What to Look for in a Workplace Accident Attorney

When you’ve been hurt on the job, you’re likely due compensation for your medical bills, the income you’ve lost, and more. This could be through workers’ compensation coverage or you may need to file an injury claim against your employer, coworker, or other third party who caused your accident. To determine the best form of action for your particular injury, it’s best to consult a workplace accident attorney. They can guide you through the workers’ comp process, or, if necessary, help you file a legal claim for compensation.

 

However, how do you go about finding a workplace accident attorney? And what exactly do you look for when considering candidates? Follow our handy guide below:

 

  • Look for experience. First off, look for a workplace accident attorney with years of experience under his or her belt. The longer they’ve been in working in on-the-job injury law, the more equipped they’ll be to handle your case. Additionally, look for attorneys who don’t just have lengthy experience, but also varied experience. You want a lawyer who has run the gamut in work injury cases; they should have tried plenty of cases involving oilfield injuries, construction site accidents, industrial incidents, and more. The more varied experience they have, the more likely they will have tried a case just like yours in the past – allowing them to know exactly what to do to build your case and see it through to success.
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  • Find satisfied customers. Always look to customer reviews and testimonials when looking for a great workplace attorney. See that past customers and clients were happy with their work, the results of their case, and their overall experience with the lawyer. All in all, where you find satisfied customers, you’ll find a good attorney.
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  • Be on the lookout for awards and recognition. There are thousands of lawyers you can choose from, and awards and recognition are a great way to distinguish a great attorney from the rest of the pack. Specifically, look for candidates who have been recognized for their service. Pat Maloney, for example, has been named Outstanding Young Trial Lawyer by the San Antonio Trial Lawyers Association, and he has been listed as one of the “Best Lawyers in America” five years running. Recognition like this lets you know you’re getting a quality lawyer who is dedicated to his or her craft and who’s known for delivering bona fide results.
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  • Check for community involvement. The more involved your workplace accident attorney is, the better. Community involvement indicates that a lawyer is well educated on their local legal system – the laws and regulations you may face, the judges and attorneys you may come in contact with, and the court system you’ll be privy to. Knowing this information will allow them to build a better, more thorough, and more successful case on your behalf. To find attorneys with great community involvement, look for ones that serve on local boards or organizations. Pat Maloney, for example, has served as the president of the San Antonio Trial Lawyers Association and as director of the Texas Trial Lawyers Association. Both of these positions demonstrate Maloney’s dedication to his craft and to his community at large.
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  • Find board certification. Board certification indicates that a lawyer is an expert in a certain field of law. To give your case the best chance of success, seek a workplace accident attorney who is board certified in personal injury law. In order to qualify for board certification, a lawyer must have a certain number of years of experience, be dedicated to continuing education in the field, and be recommended by their peers. Only a select few lawyers are honored with this type of certification, and it indicates a true understanding of the field of injury law and a dedication to their community. Both of which can help you succeed in your case.

 

Are you looking for a workplace accident attorney? Look no further than Pat Maloney. Board certified and highly experienced, Maloney can help you get the compensation you deserve. Call 210-226-8888 today!

Employer Responsibility: Ensuring Safety on the Job

No matter what type of industry you work in, there is an inherent employer responsibility to provide you with a safe and hazard-free working environment. Your employer should establish and enforce workplace safety protocols and abide by all standards set forth by the Occupational Safety and Health Administration, or OSHA. Failure to do so can result in dangerous and even life-threatening injuries and accidents to you or your fellow workers.

 

OSHA and Employer Responsibility

According to the Occupational Safety and Health Act of 1970, all employers have a responsibility to provide a “safe and healthful” workplace. In order to ensure this, OSHA has established hundreds of safety standards for employers to abide by. There are specific standards set forth for employers in the construction, maritime, agriculture, and recordkeeping industries. If an employer does not comply with OSHA standards, they can be issued a citation and, if the error is not corrected, even face fines or jail time.

 

When Injury Occurs

Even though there is employer responsibility to provide a safe workplace, this unfortunately does not always happen. In fact, according to the Bureau of Labor Statistics, in 2011 alone, there were nearly 3 million workplace injuries and 4,600 job-related fatalities in the United States.

 

When a worker is injured on the job, they may be eligible to apply for workers’ compensation benefits or, if their employer does not have workers’ comp coverage, file a civil claim against the at-fault party. If a worker is killed in the line of duty, their survivors may be due the benefits of these claims instead.

 

Getting Help

Were you hurt on the job because your employer failed to provide a safe workplace? Then you could be due compensation through workers’ comp or a civil claim. Call the Law Offices of Pat Maloney today at 210-226-8888 to begin discussing your legal options.

Workplace Accidents: Proving Employer Responsibility

When you’re hurt on the job, you may be eligible to seek compensation and payment for your medical bills through a workers’ compensation claim. In filing this type of claim, there is no need to prove employer responsibility or liability in your accident. You simply must meet a few basic requirements.

 

Workers’ Comp Claims

Workers’ compensation is a no-fault type of insurance coverage. It is not necessary to prove employer responsibility when an accident occurs.

 

In order to be eligible for workers’ comp, you must meet these requirements:

  • Your accident and injury must have occurred during the course of employment/
  • You must not have willfully caused your own injury out of misconduct, intoxication, or recklessness.
  • Your employer must carrier workers’ compensation insurance.

 

You also must notify your employer of your intent to file a claim within 30 days of the accident. Otherwise, you will lose your right to workers’ comp benefits.

 

Civil Claims

If your employer does not have workers’ compensation insurance, you can still seek compensation for your injuries, lost wages, and pain and suffering if you’re hurt on the job. You may even be due punitive damages if the accident occurred out of significant negligence or recklessness.

 

To seek these damages, you would need to file a civil claim against the employer, coworker, or third party who caused the accident. In this case, you may need to prove employer responsibility or negligence in order to win the claim and be compensated.

 

Determining Next Steps

When you’re hurt on the job, it’s always best to consult a legal professional. They can advise you as to the type of claim to file – either workers’ comp or a civil one – and assist you in filing and proving your case, if necessary.

 

Were you injured at work? Call the Law Offices of Pat Maloney at 210-226-8888 today to get started.

Tips for Filing a Successful Third Party Insurance Claim

When you’re in a wreck caused by another driver, you’ll need to file a third party insurance claim. A third party insurance claim is filed with the other driver’s insurance carrier and can compensate you for your car repairs, medical bills, and any other costs you’ve incurred because of the accident. Unfortunately, all too often, insurance companies offer victims a low-ball settlement amount – something much less than they are actually due.

 

Were you in a wreck? Follow these tips to ensure your third party insurance claim compensates you as much as possible:

  • Make sure to file an accident report with the police. These reports are an integral piece of evidence in insurance claims and can help prove the other driver’s fault in the wreck.
  • Be thorough when getting information from the other driver. Get details on their insurance carrier and policy number, full name, address, phone number, license plate, driver’s license number, and more.
  • Get the name and phone number of anyone who may have witnessed the accident. They can help testify on your behalf if necessary.
  • Contact an attorney who specializes in accident law. They can ensure you don’t settle for less than you’re due.
  • Take photographs of the accident and any damage done to your vehicle. These can be used as evidence in the claim.
  • Write down detailed notes about the accident while they are still fresh in your mind. This can help ensure you don’t forget anything important as time passes.
  • Save any bills or receipts related to your injuries or the damage to your car. These can be used to assess how much you are due in your claim.
  • Get your car evaluated by an independent auto garage – not one recommended by the insurance company.

 

Following these tips can give your claim a better chance of success. Need more help or guidance in filing your third party insurance claim? Call the Law Offices of Pat Maloney at 210-226-8888 today.

What is a Third Party Insurance Claim?

There are two distinct types of claims when you get in a car or truck accident: a first party insurance claim and a third party insurance claim. A first party insurance claim is filed with your own insurance carrier, either because the accident was your fault or the other driver had no insurance. It’s also used in cases of theft, vandalism, and other incidents when the at-fault party is not present. A third party insurance claim, on the other hand, is filed with the other driver’s insurance carrier. This type of claim is necessary when the wreck is the other driver’s fault, either in whole or in part.

 

Through a third party insurance claim, you can seek recompense for damages to your car, as well as medical bills for any injuries you’ve suffered. In the event your car is totaled, the claim will usually award you an Actual Cash Value, so you can replace your vehicle. They may also pay fees for any rental cars you must use in the meantime.

 

There is no guarantee you will be paid in full for all of your injuries and damages, however. The amount you will receive depends on the exact specifics of your case and how much of a role you are determined to have played in the wreck. If the other driver’s insurance can show that you shared some of the blame in causing the accident to happen, you will only receive a portion of the funds you are seeking.

 

Ultimately, the insurance company will make you a settlement offer after evaluating your case and the accident. In order to determine if you are being offered a fair amount for your injuries and damages, it’s always best to consult an attorney before accepting a settlement or signing any paperwork. An attorney can ensure you’re being treated and compensated fairly.

 

Need help with your third party insurance claim? Call the Law Offices of Pat Maloney today at at 210-226-8888 to get started.