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third party liability, liability, New Braunfels personal injury attorneySeveral months ago, a leading presidential candidate discussed the emergence of the so-called “gig economy” and its impact on the American capitalist system. These comments came shortly after the release of a 2014 study which found that one in three American workers are freelancers.

This development has significant implications in labor law, as the National Labor Relations Act states that only employees have the right to collectively bargain on issues like wages and benefits. This development also has a bearing on truck crashes and other negligence cases, because the question of “employee or contractor?” is becoming more difficult to answer.

Elements of Respondeat Superior

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Texas workers compensationIt is not required by law in Texas for businesses to have workers compensation insurance. However, when an employer does carry this insurance in Texas, then their employees are protected in case of accidental injury or death at work. In most cases, benefits will be awarded regardless of fault, unless the injury was due to roughhousing, inebriation or other circumstances that disqualify an employee from benefits. If the employee and the insurance company cannot agree about a workers compensation claim then that is a dispute. An employee’s entitlement to benefits is just one example of a possible workers compensation dispute. Additional disputes can be about the extent of the injuries, the selection of medical professionals, kinds of treatments and amount of benefits that should be paid. In cases like that it is important to contact your company's insurance company and try to work through the issue with an adjuster. If that does not resolve the dispute then you should contact the Texas Department of Insurance, Division of Workers Compensation (TDI-DWC) to seek a resolution. A worker who decides to take this step is wise to seek legal representation because successfully completing the dispute resolution process outlined below can allow you to settle out of court. The TDI-DWC has a multiple step program in place to solve these complaints. The first stage is the Benefit Review Conference (BRC). This is an informal meeting at a TDI-DWC office between the injured worker and a representative from the insurance company. At the meeting, a discussion will take place about the issues with a Benefit Review Officer. If a compromise can be met, then a written agreement is crafted by the Officer, which can be signed by both parties and becomes legally binding. If a BRC does not resolve the issue, you can try arbitration. A third party arbitrator will be assigned to the case to listen to each side of the disagreement. After each side has a chance to explain, the arbitrator will confirm a settlement that is final and cannot be appealed. If you choose not to try arbitration, another option is to hold a Contested Case Hearing (CCH). A hearing officer settles the parts of the dispute that were not concluded in the BRC in a more formal setting. The difference between a CCH and arbitration is that a decision made by this officer can be appealed. Rather than conducting an additional meeting, each party submits a written statement to start the appeals process. The appeals panel will write a decision, which would consider the hearing officer’s decision as well as the record from the CCH. The only other recourse to resolve the dispute is to take the claim to court. Disputing a workers compensation resolution is an arduous process.  It is important to have legal representation to present your case both in formal meetings and through written communication. If you are having an issue resolving these kinds of issues, then contact an experienced workers compensation attorney in New Braunfels today.

DUI fatality, Texas personal injury lawyer, personal injury attorney in TexasAccording to the National Highway Traffic Safety Administration (NHTSA), a person is either hurt or killed in a vehicle crash caused by a drunk driver in the state of Texas every 20 minutes.

In 2011 there were 1,216 people killed on Texas roads in crashes caused by drunk drivers. In 2012, there were 1,296 fatalities. This was 38 percent of all traffic deaths for the year. Texas consistently leads the country in alcohol related crash fatalities every year.

Other statistics include the following:

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A study by the U.S. Consumer Product Safety Commission (CPSC) revealed that more than 24,000 children are injured in shopping cart accidents every year. Almost 21,000 of those injured are children under the age of 5 years old. Almost 80 percent of the injuries children receive are to their head and face.

The study looked at emergency room statistics from 2008 to 2012. During that time, over 107,000 children younger than 5 years old were treated for injuries sustained from a shopping cart. Sixty percent of those children were 1 and 2 years of age.

The study used the following definitions to describe what the hazard was with the shopping cart that caused the injuries:

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A new study titled "Measuring Sprawl 2014" finds that those living in highly populated areas reap many benefits including longevity, better health status, and more economic mobility. The study scored urban sprawl throughout 221 metropolitan locations and found that among other indicators, city dwellers were less likely to die in car accidents.

Using scores developed out of factors like proximity to business and people, the size of local street networks, the land use mix, and development density, researchers compared that data with quality of life measures like chronic disease, safety, obesity, and the cost of living.

Living in the city showed promising results for helping people succeed in life: every 10 percent increase in density was connected to a 4.1 percent increase in the chance that children born in the lowest part of the nationwide income distribution would move up the ranks to the top 20 percent by age 30.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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