, and obtaining fair compensation for their client’s physical, emotional, and financial losses.

For further information about Carabin Shaw – Accident Injury Lawyers and their services, please visit carabinshaw.com or their office at 875 E Ashby Pl# 1100 San Antonio, Texas 78212.

About Carabin Shaw – Accident Injury Lawyers:
Carabin Shaw: Accident Injury Lawyers is a premier personal injury law firm serving clients in San Antonio and across Texas. With over [number] years of experience, their dedicated team of attorneys specializes in various personal injury cases, providing aggressive representation and personalized attention to each client. Carabin Shaw is committed to fighting for justice and ensuring that accident victims receive the compensation they deserve.

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A Detailed Guide To Traffic Tickets And Violations

This Blog was brought to you by the San Antonio’s Attorney for Traffic Violations Gordon Slade 210-820-3033

A Detailed Guide To Traffic Tickets And Violations Associated With It

Millions of traffic fines are handed out every year in America. The National Highway Traffic Safety Administration states that the average penalty is $150. However, depending on where the violation occurred, motorists can be fined up to $2000 in some states. In the US, there are driving responsibility programs in Michigan, New Jersey, and New York. These programs establish systems that assign points for moving violations and apply penalties to offenders according to the type of violation. Drivers who are convicted of an offense under certain laws could be charged separately. The high fines each state imposes on drivers have made the traffic ticket system a multi-billion-dollar business generating billions yearly.

What is Traffic Violation? How does this happen?

A traffic violation is different from a traffic law infraction. Infractions are not crimes and often come with a fine. Infractions are generally non-moving violations or non-dangerous violations. These constitute the majority of traffic citations. Even though each state has a different definition, a traffic violation is considered more serious. This is usually considered a crime. More severe violations can be classified as misdemeanors or felony traffic violations, depending on their severity. These offenses include driving under the influence (DUI), reckless driving, hazardous driving, driving without insurance, and failing to stop at an accident scene.

Individuals are entitled to legal protection when charged with a misdemeanor, felony violation, or any other crime. Individuals charged with a misdemeanor or felony violation will be subject to a booking and bail procedure and the right to a trial before a judge or jury. A serious violation is when an offender causes or threatens to cause damage to property or people.

A minor offense under the law may include driving even after seeing a stop sign. A pedestrian may be struck by a vehicle if the driver ignores a stop sign. This offense could be a misdemeanor or even a crime depending on the accident’s seriousness. A driving ticket will be issued to anyone who has been involved in a hit-and-run accident or committed multiple DUI offenses.