Workplace concussions are more common than many workers realize. In a bustling city like Austin, with its diverse job sectors, understanding when and how to file a workers’ compensation claim after experiencing a concussion is crucial. This guide will help you recognize the signs of a concussion, understand your rights, and take appropriate action if you need to file a claim.

Recognizing Concussion Symptoms

Concussions, a form of traumatic brain injury, can occur from a bump, blow, or jolt to the head. It’s important to recognize the symptoms early, as they might not appear immediately. According to the Centers for Disease Control and Prevention (CDC), common symptoms include:

• Physical Symptoms: Headaches, nausea, dizziness, vision problems, and sensitivity to light or noise.
• Cognitive Symptoms: Difficulty concentrating, feeling foggy, and trouble remembering.
• Emotional Symptoms: Irritability, sadness, or anxiety.
• Sleep Disturbances: Sleeping more or less than usual, or trouble falling asleep.

Danger signs requiring immediate medical attention include severe headaches, repeated vomiting, slurred speech, and confusion.

Filing a Workers’ Compensation Claim in Texas

In Texas, if you suffer a concussion at work, it’s important to report the injury to your employer within 30 days. Failing to report within this timeframe might jeopardize your ability to receive benefits. After reporting, you must file a DWC Form-041, the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, with the Texas Division of Workers’ Compensation (DWC) within one year to protect your rights.

Understanding Non-Subscriber Employers

Texas is unique in allowing employers to opt out of the state’s workers’ compensation system. Known as non-subscribers, these employers are not required to provide workers’ compensation insurance. If you work for a non-subscriber, they must inform you in writing about the lack of coverage. In the event of an injury, you might have the option to file a personal injury lawsuit against your employer.

Why Prompt Action Matters

Immediate action following a concussion is vital not only for your health but also for ensuring you receive the benefits or legal recourse you are entitled to. Document your symptoms, medical visits, and communications with your employer to support your claim.

Get Expert Legal Help

Navigating the nuances of workers’ compensation claims can be complex, especially when dealing with a concussion. Shaw Cowart Attorneys at Law LLP in Austin, TX, specializes in personal injury and workers’ compensation cases. Our experienced attorneys can guide you through the process, ensuring your rights are protected.

If you’ve experienced a concussion at work and need legal assistance, contact us for a free consultation. Visit our Contact Us page or call us at 512-842-7085 for more information.

Ensuring your health and rights are protected after a workplace concussion is paramount. Don’t hesitate to reach out for the support and guidance you need.

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Working in the oilfields of Texas, particularly around Austin, is both challenging and rewarding. However, the inherent risks of the job are undeniable. If you sustain an injury on the job, knowing the immediate steps to take can make a significant difference in your recovery and any potential legal claims. This guide outlines essential actions for workers who find themselves injured in the field.

1. Seek Immediate Medical Attention

Your health and safety are the top priority. As soon as an injury occurs, seek medical help immediately. Even if the injury seems minor, getting a professional evaluation ensures that any internal injuries or issues are identified and treated promptly. In Texas, you have the right to choose your healthcare provider unless your employer is a non-subscriber to the workers’ compensation system, in which case different rules may apply.

2. Report the Incident

Once you’ve received initial medical treatment, report the injury to your employer as soon as possible. According to the Texas Department of Insurance (TDI), it is crucial to notify your employer to initiate the workers’ compensation process. Your employer should provide you with the necessary forms to file a claim. Keep a written record of your report, including the time, date, and details of the incident.

3. Understand OSHA Reporting Requirements

Employers in the oilfield industry must adhere to strict OSHA reporting guidelines. They are required to report any severe injuries, such as hospitalizations or amputations, within 24 hours, and fatalities within 8 hours. While this is primarily an employer responsibility, understanding these requirements can help you ensure that your employer complies, which is crucial for any future claims.

4. Preserve Evidence

Document everything related to your injury. Take photos of the accident scene, your injuries, and any equipment involved. Collect contact information from any witnesses. This evidence is vital if you need to prove negligence or if there’s a dispute about how the injury occurred.

5. Know Your Rights Regarding Workers’ Compensation

Texas is unique because not all employers must provide workers’ compensation insurance. If your employer is a non-subscriber, you may need to take legal action to seek compensation for your injuries. Texas law allows employees to sue non-subscribing employers for negligence. Therefore, consulting with a local attorney who specializes in oilfield injuries can be beneficial.

6. Be Aware of the Statute of Limitations

In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit, as per the Texas Civil Practice & Remedies Code § 16.003. This timeline is critical for ensuring your legal rights are preserved, so do not delay seeking legal guidance if necessary.

7. Contact a Knowledgeable Attorney

Navigating the aftermath of an oilfield injury can be complex, especially if your employer is a non-subscriber. Consulting with an experienced attorney can help clarify your rights and the potential compensation you might be entitled to. Shaw Cowart Attorneys at Law LLP in Austin, TX, provides specialized legal services for individuals injured in oilfield accidents.

If you or a loved one has been injured in an oilfield accident, don’t hesitate to seek professional assistance. Contact Shaw Cowart Attorneys at Law LLP for a free consultation and to explore your options for legal recourse.

By taking these steps, you not only protect your health but also preserve your rights to any compensation you may deserve. Stay informed and take action promptly to ensure your well-being and legal protection.

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Truck accidents can be devastating, leading to severe injuries and complex legal battles. Understanding how these claims are investigated in Texas can help you navigate the process more effectively. This guide provides a comprehensive overview tailored for residents of Austin, Texas, with insights into local and state-specific procedures.

Key Steps in Truck Accident Investigation

1. Initial Assessment and Reporting
   • Police Reports: The Austin Police Department or Travis County Sheriff’s Office typically handles the initial accident report. This document provides essential details such as the date, time, and location of the accident, as well as initial observations and statements from those involved.
   • Witness Statements: Collecting testimonies from witnesses is crucial. These statements can provide unbiased accounts of the incident, offering additional perspectives that might not be immediately apparent from the physical evidence.
2. Gathering Physical Evidence
   • Electronic Logging Devices (ELDs): According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, commercial vehicles must use ELDs to record driving hours. This data can reveal whether the driver was compliant with hours-of-service regulations.
   • Event Data Recorders (EDRs): Often referred to as “black boxes,” these devices capture data about the truck’s speed, braking, and other critical functions before and during the accident.
3. Document and Record Analysis
   • Driver and Vehicle Records: Investigators will examine the truck driver’s qualification file, which includes driving history, training records, and drug/alcohol test results.
   • Maintenance Records: Regular maintenance logs are reviewed to determine if the truck was in a safe operating condition at the time of the accident.
4. Legal Requirements and Considerations
   • Spoliation Letters: These legal documents are sent to prevent the destruction of evidence, ensuring that all relevant data is preserved for the investigation.
   • Statute of Limitations: Under Texas Civil Practice and Remedies Code §16.003, you must file a personal injury lawsuit within two years from the date of the accident.
   • Comparative Fault: Texas follows a proportionate responsibility rule, meaning you may not recover damages if you are found to be more than 50% at fault (CIV PRAC & REM § 33.001).

Local Insights for Austin Residents

When dealing with truck accident claims in Austin, it’s essential to have local legal support. Shaw Cowart Attorneys at Law LLP, located at 1301 West 25th Street, Suite 406, Austin, TX, specializes in handling such cases. They offer a Free Consultation to help you understand your rights and options.

Conclusion

Navigating a truck accident claim in Texas requires a thorough understanding of the investigation process and the legal framework. By securing knowledgeable legal representation, you can ensure a comprehensive approach to your case. If you need assistance, don’t hesitate to contact Shaw Cowart Attorneys at Law LLP for expert guidance tailored to your needs in Austin.

Remember, acting promptly and preserving all pertinent records and evidence is crucial in building a strong case.

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When you’ve been injured in an accident caused by another person’s negligence, it’s essential to get started quickly in bringing your claim here in Austin, TX. If you go beyond the statute of limitations, which is a time limit set on these claims, you lose the right to bring a claim at all. Always talk to a personal injury attorney as soon as possible after an accident.

The basic time limitation is two years, and this applies to all types of personal injury other than workplace injuries covered by workers compensation. While two years might seem like a long time, you’d be surprised how many people miss this window. Many people assume that the insurance company will be fair with them and just wait it out, but insurance companies are very aware of the time limit and will take full advantage of it if they can.

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If you’ve been injured by someone else’s negligence, you have the right to bring a claim against them for your losses and damages. Unfortunately, there are some mistakes that victims sometimes make that can compromise their ability to get everything they’re owed. Talk to experienced San Marcos personal injury trial attorneys as soon as possible to ensure you don’t make any of these mistakes and miss out.

Not Getting Medical Help Immediately

Medical care is expensive, and sometimes people are reluctant to get the care they need because they worry about that expense. In addition, some people don’t get help after an accident because they “feel fine” due to adrenaline, or they think that they should be able to “tough it out.”

It’s a mistake not to get medical help right away after an injury. Not only might the injury get worse and your health be compromised, but the longer you wait to get treatment, the easier you make it for the other side and their insurance company to claim that you weren’t hurt in the accident at all or that your injuries are not all that serious.

Not Following Through on Medical Advice

Closely related to the first mistake is the mistake of not actually following through on your doctor’s orders. If a doctor tells you not to engage in certain activities, it’s very important that you follow those instructions. If the responsible party and their insurance company discover that you’re not following medical advice, then they may claim that you aren’t doing everything possible to mitigate your own injuries or are making things worse.

Saying Too Much

After an accident, it’s best not to talk too much. Don’t discuss the accident with the other party other than to exchange information. Above all, never apologize or say anything else that could be construed as you taking blame. You will need to inform the insurance company of the basics of what happened, but stick to the facts and make no guesses about why anything happened or speculation about fault. If the insurance company calls you back or keeps asking for a statement or clarification, refer them to your lawyer.

Be sure not to talk about your case online or with friends and family, either. The insurance company may be scouring your social media looking for anything they can use to minimize your losses.

Not Consulting With Personal Injury Attorneys

While it is technically possible to bring a personal injury claim without a lawyer, studies show that those who bring such claims with legal help walk away with more, on average, than those who don’t, even after the legal fees are considered. A lawyer will protect you from the insurance company, make sure that you properly calculate all your losses, negotiate for you aggressively, and even take your case to court if that’s necessary.

For experienced help after your personal injury, reach out to Shaw Cowart Attorneys at Law LLP in Austin, TX for help in San Marcos and across the state.

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Protecting Injured Workers in the Permian Basin and East Texas Oil Field

Working in the Texas oil fields is demanding, dangerous, and essential, but when injuries happen, many workers and their families aren’t sure where to turn or what rights they actually have. Whether you’re on a rig in the Permian Basin or at a site in the East Texas Oil Field, understanding your legal rights is the first step toward protecting your health, your paycheck, and your future.

At Shaw Cowart LLP, we represent injured oil field workers across Texas. This guide breaks down your legal rights after a serious workplace injury and explains how to get the help and compensation you deserve.

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If you’ve been hurt in an accident, you’re likely suffering from more than just physical injuries. Here in Round Rock, our personal injury trial attorneys can help you get the full compensation for all your losses, including what you’ve suffered emotionally. It’s important to have an experienced lawyer on your side, however, as you’ll need to be able to clearly tie your emotional trauma to physical injuries and losses.

Can You Sue for Emotional Trauma After an Accident?

In nearly all cases, you will need to show that you had a physical injury in order to claim any emotional damages. There are some rare exceptions if you were threatened in a particularly egregious manner; i.e., if someone intentionally tried to inflict emotional distress upon you with a threat of violence or by extreme harassment. There are also occasional exceptions if you were forced to watch the serious injury or death of a loved one.

You’ll also need to prove that the emotional trauma you’ve experienced is a foreseeable consequence of what happened to you or directly link it to the event and show that you have sought treatment and have documentable symptoms. According to the Texas Civil Practice & Remedies Code, in order to qualify, your mental anguish must also reach a relatively high degree. You must be able to prove that it has caused a real disruption in your daily routine. It can’t just be the normal amount of sadness or worry a person typically feels in the course of dealing with difficult things in life.

How to Prove Your Case

To prove your case, you’ll first want to show what physical suffering you’ve undergone, since proof of your physical suffering will go a long way towards showing that your mental anguish is a natural result. To prove your pain and suffering, you will need testimony from loved ones or friends about changes in your behavior; your own statements detailing how these changes have impacted your life; a diagnosis from a mental health professional; a psychological evaluation or records from therapy; and any prescriptions you have for treatment medications, such as antidepressants.

What You Can Recover

If you’re able to prove that you have suffered emotional distress, there are several types of compensation you can claim. One is the well-known “pain and suffering.” You can also claim for loss of enjoyment of life if you cannot do things that you once enjoyed due to your injury, such as engaging in a hobby or spending time with loved ones. You can also claim compensation for emotional trauma if you’ve been disfigured.

Talk to Round Rock Personal Injury Trial Attorneys Now

It’s not easy to prove emotional distress, but an experienced lawyer can help you understand what to claim and prove what really happened to you. Contact Shaw Cowart Attorneys at Law LLP in Austin, TX today to get help in Round Rock and many other areas, including San Antonio, Austin, Kyle, Leander, Houston, San Marcos, Hutto, Cedar Park, and beyond.

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Birthplace of the Texas Oil Refinery Industry & Why Spindletop Still Matters Today

Shaw Cowart LLP – Southeast Texas Oil Refinery Injury Lawyers

Long before Texas became a global energy powerhouse, an unassuming hill near Beaumont changed the course of history. The Spindletop oil gusher of 1901 didn’t just ignite the modern petroleum age, it laid the foundation for Texas’s massive refinery industry, which still drives the economy of Southeast Texas today.

At Shaw Cowart LLP, we help injured refinery workers across Texas, including those in Beaumont, Port Arthur, and other cities shaped by Spindletop’s legacy. Understanding this history helps explain why this region is still home to some of the most complex, and hazardous refinery operations in the country.

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The Permian Basin, a vast expanse of rich oil and gas reserves, stretches across western Texas and southeastern New Mexico. This area is a significant player in the energy sector, contributing substantially to the United States’ oil production. However, for truck drivers tasked with transporting these resources, the region poses several dangers. Understanding these risks is crucial for improving safety and reducing accidents on the road.

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If you’ve been in an accident at your workplace, it’s important you talk to a personal injury attorney in Austin, TX as quickly as possible to get help with your claim. There are deadlines that must be followed or you’ll lose your right to claim compensation at all.

Many businesses in Texas offer workers’ compensation coverage. With workers’ comp, you typically can’t bring a lawsuit against your employer even if your employer is responsible for your injuries. Workers’ comp will also provide you with compensation even if you are responsible. The point is for injured workers to get coverage for their medical needs and lost income regardless of how the accident happened.You have 30 days from the date that you’re injured to report your injury to your employer. Then, you have a year from the date that you were injured or discovered you were injured to file your workers’ compensation claim. You’ll do this by filling out a DWC Form-041 and sending it to the Texas Division of Workers’ Compensation. It’s always best to have a lawyer’s help with this, not only to make sure your claim is made properly but also to ensure that your employer reports on time and the insurance company responsible for paying your workers’ comp compensation claim follows through.

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