San Antonio Lifting Injury Lawyer

San Antonio, TX Attorney Michael Grossman Discusses Lifting Injuries While Working

If you have been hurt doing heavy lifting on the job, you probably have a number of questions about how you should seek compensation. You may be considering hiring an attorney to help you file insurance paperwork and, if necessary, file a work injury lawsuit.

Do you have a legal question?
Enter your phone number below and let's talk.
--

In almost all cases, this is a good idea, as people without extensive legal experience often lose cases due to a number of common pitfalls found in work injury cases, and heavy lifting accidents in particular. But experienced San Antonio work injury attorney Michael Grossman from Grossman Law Offices is here to help you avoid these mistakes and protect your rights.

At first glance, filing a work injury lawsuit might seek relatively straightforward. You were hurt lifting a heavy object on the job, and so you should be compensated by your employer. But the process involves a number of different factors that determine how you need to handle your case. For example, workers’ compensation insurance plays a huge role in almost every work injury case.

Workers’ compensation insurance protects employers from work injury lawsuits filed by their employees by providing money to pay for worker’s injuries and lost wages. But the benefits provided by workers’ compensation are often not enough to pay for the actual expenses associated with your injuries. That’s where we come in. Even if you cannot file a lawsuit against your employer due to workers’ comp, we can help you identify additional defendants who might be partially liable for your injuries. For example, if you were injured due to faulty equipment (either the object you were lifting or the equipment you were using to lift the object, such as a dolly), you may be able to file a product liability suit to seek compensation in addition to whatever benefits you receive from workers’ compensation insurance.

Furthermore, you may have been lead to believe that your employer has workers’ compensation insurance when he or she does not. Since workers’ comp effectively makes employers immune to lawsuits, many will act like they have it when their workers are injured. Our attorneys can dig up the truth regarding your employer’s status, and if he or she is not protected by workers’ compensation, we can help you file the lawsuit you need to receive full compensation for your injuries.

Many employers think that they have beaten the system due to the way work injury statutes in Texas are worded. The statutes explicitly state that only general employees, not contractors, are eligible to file a work injury claim. Therefore, many employers mistakenly believe that they can avoid all legal liability and avoid paying workers’ compensation insurance fees by hiring exclusively contractors.

But Texas statutes do not give clear definitions about what constitutes an employee. Even if you have signed a contract stating that you are a contractor, certain factors can establish an employer-employee relationship for legal liability purposes. Our attorneys can turn to case law to illustrate examples of these types of rulings in the past to make sure that you are eligible to seek compensation for your damages. This legal concept is in place so that employers cannot escape all liability by forcing their workers to sign a piece of paper that basically says “I am a contractor.” Even if your case has been turned down by other attorneys, our firm can often find a way to seek compensation from a third party or to prove that you were actually an employee from a liability standpoint.

For twenty years, Michael Grossman has been helping injured workers in all kinds of industries. Whenever we take a case, we conduct a thorough investigation of the accident scene and of your medical treatment history so that we can prove you were seriously injured and that your injuries were caused by your employer’s negligence. We know how to link heavy lifting injuries back to a lack of training, proper safety equipment, or another worker to help you. We have faced every major insurance carrier in the country, and we can often secure a settlement out of court simply because their defense lawyers do not want to face us in trial. In other words, we will do everything we can to protect your rights, even when other firms have turned your case down. We have a comprehensive understanding of the complexities of work injury law, and we know what it takes to secure a fair settlement. So if you or someone you love has been hurt doing heavy lifting on the job, contact San Antonio on the job accident lawyer Michael Grossman today. Do not let those responsible for your injuries go unpunished. Let us help you secure the compensation you need.


Some of Our Most Recent Successful Cases
$550,000.00 Recovery - Wrongful Death / Workers' Compensation Gross Negligence
(policy limits) A father of two was killed on the job when he fell from a personnel platform atop an elevated piece of machinery. The defendant was initially afforded protection from a liability suit by virtue of their workers' comp policy. Upon thorough investigation, it became evident that gross negligence was at the root of the accident, and suit was filed accordingly. A successful outcome was obtained through litigation.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$40,000.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$162,500.00 Recovery - Workplace Accident (Shoulder Injury)
Recovered for worker who injured their shoulder while lifting a heavy object.
Total Recovery:
$162,500.00
Attorney Fees:
$81,250.00
Litigation Expenses:
$3,784.00
$125,000.00 Recovery - Workplace Accident (Closed-Head Injury)
Recovery for injured worker who suffered a closed head injury in a scaffolding accident.
Total Recovery:
$125,000.00
Attorney Fees:
$30,000.00
Litigation Expenses:
$2,135.00
$75,000.00 Recovery - Workplace Accident (Soft-Tissue Injuries)
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Total Recovery:
$75,000.00
Attorney Fees:
$25,000.00
Litigation Expenses:
$350.00
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$226,000.00 Recovery - Workplace Accident (Shoulder Injury Requiring Surgery)
Our attorneys were hired by a delivery driver who sustained a serious shoulder injury when a worker for a third party negligently operated a fork lift. The accident occurred as the plaintiff delivered a load of hay bails to a commercial farm.

An employee of said facility attempted to unload the trailer with a forklift. In doing so, he pushed several bales of hay off of the flatbed, over the side opposite the forklift. Consequently, several of the 400 lb (est.) bales of hay struck the plaintiff who was working to disconnect tie downs on the opposite side of the trailer. This resulted in serious injury to the plaintiff's shoulder.

The defendants took an aggressive stance and denied the claim, asserting that the plaintiff was the sole proximate cause of his own injuries by virtue of the fact that he was standing in a known dangerous area. Suit was filed soon thereafter. Our attorneys argued that the plaintiff's ordinary work duties, and indeed the normal protocol for all flatbed delivery drivers, consists of letting loose the materials to be unloaded. We maintained that the true cause of the plaintiff's injuries was that the forklift operator rushed into unloading the trailer.

Furthermore, the manner in which he unloaded the trailer was itself a contributing element of the defendant's negligence. The forks that were incorporated into the forklift in question were not compatible with stabbing hay bails; they were ordinary forks that were designed to be positioned below a heavy object that was to be lifted. The case was successfully resolved in mediation.
Total Recovery:
$226,000.00
Attorney Fees:
$84,000.00
Litigation Expenses:
$5,500.00
$1,010,000.00 Recovery - Workplace Accident (Hand Lacerations)
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
Total Recovery:
$1,010,000.00
Attorney Fees:
$333,300.00
Litigation Expenses:
$50,000.00
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$150,000.00 Recovery - Wrongful Death / Workplace Accident
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
Total Recovery:
$150,000.00
Attorney Fees:
$50,000.00
Litigation Expenses:
$341.00

"When I Lost My Father..."

Get Adobe Flash player

Our Cases in the News

Get Adobe Flash player

Contact Us

Fill out the form below and a legal professional will contact you shortly.

Full Name:

Phone Number:

Email Address:

Describe your situation:

   

Related Articles

Click to Call

--
Enter your phone number above and click "Call Me" to talk to one of our lawyers about your potential case.

Our Clients' Words

Recent Successes