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This Blog was brought to you by the J.A. Davis & Associates, LLP - Accident Injury Lawyers principal office in San Antonio

Starting at the Beginning: Determining the Employer’s Workers’ Compensation Status

We can thank our lawmakers (and the insurance lobby who pays for their lunches and nice vacations) for today’s difficulty in understanding workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp insurance. Roughly one in two employers subscribe to the program. So, workers’ comp injury cases are divided into two separate types that require altogether different methods and strategies to resolve. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your serious injury reimbursement, the first order of business is to determine whether or not your employer is one or the other. More Information here
Workers’ comp benefits are paid out of a “pool” of funds. This pool is stocked by private insurance carriers that participate in the program. It pays injury claims while it protects subscriber-employers from lawsuits and generally disregards the legal rights of employees. Whether the employer is negligent does not figure into the equation. Workers’ comp reimbursement amounts are limited or “capped.” So when an employee is seriously hurt, the monetary benefits they can receive often fall way short of what is actually needed to return to physical and fiscal health. Now workers’ comp does provide some compensation to employees who are injured on the job site. But it’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. And subscribing employers cannot be directly sued for the more appropriate amount of fair damage compensation.

On the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must first file a claim with the employer’s private liability insurance company or a lawsuit in civil court if the employer is not covered or has no insurance at all. Fortunately, for the injured party, the prerequisites that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance are not as stringent as they once were. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents due to these relaxed standards.

Since workers’ comp is cheaper than traditional employer liability insurance, one would assume all companies would be wise and purchase workers’ comp instead. There’s no accounting for those who live dangerously (and pay higher rates) by not subscribing to workers’ comp because it is comparatively cheaper than private liability coverage. So many employers still choose to roll the dice and take the risk of being a non-subscriber. Then, when the odds catch up with them, they try to avoid a lawsuit and lie to you by claiming that they have workers’ comp when a worker is injured. These employers may try to quickly pay you benefits you would normally receive from workers’ comp, then ask you to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook for the actual damages you are owed. But we don’t fall for this oft-used employer trick and neither should you

This is one of many examples of how you benefit from an experienced Texas workers compensation lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal avenues are available to you. Once we have identified the nature of your employer’s workers’ comp standing, we then move forward together to secure your injury compensation.

The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.

So if you or someone you love has been hurt on the job, our attorneys can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice.

Press Release

Carabin Shaw - Accident Injury Lawyers Announces Relocation of San Antonio Office

San Antonio, [August 2023] - Carabin Shaw - Accident Injury Lawyers, a leading personal injury law firm in Texas, is excited to announce the relocation of its San Antonio office from its previous location on 630 Broadway, San Antonio, 78215 to a new and improved facility, located at the "old Creamery" 875 E Ashby Pl# 1100 San Antonio, Texas 78212
The move is part of the firm's commitment to serve their clients better and provide enhanced legal representation in the San Antonio area.

The new office space, strategically located at 875 E Ashby Pl# 1100 San Antonio, Texas 78212, offers an upgraded and modern environment for clients and staff alike. With state-of-the-art facilities and expanded resources, Carabin Shaw is poised to continue delivering exceptional legal services to individuals and families who have suffered injuries due to accidents.

Carabin Shaw's team of experienced attorneys remains dedicated to fighting for the rights of their clients and maximizing their compensation. Whether it's a motor vehicle accident, workplace injury, medical malpractice, or any other personal injury matter, the firm's attorneys have a proven track record of obtaining favorable client outcomes.

"We are thrilled to announce the relocation of our San Antonio office," said James Michael Shaw, Managing Partner at Carabin Shaw - Accident Injury Lawyers. "This move represents our commitment to providing top-notch legal representation and support to our clients. The new office space allows us to enhance our services further and better accommodate the needs of those injured in accidents."

Carabin Shaw's new office location is easily accessible and conveniently situated [provide details about accessibility and nearby amenities]. Clients can expect the same professionalism, dedication, and personalized attention that Carabin Shaw has been known for during its thirty years of service to San Antonio.

As the firm settles into its new location, Carabin Shaw - Accident Injury Lawyers reaffirms its mission to provide compassionate and aggressive legal representation to those who have suffered injuries caused by the negligence of others. The firm remains committed to fighting for justice, holding responsible parties accountable, and obtaining fair compensation for their client's physical, emotional, and financial losses.

For further information about Carabin Shaw - Accident Injury Lawyers and their services, please visit or their office at 875 E Ashby Pl# 1100 San Antonio, Texas 78212.

About Carabin Shaw - Accident Injury Lawyers:
Carabin Shaw: Accident Injury Lawyers is a premier personal injury law firm serving clients in San Antonio and across Texas. With over [number] years of experience, their dedicated team of attorneys specializes in various personal injury cases, providing aggressive representation and personalized attention to each client. Carabin Shaw is committed to fighting for justice and ensuring that accident victims receive the compensation they deserve.

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Auto Accident Lawyers

Our experienced and proactive trial attorneys are skilled in investigating and prosecuting motor vehicle accident claims. We concentrate on serious injuries sustained in car, semi-truck, motorcycle, bus, and pedestrian accidents. Our attorneys are known for their aggressive, proactive litigation techniques and negotiating skills; as a result, they have successfully recovered millions of dollars in judgments and settlements for their clients.

Cases arising from motor vehicle accidents are the most common type of personal injury case in our court system today. Every 10 seconds, someone in the United States is involved in an automobile accident, according to the national highway traffic safety administration (NHTSA). The law of negligence usually governs these accident cases. Generally, people who operate automobiles must exercise "reasonable care. A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for harm to a person or property caused by his or her negligence. The injured person, known as the plaintiff, must prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. If you have been involved in a motor vehicle accident, do not hesitate to seek legal counsel from a personal injury attorney experienced in car accident cases to protect your interests best. More here

As with other types of accidents, figuring out who is at fault in a traffic crash is a matter of deciding who was negligent. Determining who is at fault can be complicated, and an experienced attorney will look to several sources, such as police reports, witnesses, and experienced accident reconstruction experts.

Courts look to several factors in determining whether a driver was negligent. These factors include, but are not limited to, the following:

disobeying traffic signs or signals
failing to use a turn signal
driving too fast
disregarding weather or traffic conditions
driving under the influence of drugs or alcohol
distracted driving

A driver may also be liable for an accident due to intentional or reckless conduct. A reckless driver drives unsafely, with "willful and wanton disregard" for the probability that such driving may cause an accident.

Traffic safety and law enforcement organizations are renewing efforts to identify and penalize aggressive drivers. The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:

speeding-exceeding the posted limit
driving too fast for conditions
improper or excessive lane changing
failing to signal intent
failing to see that movement can be made safely
improper passing-failing to signal intent
using an emergency lane to pass
passing on the shoulder.

Every 30 minutes, someone in this country dies in an alcohol-related crash. In a lawsuit arising from a drunk driving accident (in addition to the drunk driver being held liable for the injuries), a bar or club may be liable for damages if they served an intoxicated guest who drove and caused an accident. An experienced personal injury trial attorney can help you identify who might be responsible for your injuries, including people or businesses you may not have thought of.

Sometimes accidents are caused by factors unrelated to any particular driver's conduct. For example, an automobile accident may occur due to a defect in someone's car. In such a case, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. Other factors, such as poorly-maintained roads and malfunctioning traffic control signals, can also contribute to causing an accident. Improper design, maintenance, construction, signage, lighting, or other highway defects, including negligently placed trees, signs, and utility poles, can cause serious accidents. In these cases, government entities may be potential defendants in a lawsuit. For more information about your legal rights following an accident, contact our Law Firm to schedule a free consultation. Our attorneys and staff speak Spanish, English

This Blog is posted by The Bryan Woods Law Firm - Your San Antonio Construction Litigation Attorney

Bryan Woods Law Firm

1250 N.E. Loop 410, Suite 725
San Antonio, TX 78209
Phone: 210-824-3278
Fax: 210-824-3937

San Antonio Construction Defects - Street Collapse

Some of the more common problems on roadways and private roads include the following:

Street Collapse

A street collapse can be the result of a builder not taking into consideration the type of soil he is building on. Soil can be either expansive or collapsing, both of which will cause movement and the potential collapse of a street. This street collapse can also be caused by a nearby hill or mountain that has a mudslide or that has eroded land under or next to the street. A builder or developer needs to properly analyze the land where a street or roadway will be built before it is built. With this assessment, a builder will know what construction strategies to law


A sinkhole is caused by a collapse of a cavern roof. It is a natural indentation of the land surface that connects to a passage that is underground. These collapsed sinkholes can grow to be very deep and wide within hours and sometimes minutes. These are quite rare, however. Sinkholes generally occur in limestone. The damages a sinkhole can inflict on your property are serious. The problem never gets better, only worse. Some effects of sinkholes can include but are not limited to cracks in windows or doors, doors that are hard to close, deep separation of concrete walks, or sediment in your water.

Utility Failures (downed/broken lines)

Utility failures in downed or broken lines occur because of natural causes such as weather or by human negligence. When an underground line is broken it takes longer to detect and is extremely costly to repair. These utility failures with broken or downed lines can adversely affect a home or building by disrupting telecommunication services, cable services, or electrical services. As you can imagine, the damage caused by utility failures can be as simple as the loss of power for an hour causing minimal damages, to an extended loss of power causing personal injury and/or damage to personal items in the home.


Erosion occurs when material from the Earth is transported via stream flows, coastline, or hill slope. It is a gradual wearing away of the land. Factors such as wind or water can provide the force needed to start this erosion process. Erosion can affect the shaping of land surfaces or the quantity of material built upon the land surface. Water is one of the most significant natural factors in the process of erosion. Although a certain amount of erosion is natural, erosion is sometimes increased by poor construction actions and can be decreased by using proper techniques such as tree planting.

Landslides and Falling Rocks

Landslides and falling rocks can be described as a measurable plane of land that has slipped resulting in falling rocks. It can turn into a pretty steady flow as the block of land gains momentum down the slope. Steep slopes are susceptible to landslide occurrences, but they occur in almost any environment. They can be caused by an earthquake and by construction, specifically road construction. Falling rocks will result when the landslide moves the debris or soil that covered the rock. This exposes the rock allowing it to tumble along with the landslide or on its own time, sometimes after the landslide has occurred.

Damages from street collapse, sinkholes, utility failure (downed/broken lines), erosion, or landslides, and falling rocks to roadways and private roads can be serious. Without proper expertise regarding these defects, a resolution to these issues can be time-consuming and costly. Do not try to take care of these issues on your own. Contact an attorney in our office today to help you take the proper steps.