Can I Claim Workers’ Comp Due To Coronavirus in Texas?

Many Texas workers who have been deemed essential and continue to report to their jobs wonder whether they’ll receive workers’ compensation if they contract the COVID-19 coronavirus. Unfortunately, like many aspects of the coronavirus pandemic, this is a question without a clear answer at the moment.

To qualify for workers’ compensation based on a diagnosis of COVID-19, your employer must have workers’ comp insurance (which is not required in Texas), and you must have contracted the virus as a result of your employment. Workers’ comp pays all medical bills, a portion of lost wages, and additional benefits for permanent disability or death.

The Texas Division of Workers’ Compensation (DWC) specifically addresses the question of benefits for workplace-contracted coronavirus in FAQs on a webpage providing coronavirus resources. The short answer is that claims will be decided on a case-by-case basis by the insurance company. If you don’t like the workers’ comp insurer’s decision, you have the right to appeal to the DWC.

Fortunately, this may not be the final word on the subject for all Texas workers. In Houston, for example, Mayor Sylvester Turner has announced that the city will assume that any city employee who tests positive for the COVID-19 coronavirus contracted it while on duty, the Houston Chronicle reports. In the end, it may be up to local governmental officials or individual employers to guarantee workers’ comp benefits for their employees who contract coronavirus.

If you or a loved one has been diagnosed with COVID-19 that you think was contracted through workplace exposure, we suggest that you file for workers’ compensation if your employer has workers’ compensation and contact an experienced workers’ compensation attorney if your claim is disputed. One estimate says coronavirus treatment will result in tens of thousands of dollars in medical bills per case, which translates to expensive workers’ comp claims that many insurers will fight.

The workers’ compensation attorneys of Herrman & Herrman in Brownsville, Texas, are reviewing COVID-19-related workers’ comp cases from Brownsville and all of South Texas. We are here to fight for you when employers and insurers do not do the right thing.

Contact Herrman & Herrman at (361) 882-4357 in Brownsville or online for a free remote “social distancing” consultation about your claim.

File a Coronavirus Workers’ Compensation Claim

Texas Gov. Greg Abbott’s executive order defining “essential services” during the COVID-19 pandemic incorporated everything listed as essential by the federal government’s Guidance on the Essential Critical Infrastructure Workforce. This covers several industries and allows or requires numerous Texans to continue to report to their jobs during the pandemic.

To obtain workers’ comp benefits, a worker who contracted COVID-19 would need to prove that he or she faced a heightened risk of exposure to illness because of their employment compared to the risk of exposure that members of the general public faced. The Texas Medical Association says that “proving a work-related contraction of COVID-19 would be difficult in many scenarios, given that the virus has proven contagious enough to cause a global pandemic.”

However, we would argue that Texans in essential jobs who continue to regularly report to job sites undeniably increased their potential exposure to the coronavirus compared to people complying with stay-at-home directives.

If you believe you have a case of COVID-19 coronavirus that you contracted while on the job and/or because of your assigned job duties, you should file for workers’ compensation benefits as soon as you can.

To file a workers’ compensation claim:

• Report your COVID-19 diagnosis. Notify your employer in writing that you have been diagnosed with coronavirus and that you believe you contracted the virus at work. If you can, identify dates and the specific incident, source or reason you think you were exposed to COVID-19 while on the job. Save copies of all communications to and from your employer.

It is also up to you to report your illness to the Texas Division of Workers’ Compensation (DWC). Complete and submit DWC Form-041, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease. Download a copy of the competed form for your records. Submit the form online or mail a copy to:

Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100 MS-93
Austin, TX, 78744-1645

• Advise your doctor of the workplace connection. Write down an explanation of your workplace exposure to COVID-19, including when and how it happened, names of others present and take it with you if you go to a doctor’s office and/or the hospital. A coronavirus victim may lose the ability to communicate and loved ones will be excluded from treatment areas, so putting the circumstances of your illness in writing helps to ensure doctors have the information. It also preserves your explanation as evidence for a claim later.
• Follow COVID-19 related instructions. If you isolate at home, be sure to follow doctors’ orders as well as any governmental orders regarding the COVID-19 pandemic. Otherwise, the workers’ comp administrator may contend that you could have exposed yourself outside of work and/or that you were not made particularly ill by the virus.
• Track your illness and expenses. You and/or a loved one should maintain a record of all treatment you receive for coronavirus, workdays you miss, and all receipts for bills and out-of-pocket expenses associated with your illness and recovery.

You should also speak to an experienced Texas workers’ compensation lawyer about your claim, particularly if your employer is not 100 percent supportive of you seeking medical care and/or taking time away from work to recover. A lawyer can help you prepare for what may be a fight to obtain workers’ comp benefits.

Contact Our Brownsville COVID-19 Workers’ Comp Attorneys

Texas workers’ compensation claims related to the coronavirus pandemic will likely be handled on a case-by-case basis with many employers and insurers disputing them. You need an experienced lawyer who can help you present the strongest claim for benefits. The workers’ compensation lawyers of Herrman & Herrman, P.L.L.C. are ready to fight for clients and their family members to obtain the full benefits available by law to them.

Contact us at (361) 882-4357 in Brownsville or online from anywhere in Texas for a remote consultation that is free, confidential and with no strings attached.

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Warning Signs of Elderly Abuse

Statistics show that one out of every six elderly people over 60 have experienced elderly abuse. While in most cases these abuses are meted out in subtle forms of negligence, financially, emotionally and verbally. In other cases it comes in more serious forms like sexual abuse and physical abuse.

Elderly abuse is found most often in nursing homes, where there is often no actual surveillance. Residents are often left in the care of overworked and underpaid caretakers, who sometimes project these frustrations on them.

At Herrman & Herrman, we know that when you have an elderly loved one in a home, it is important to check on them regularly. Even if they are being treated badly, they might not speak up about it because they do not know how to explain the issues.

Moreover, because of the mental health issues plaguing many of our elderly loved ones, we do not take what they say to heart, as we think it might be their dementia speaking.

That said, here are warning signs of elderly abuse that you should look out for in your elderly loved ones who are in the care of people other than you.

3 Signs of Nursing Home Abuse

Bruises and injuries: When you go to visit them, do a routine check of their bodies, look out for bruises and injuries, new and old scars. This will help you know if physical abuse is being meted out on them. When you notice them, it should be clear that it is time to report to the appropriate authorities or completely take them out of that space where they are being abused.

Malnourishment: When your loved one starts losing weight for no reason and you know they are not sick, there is a chance that they are not being properly fed. Make your investigations and take your findings to the proper authorities and let them know that you do not think some things are right.

Depression: If your loved one starts being sad and withdrawn, it could be an indication of abuse. It could be worth hiring a psychologist or counselor to help & option of moving them away from harm.

Contact an Elderly Abuse Lawyer in Corpus Christi

Elderly people who are being abused die faster than those who are not being abused. If you believe that your loved one has been abused or neglected at a nursing home, you need an experienced elderly abuse attorney. Fill out our online form to reach Herrman & Herrman now.

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Salmonella & E. Coli — What Are They?

Salmonella and E. coli are bacteria and top 2 causes of food poisoning in the world. They are similar bacteria, salmonella evolved from E. coli about a million years ago, which explains their same means of transmission and common symptoms. But, they are different as E. coli is much more heterogeneous compared to salmonella, and therefore has more dangerous effects.

Salmonella causes Salmonellosis which is one of the world’s common infections of food poisoning with tens of millions of cases reported annually. Salmonella infections are more common in the summer than the winter because it grows faster in higher temperatures. Infections from salmonella can cause fever, stomach upset, nausea, vomiting, diarrhea and pain. Although most people get better on their own within 4-7 days, make sure you see a doctor if your case is severe.

Escherichia coli (E. coli), is a type of bacteria that lives in the intestines and sometimes gut of some animals.  Although most types of E. coli are harmless, some species are pretty harmful and can cause infections like food poisoning, fever, adult kidney failure, seizures, pneumonia, and urinary tract diseases. Although most people get better within 10 days, some severe cases can extend beyond that. If you have any of the above symptoms, it is best you seek professional help.

Common causes:

Both Salmonella and E. coli are present in the intestines and feces of both humans and animals and they both require ingestion for infection to be initiated.

Common ways of infections include:

• Eating undercooked or raw contaminated foods
• Drinking contaminated water
• Eating or drinking improperly processed dairy products
• Swimming or playing in contaminated water
• Having contact with feces
• Having contact with infected animals
• Eating improperly washed fruits and vegetables
• Having contact with infected people

Prevention

The best ways to protect yourself and your family from salmonella and E. coli infections is to:

• Maintain good personal hygiene:  ensure to wash your hands especially:
• After playing with pets
• Using the toilet
• Caring for infected people
• Before eating.
• Maintain good cooking practices: in the kitchen, you can also prevent infections by
• Always washing and cooking meat and vegetables properly
• Washing  ready to eat fruits properly
• Washing  cooking garments and utensils
• Cleaning  cooking surfaces
• Thawing  meat in the refrigerator and not at room temperature
• Separating meats and other raw foods from fruits, vegetables and other ready to eat products when shopping.
• Maintain clean drinking water
• Avoid swallowing water while swimming
• Avoid going to pools when infected and within two weeks of recovery.

Legal Action

If you suspect that food from a restaurant caused you to experience food poisoning, let our experienced attorneys explain your legal options. You could be eligible to pursue compensation. To find out more, fill out our online form and schedule your free consultation.

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Can Product Liability Lawsuits Target Phony COVID-19 Treatments?

There is an old saying, “Never let a crisis go to waste.” Unfortunately, some purveyors of miracle cures and other dubious products are trying to take advantage of consumer fears surrounding the COVID-19 pandemic. The Food and Drug Administration is issuing warning letters to sellers of allegedly fraudulent COVID-19 products on almost a daily basis.

Even Amazon has had to reassess what it sells online to avoid any complicity in potential fraud that could lead to product liability lawsuits.

There is likely to be a glut of product liability litigation in the U.S. once the coronavirus pandemic ends and life returns to something akin to normal. Product liability lawsuits are based on the legal responsibility of manufacturers and distributors to ensure that products are safe when used as intended. Consumers who are harmed by defects in a product or deceptive marketing of a harmful product may be entitled to claim compensation for their medical bills and/or other losses.

The Corpus Christi product liability attorneys at Herrman & Herrman, P.L.L.C. are ready to fight for you if an unsafe product sold as COVID-19 prevention, treatment or cure has harmed you or your loved one. We are meeting remotely with prospective clients in Corpus Christi and throughout South Texas to assess potential claims. Contact us today at (361) 882-4357 or online to set up your free legal consultation.

Dangerous Products and COVID-19 Coronavirus Fraud

The U.S. Centers for Disease Control and Prevention (CDC) says there is no known cure nor any generally approved treatment for the COVID-19 coronavirus, regardless of what President Trump or any  television personality or advertisement says.

The Federal Trade Commission (FTC) says Americans have lost $13.4 million to coronavirus-related fraud since the beginning of the year, according to CNBC. “Because not all consumers may have reported fraud to the agency, the true dollar figure could be much higher,” the report says.

FTC Commissioner Paul Witt writes in an April 15 blog post that the agency is hearing about callers invoking the COVID-19 pandemic and making illegal medical or health-care pitches. Other reported frauds include websites promising scarce cleaning products or masks, which never arrive after being ordered, problems related to being reimbursed for canceled travel plans and attempts to steal consumers’ coronavirus economic relief checks.

The Food and Drug Administration (FDA) posts daily announcements of actions it has taken in response to the COVID-19 pandemic. They include notices of warning letters issued to companies about coronavirus-related products. Among the companies most recently warned and the FDA’s explanations are:

• Fishman Chemical of North Carolina, LLC, and  G’s Marine Aquaculture of Florida, which distribute chloroquine phosphate products intended to treat disease in aquarium fish. The agency is concerned that consumers may mistake unapproved chloroquine phosphate animal drugs for the human drug chloroquine phosphate, which is currently under study as a potential treatment for COVID-19. People should not take any form of chloroquine unless it has been prescribed by a licensed health-care provider.
• The Art of Cure, a Washington company that offers homeopathic drug products for sale in the U.S. that are unapproved and misbranded with misleading claims the products are safe and/or effective for the prevention and treatment of COVID-19.
• Herbs of Kedem, which sells unapproved and misbranded herbal products for the prevention and treatment of COVID-19.
• GBS, dba Alpha Arogya India Pvt Ltd, an Indian company that offers unapproved and misbranded ayurvedic products including “Alpha 11” and “Alpha 21” for sale in the U.S. with misleading claims about the prevention or treatment of COVID-19.
• Gaia Arise Farms Apothecary, a North Carolina company that offers unapproved and misbranded products, including “True Viral Defense” or “Viral Defense Tincture.” The company makes misleading claims the products are safe and/or effective for the treatment or prevention of COVID-19 in people.
• Free Speech Systems LLC, dba Infowars.com, which offers unapproved and misbranded products for the prevention or treatment of COVID-19.
• Genesis II Church of Health and Healing, which sells fraudulent and dangerous chlorine dioxide products known as “Miracle Mineral Solution” for prevention and treatment of COVID-19.
• Savvy Holistic Health dba Holistic Healthy Pet, which sells fraudulent products with misleading claims about the prevention or treatment of COVID-19 in people and pets.
• CBD Online Store, which offers unapproved and misbranded CBD products with misleading claims the products are safe and/or effective for the treatment or prevention of COVID-19 in people.

If you have purchased COVID-19 products from any of these sellers, you should not consume them. If you have consumed any of these products and become ill, you should contact a product liability attorney.

Amazon Responds to Potential Liability for Defective COVID-19 Products

In March, online retailer Amazon announced that it had pulled more than 1 million products for price gouging or falsely advertising the products’ effectiveness against the coronavirus. Wired magazine says the move followed reports by Wired and others of price gouging and misleading claims.

CNN Business points out that third-party sellers on Amazon have come under criticism in the past for selling defective or fraudulent products with little oversight.

But PBS’s Frontline reports about a trio of court cases that may subject the e-commerce giant to product liability claims based on injury caused by items sold by third-party vendors on Amazon’s Marketplace.

The U.S. Court of Appeals for the Third Circuit in Philadelphia, Pa., was the first to reject Amazon’s claim that it cannot be considered a seller of products offered by third parties under state product liability law.

According to Frontline, neither the injured consumer nor Amazon was able to locate the third-party seller to seek damages for an allegedly defective product, so the consumer sued Amazon. Like other e-commerce companies, Amazon argued it is not responsible for third-party sales.

“In a surprise 2-1 decision in July, a three-judge panel said Amazon was liable as a seller of products sold by third-party vendors,” Frontline says. “‘We do not believe that Pennsylvania law shields a company from strict liability simply because it adheres to a business model that fails to prioritize consumer safety,’ wrote Judge Jane Richards Roth in the panel’s majority opinion.”

Federal district courts in Wisconsin and New Jersey have since relied on the Third Circuit’s decision to rule that Amazon can be held liable for injuries and damages done by third-party sellers’ products on the Amazon website.

Contact Our Corpus Christi Product Liability Lawyers

If you have questions about whether a product advertised and sold as a prevention treatment or cure for the COVID-19 coronavirus caused you to be injured, contact the product liability attorneys of Herrman & Herrman in Corpus Christi for a free initial consultation. We anticipate numerous product liability claims in Texas and across the country once the COVID-19 pandemic subsides. Get the circumstances of your case on the record and a potential claim underway by contacting us now at (361) 882-4357 or through this website.

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Who is Liable for Public Transportation Injuries?

Public transportation is often preferred to private means of transportation for several reasons, one of which is the level of safety. When we say public transportation, our minds sway to buses first because those are vehicles built to carry a good number of passengers at once. Subways are also a means of public transportation amongst others and even from individual surveys, you would agree that these vehicles hardly get involved in accidents.

However, the nature of the vehicles makes them open to peculiar accidents like falling, stampedes, and loads-becoming-projectiles. Knowing this, public transportation drivers always tend to be more cautious because the passengers are at risk of getting injured even without a collision. But what happens when a passenger gets injured regardless of the driver’s caution?

Who is Responsible for Public Transportation Accidents?

A passenger may get injured on a means of public transport due to negligence on the driver’s side, the passenger’s or a third-party. Generally, the owner of the public transportation company in question is liable to pay for any resulting accidents but that is if the injured can prove that the driver was negligent.

Say, for example, a passenger is walking from his seat to talk to a friend seated elsewhere and the bus suddenly stops to prevent a collision with a careless driver. The passenger may fall and sustain any degree of injuries and without minding what happened, proceed to lay claims. Sadly, it doesn’t work that way.

After laying claims, the injured would need to provide enough proof that the accident was the driver’s fault and in the case mentioned above, it wasn’t. If the driver had been involved in a conversation or appeared to be sleeping off when the accident occurred, then the injured can very well go ahead with his claims.

However, most of the public buses on the road are owned by the government and filing a claim against the government is not as easy as one against a private company. If the government denies the claim, the injured would have to file another claim against the government body which may take longer. So, in case of an accident, the injured should always do well to take photos as evidence, call up an attorney and then proceed to get medical attention. Filing a claim may or may not be successful and you wouldn’t want your health to deteriorate pending judgment.

Contact an Attorney

If you have been injured in an accident while using public transportation, you need an experienced personal injury lawyer on your side. At Herrman & Herrman, our seasoned attorneys will fight for your right to compensation. Contact us now to schedule your free consultation.

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Pharmaceutical Malpractice: What You Should Know

Pharmaceutical malpractice occurs when pharmacists fill out a wrong prescription, give the wrong doses, or administer drugs that cause health issues in patients that ingest them.

Basically, pharmaceutical malpractice results from a pharmaceutical professional’s negligence towards a consumer or patient.

According to the United States Food and Drug Administration, pharmaceutical negligence is any preventable medical errors that causes or leads to health issues due to the improper allocation of drugs by a healthcare professional.

Prevalent forms of pharmaceutical malpractice

Failure to advise a patient on the effect of long-term usage of a drug – primary healthcare providers are responsible for counseling their patients on the long-term effect of being too long on prescription medication. Any negative risk or complication resulting from the negligence of informing the patients is equivalent to pharmaceutical malpractice/negligence.

Failure to fill out a patient’s prescription correctly – this is the most common form of pharmaceutical negligence and occurs when a pharmacist mistakenly interprets the doctor’s instruction as something else and prescribes drugs that cause the ailment to continue or get worse.

Prescribing the wrong drug or dose due to clumsily reading a patient’s medical record – this occurs when the medical practitioner involved with the patient fails to go through a patient’s medical records, hence he/she prescribes medications that put the patient’s life at risk.

Giving patient defective drugs – this is the top cause of pharmaceutical malpractice in the United States. This results from failure to recall inadequately tested drugs, a type of design defect, or contaminated drugs that are dangerous when ingested by the patient.

Statute of Limitation to Filing a Pharmaceutical Lawsuit

The time limit to file against a pharmaceutical malpractice lawsuit is between 3 to 6 years, depending on the state you live in and the complications caused by the medication.

However, the statute of limitations in most states is two to three years at maximum. If your accident is not acknowledged or noticed until after the said time, the claim is referred to as time-barred.

How much can I get for a pharmaceutical claim?

It often depends on the injuries and complications suffered from pharmaceutical malpractice. Some patients require the parties involved to acknowledge their wrongs and put preventive measures to ensure it doesn’t happen again.

If you or a loved one suffer from pharmaceutical malpractice or negligence, speak to an experienced medical malpractice lawyer. Call or contact us online today.

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Catastrophic Workplace Injuries That Turns Your Life Upside Down

Catastrophic injuries can end careers and turn families’ lives upside down. Full recovery from a catastrophic injury such as a traumatic brain injury or spinal injury may take years. It may require the accident victim to adapt to a new life.

If a loved one of yours has suffered a catastrophic injury on the job, you need to have a clear understanding of your loved one’s legal rights and options. Texas, unlike other states, does not require all employers to have workers’ compensation coverage to protect injured workers. An experienced workplace injury attorney at Herrman & Herrman in San Antonio can review your accident and explain your legal options during a free consultation.

Our workplace injury attorneys at Herrman & Herrman in San Antonio can help you seek workers’ compensation benefits, if available, or pursue a personal injury claim on your behalf. We do everything we can to assist victims with catastrophic injury cases.

What is a Catastrophic Injury?

A catastrophic injury is one that causes permanent, life-altering physical and/or mental damage. Federal law (42 U.S.C. § 3796b(1)) defines catastrophic injury as an injury that permanently prevents an individual from performing any gainful work.

Catastrophic injuries are characterized by a lengthy recovery process and debilitating symptoms that severely damage the individual’s ability to perform daily life activities, such as:

• Caring for oneself
• Performing manual tasks
• Seeing
• Hearing
• Walking
• Standing
• Lifting
• Bending
• Speaking
• Breathing
• Learning
• Reading
• Concentrating
• Thinking
• Communicating
• Working.

Specific examples of catastrophic injury include:

• Severe traumatic brain injury (a TBI that causes lasting physical and/or cognitive / psychological incapacity)
• Spinal cord injury (paralysis, i.e., paraplegia or tetraplegia)
• Severe burns (third-degree burns, or burns over a major joint or large portion of the body)
• Loss of limb

• Blindness or loss of one eye
• Internal organ damage

Catastrophic injuries require emergency medical care and may require multiple surgeries, lengthy convalescence and extensive rehabilitation to achieve the maximum medical improvement possible. Rehabilitation should include psychological counseling for those with life-altering injuries. Counseling also may be extended to family members of the disabled worker.

Some individuals recover fully from catastrophic injuries. In many cases they do not, and the end result is:

• Permanent disability
• Permanent loss in quality of life
• The need for live-in care or constant assistance
• Reduced life expectancy.

Catastrophic, career-ending workplace injuries require you to look forward and anticipate future needs, perhaps for years to come. It is crucial that the compensation you recover from a work injury claim addresses such requirements as future medical procedures, use and maintenance of assistive devices, in-home nursing care or personal assistance, and more.

A catastrophic injury claim will likely require a large payout, which insurers do not like to make, regardless of how clearly justified it is. To make the strongest case for a full financial settlement, you’ll need experienced legal representation. The injury lawyers at Herrman & Herrman P.L.L.C., have successfully represented thousands of clients with serious injuries in San Antonio and South Texas.

We cannot change what happened to you. But Herrman & Herrman will do everything legally allowable to make sure you recover a workers’ comp or personal injury claim settlement that will keep you and your family financially stable in the years ahead. Please contact us in San Antonio as soon as you can to discuss how we can help you or your loved one.

Planning for the Future After a Catastrophic Injury

If you employer has workers’ compensation insurance, you may be entitled to a number of benefits after a workplace accident.

Texas workers’ compensation benefits include reimbursement for all necessary medical costs related to a workplace injury, Temporary Income Benefits (TIBs) for lost salary and wages, Impairment Income Benefits (IIBs) for permanent impairments from a work-related injury, and Lifetime income benefits (LIBS) for certain disabling or catastrophic injuries.

TIBs are equal to 70% of the difference between your average weekly wage and the wages you are able to earn after your work-related injury. IIBs are 70% of your average weekly wage. LIBs are 75% of an injured employee’s average weekly wage, with a 3% increase each year.

If your employer does not have workers’ compensation insurance or if a third party – not your employer – contributed to your injuries, you may be eligible to file a workplace injury lawsuit. A personal injury lawsuit may demand compensation for:

• Medical expenses
• Lost wages, including losses due to loss of future earning capacity
• Pain and suffering
• Mental anguish
• Physical impairment
• Disfigurement
• Loss of consortium.

Medical costs typically make up the majority of payments for a catastrophic injury claim. But the costs of hospitalization and medical care to save the life of a catastrophic injury victim are only the start. In many catastrophic injury cases, determining proper compensation for medical costs must take into account ongoing medical needs.

To calculate a proper workers’ compensation or personal injury settlement for a permanently disabled client, we work with medical and financial professionals to develop a life care plan. This detailed report is a plan for current and future needs and their associated costs for individuals who have experienced catastrophic injury.

A client’s needs considered for inclusion in a life care plan include:

• Routine medical care
• Evaluations
• Diagnostic testing
• Therapies
• Prescription and nonprescription medications
• Potential complications / surgical intervention
• Medical and adaptive equipment
• Aids for independent functioning
• Home care / facility care
• Transportation
• Architectural modifications to the home
• Vocational services.

Contact a Workplace Injury Attorney in San Antonio

Our San Antonio workers’ compensation lawyers at Herrman & Herrman know how to fight aggressively for our clients’ rights. We are committed to helping clients dealing with catastrophic injuries. We will take the time to understand all the ways that your injury has affected your life and your family’s future and determine the full amount of compensation you are due. We will use all of our resources to pursue a proper settlement for you.

Our team of aggressive San Antonio workplace injury attorneys are available discuss your case and help you make the best decision regarding your legal options and future needs. Call us today at (361) 245-1263 for a free consultation. We are here for you!

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Can I Sue a Nursing Home?

Nursing home provide care for sick people, elderly people, or others who are finding it difficult to care for themselves. Of course, some professional caregivers are being paid to provide the necessary help/care that these people require, and these caregivers often do wonderful jobs.

Unfortunately, however, a number of these caregivers and nursing homes ironically abuse the patients under their care. Reports from the United States Nursing Home Abuse Center shows that about one million to two million senior American citizens have suffered at least a form of abuse from caregivers and nursing homes.

Is it Possible to Sue a Nursing Home?

It can be quite frustrating when your rights are denied or trampled upon. Perhaps you have been abused by a nursing home before, or you have a relative who has been abused or is currently being abused by a nursing home. You are probably wondering if it is possible to sue a nursing home.

Well, the answer is yes. You can file a legal lawsuit against a nursing home or caregiver who is exercising a form of nursing home abuse over you, your friend, or relative. Here are some situations that could warrant you to sue a nursing home.

When to Sue a Nursing Home

Negligence in the Hiring Process: It is almost a common practice for nursing homes to be understaffed or staffed with inexperienced and uncertified caregivers. When this is the case, the abuse of patients becomes almost inevitable. If you notice any of such negligence in the hiring process of a nursing home, you can apply for a lawsuit against them.

Unsanitary Environment in a Nursing Home: Seeing that senior citizens are not capable of caring for themselves, they will require help to maintain their personal and environmental hygiene. Thus, it is the job of caregivers in nursing homes to Carter to their hygiene and that of the environment around them. If this is not done, you can sue the nursing home.

Emotional or Financial Exploitation: As people get older, they become weaker. Thus, they become easy targets for exploitation. Some nursing homes have been reported to take undue financial and emotional advantage of their patients in the past. You can sue any nursing home that tries to take advantage of you or your loved ones.

Contact a Nursing Home Abuse Lawyer

Every patient reserves the right to be treated with respect. If treated otherwise, you should contact a nursing home attorney with proven results. At Herrman & Herrman, our lawyers will take the time to get to know you and your case, and will fight for your rights. Call now or fill out our online form to receive a free consultation.

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Coronavirus Economic Relief Checks — Coming Soon to Texas

Many Texans who are suffering financially from the effects of COVID-19 and the closure of many businesses should receive relief checks from the federal government in the coming weeks.

The $1,200 checks being sent to individuals and $2,400 checks for couples are part of a $2 trillion economic stimulus package approved by Congress. As with any large government program, there are many details to satisfy all the needs being targeted. Many people are confused about what to expect.

Herrman & Herrman PLLC is putting you first by answering the following common questions about the economic stimulus checks being sent to individual taxpayers as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act.

Will I Receive a COVID-19 Tax Rebate Check?

Most people who filed tax returns for either 2019 or 2018 will automatically receive an “economic impact payment” of up to $1,200 for individuals or $2,400 for married couples filing jointly, plus up to $500 for each dependent child age 16 or younger.

A full payment will be sent to individuals with an adjusted gross income up to $75,000 and to married couples filing jointly with income up to $150,000. For taxpayers with incomes above those amounts, the payment amount will be reduced by $5 for each $100 above the $75,000/$150,000 thresholds.

Your 2019 or 2018 tax returns will be used to calculate the payment you receive. If your income drops this year and you would have received more money than your 2019 or 2018 return allowed, you will receive the extra payment in the 2020 tax season (i.e., 2021). Taxpayers whose 2020 income would have reduced the amount of the rebate will see any overpayment forgiven.

Social Security recipients and railroad retirees who are otherwise not required to file a tax return are also eligible to receive stimulus checks. You are not be required to file a return.

The Tax Foundation estimates that the average check will be about $1,523, with checks ranging from $1,436 to $45 for the highest-earning eligible taxpayers.

This is a one-time payment, but Congress may consider additional rebates if the economic downturn caused by the COVID-19 pandemic is prolonged.

Are There People Who Will Not Receive a COVID-19 Relief Check?

Individuals who file taxes as singles and whose income exceeds $99,000 and joint filers with income exceeding $198,000 with no children are not eligible for coronavirus relief checks.

How Will Texas Residents Receive Coronavirus Relief Payments?

The IRS will use information from the tax returns filed by most eligible rebate recipients to know where to send payments. Eight out of 10 taxpayers get their tax refunds by direct deposit, according to the Internal Revenue Service. The economic impact payment will be deposited directly into the same banking account reflected on the return you filed in 2018 or 2019.

If the IRS does not have direct-deposit information for you, you will need to use a web-based portal set up for individuals to provide your banking information to the IRS online. As of this writing, this portal was still under development by the Treasury Department.

If you do not have banking information on file with the IRS, you will be mailed a check.

When Will Texas Residents Receive Coronavirus Relief Payments?

The CARES Act directs the U.S. Treasury to pay tax rebates out as rapidly as possible and appropriated $396,450,000 for the Treasury and the Social Security Administration to administer the program.

In an appearance on “Face the Nation” on March 29, Treasury Secretary Steven Mnuchin said coronavirus relief checks will start being delivered via direct deposit to recipients “within three weeks.”

“If Mnuchin’s forecast proves accurate, some people would receive stimulus payments sometime around the middle of April,” Money.com said. “However, there is some skepticism that such a timeline is realistic. It took the IRS six weeks to start sending out rebate checks in 2001 as part of a tax cut, and upwards of three months for checks to be sent after a stimulus package was approved in 2008.”

CNBC reports that if you do not have banking information on file with the IRS, it could be several months before you receive a mailed rebate check. Low-income workers will get priority when it comes to sending paper checks.

The Washington Post said the highest-income individuals eligible for rebates and those who had to submit information to the IRS because the agency didn’t previously have their information could also wait months to receive checks.

How Do Other Federal Benefits Impact My COVID-19 Payment?

Federal benefits should have no impact on your coronavirus rebate. For example, most people who are receiving Social Security retirement and disability payments each month will also get a stimulus payment, a New York Times FAQs about the coronavirus stimulus package says. People who are unemployed and veterans are eligible for payments, as well.

How Can I Keep Up with News About COVID-19 Tax Relief Payments?

The IRS communicates with Americans through multiple social media channels in English and Spanish, and through the IRS2Go mobile app. The IRS’s YouTube channels present short, informative videos in English, Spanish and American Sign Language.

To connect with the IRS through social media, go to IRS.gov/socialmedia.

The IRS has 20 registration-based e-News options available at its e-News Subscription service. The IRS Newswire provides news releases the day they are issued. These cover a wide range of tax administration issues ranging from breaking news to details related to legal guidance. They are also available in Spanish.

The IRS urges taxpayers to be alert for IRS impersonators and other scammers. “The IRS isn’t going to call you asking you to verify or provide your financial information so you can get an economic impact payment or your refund faster,” IRS Commissioner Chuck Rettig said in an April 2 news release that provides tips for recognizing a scam. “That also applies to surprise emails that appear to be coming from the IRS. Remember, don’t open them or click on attachments or links. Go to IRS.gov for the most up-to-date information.”

If you have general questions about the COVID-19 coronavirus, such as symptoms, prevention steps and more, visit the Centers for Disease Control and Prevention (CDC) COVID-19 page.

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What to Do After a Car Accident

Accidents are unexpected events that cause injury and, in other cases, lead to death. When an accident happens, it can be extremely difficult to get your life back to normal. If you suddenly became a victim of a car accident, it is important to know the appropriate steps to take.

First Steps After a Car Accident

1. Get Medical Help if Necessary

Don’t assume you’re fine. Your injuries may require immediate medical attention.

2. Don’t Drive Away

Even if the situation doesn’t seem serious, don’t drive away from the scene of the accident.

You may need to perform a simple task such as securing the scene. This is important to ensure that no further accident occurs at the same spot. Especially when the cause for the eventuality – if external referring to something either on the road and not some mechanical faults or internal crisis – is identified by driver.

3. Call the Police

Don’t waste another minute before you dial 911. When you suddenly found yourself in a car accident, you want to make sure that you immediately get a hold of a phone to inform the police of the development. This is good in a situation where you may need to file a police report to lay claims on insurance. In other circumstances, you may want to notify the police and let them have a record of this event for future purposes. You never could tell the accident may be something you might eventually want to refer to in the future. A police report gives you a good reference point.

4. Be Clear When Narrating the Incident to the Authorities

You want to be as accurate as possible. Don’t beat about the bush and don’t leave out the tiniest little detail.

5. Notify the Insurance Company

Let your insurance company be aware of the incident. Depending on the contract and policies of the insurance company, it may require that you notify them as soon as the incident occurs. In addition to that see that you annex the benefits of your insurance to its maximum. Some insurance policies have medical benefits which ultimately would offer you more in payment settlement.

Take a note of this information and apply them when you find yourself in a car accident.

6. Talk to a Lawyer

The experienced car accident attorneys at Herrman & Herrman have decades of experience winning compensation for their clients. Call now or contact us online to schedule your free consultation.

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Why Cancer is the Leading Cause of Death for Firefighters

A fire outbreak either at home, office, or any other place is one of the most dreadful events. Over time, countless people have experienced their properties being razed down by the fire while they helplessly looked on, unable to help the situation. For most people, it is this powerlessness to save their properties from the burning flames that makes a fire outbreak situation even more dreadful and frustrating.

However, thanks to firefighters (professionals who have been specially trained to fight and minimize the effect of fire outbreaks), people are no longer as helpless during fire outbreak occurrences as they used to be, seeing that they can now call a team of firefighters to come help extinguish the fire and save the situation.

However, it seems like the lives of these saviors are being sacrificed daily on their duty posts while trying to save other lives and properties. This is because they become extremely exposed to one of the deadliest diseases on Earth today – cancer. It is reported by a 2016 research by the NIOSH (National Institute for Occupational Health and Safety) that firefighters in the United States of America are at a 9 percent greater risk of being diagnosed for cancer than the rest of the U.S citizens.

Another research study by the International Association of Firefighters in 2017 reports that cancer is the disease that causes the most death among firefighters, with a 61% rate of career line-of-duty deaths among firefighters between 2002 and 2017 being caused by it.

These stats are quite alarming, and show that something must be done quickly to stop these unfortunate deaths of our noble firefighters.

Why is Cancer the Leading Cause of Death among Firefighters?

The reason why cancer has become such a frequently occurring disease among our firefighters today is not farfetched from the fact that landed properties today are built with more synthetic materials and furnished with almost everything synthetic. Thus, when there is a fire outbreak situation, properties do not only burn faster and hotter, they also release more toxic gasses into the atmosphere.

These toxic materials that are being emitted tend to stick on the uniforms of the firefighters, and from there it can easily transfer to their skin. More, during the process of firefighting, firefighters are very likely to breathe in these toxics too, all increasing their chances of contracting cancer.

How Can We Save our Firefighters?

Of course, our firefighters deserve to be saved too, and to do this, we have to cut down on the amount of synthetics we put into building and furnishing our properties.

More, firefighting outfits and departments could use some more funding to help them improve on their hygiene and facilities, as well as health care packages.

It is no doubt that firefighters do quite a lot in helping to save lives and properties from damages caused by fire, and they put themselves at risk in the process. There may be surprising ways, such as reconsidering the materials we use, that can greatly reduce the risks posed to firefighters.

Fire Accident Lawyer

Herrman & Herrman, P.L.L.C., represents people and their families who have been injured or killed as a result of fire accidents. Our firm handles personal injury and wrongful death claims resulting from vehicle fires, industrial fires, building fires and fires on oil rigs and oil fields near Eagle Ford Shale, Texas, as well as others. If you need help, contact us now.

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Dog Bite Liability

Dogs are without doubt one of the most loved animals by man, largely because of its friendly, energetic, loyal, and fun nature, among others. The relationship between man and dog goes back a long time and has only waxed stronger ever since.

 

Today, a good number of homes in the world own at least one dog as a pet or guard. This is not all, it has also been reported that dogs, alongside cats, are the two most owned animal pets in America recently.

 

This goes to show how much love dogs enjoy all over the world. But then, as much as dogs are being loved by men, people are often at risk of being bitten or injured by the same dog if proper care is not taken.

This is why different governments around the world have set rules and policies to help protect citizens against dog bites. In this article, we shall discuss some important things you should know about dog bite liability.

 

What Does Dog Bite Liability Mean?

In simple terms, dog bite liability entails the cost implications that a dog owner is to incur if his or her dog bites someone. Oftentimes, the liability cost is to cover the medical treatment expenses for the injury resulting from the bite. What this means is that you are entitled to some payments from a dog owner if his/her dog bites you under these conditions;

If There is Proof of Security Negligence on the Owner’s Part; dog bite liability applies if it can be proven that there is negligence on the part of the dog owner. For instance, if he does not abide by a local leash dog law.

Prior Knowledge of Impending Danger; dog bite liability also applies if it can be proven that the dog owner had prior knowledge of the dog’s tendency to inflict an injury, and yet did not act to prevent it.

Defense for Dog Bite Liability

Dog owners might just escape dog bite liability responsibilities if they can prove

That the victim was trespassing at the time of the bite

That there was security negligence on the part of the victim.

Dog bites are capable of causing serious injuries and even death. So, no one wants to experience this. We have discussed several important things you should know about dog bite liability in this article.

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