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News Wrongful Termination, Workers' Compensation and Work Injuries

​El Paso, Texas construction workers and the dangers they face in the workplace

Written by Mr. Roger Davie on Thursday, 30 Jul 2015.

El Paso, Texas construction workers and the dangers they face in the workplace There is some level of risk of suffering occupational injuries and illnesses in nearly every profession and field throughout Texas, and New Mexico. For some, however, the danger may be greater. According to the Occupational Safety and Health Administration, or OSHA, the construction industry has a higher average fatal injury rate than that of all other industries. This is because of the hazards that constr [read more]

You have been terminated what happens to the child support payment?

Written by Mr. Roger Davie on Wednesday, 29 Jul 2015.

As an unemployment insurance attorney in El Paso, Texas I have many clients who are fired, terminated or laid-off and are forced to apply for Texas Unemployment benefits from the Texas Workforce Commission.  The question that many ask is how does this effect my child support?  The law in Texas is clear that unless you get your Child Support is lowered by a court order you have a continued obligation to pay your child support.  The Texas Workforce Commission will withhold [read more]

If I quit my job can I still get Texas Unemployment Benefits?

Written by Mr. Roger Davie on Monday, 27 Jul 2015.

If I quit my job can I still get Texas unemployment? The scenario is always the same; your employer tells you things are not working out and that it would be better if you resign instead of being terminated. “it will look better on your record”. So what should you do? As most employees know if you quit your job you are usually unable to get unemployment benefits; but this is not always the case. In fact, the Texas Workforce Commission specifically states that you if you are given [read more]

You have been injured at work and your benefits are denied. How can you appeal that decision if your employer has its own Occupational Injury Plan. (How to Appeal a Denial of Benefits)

Written by Mr. Roger Davie on Thursday, 23 Jul 2015.

If your company does not carry Texas Workers' Compensation but has its own occupational injury plan to cover work injuries then that plan is covered by the Employment Retirement Insurance and Security ACt (ERISA). This is a federal law that it supposed to regulate these plans to protect injured workers' from your companies denial of benefits. However, this law has been interpreted by Federal Courts so as to actually protect your employer to help them deny your claims for benefits. I [read more]

I was injured at work but I am being denied benefits. How can that be?

Written by Mr. Roger Davie on Wednesday, 15 Jul 2015.

The situation is always the same. A client comes to see me and says "I was hurt at work; I just received a letter from my employers’ insurance company and they say that my benefits are being denied because the injury is the result of a preexisting condition (or arthritis) or it states that you're not really injured or that your injury did not occur at work. These denial letters usually state that an out of town doctor (usually from Dallas, Houston or San Antonio) reviewed your medica [read more]

If your employer does not have Texas Workers Comp what must they do.

Written by Mr. Roger Davie on Monday, 13 Jul 2015.

EMPLOYERS MUST: Notify the State they do or do not have coverage Notify the State when they terminate coverage Post notices, with exact wording, in the work place Notify new employees of the absence of coverage Notify existing employees of coverage termination Notify employees how to file claim If your El Paso, Texas employer fails to post proper notices regarding coverage does that benefit you?  No, they simply face fines by the state (which can be considerabl [read more]

Ever heard of the Genetic Information Nondiscrimination Act?

Written by Mr. Roger Davie on Monday, 29 Jun 2015.

Ever heard of the Genetic Information Nondiscrimination Act? Well you should. A Federal Jury awarded an employee 2.25 million dollars for a violation of the Act. GINA prohibits discrimination against healthy individuals for employment decisions or health insurance purposes on the basis of genetic information alone; it also prevents employers and insurance providers from demanding or using information from genetic tests. A federal court awarded massive damages to two warehouse emplo [read more]

Nurses and nursing assistants suffer more debilitating lifting injuries than any other occupation

Written by Mr. Roger Davie on Friday, 26 Jun 2015.

Nurses and nursing assistants suffer more debilitating lifting injuries than any other occupation, and those injuries are caused mainly by moving and lifting patients. We often see nursing home employees who are seriously injured while lifting patients. The Occupation Safety and Health Administration (OSHA) is launching an investigation of medical faciliies to make sure that these facilities are keeping a safe working enviornment so that these employees don't get injured. These injuries [read more]

Finally some relief for employees of medical facilities who are injured on the job.

Written by Mr. Roger Davie on Tuesday, 23 Jun 2015.

Do you work for a nursing home, hospital or some other medical facility? If you do the odds are that your employer does not carry Texas Workers' Compensation Insurance. They probably have their own work injury plan that limits the amount of medical care and the treatment options available to you if you are injured on the job. The law in Texas has always allowed these employers to carry their own work injury plans (or no coverage at all) but if they did have their own plans they were [read more]

Supreme Court reverses 10th Cir. 10th Cir Rules that Abercrombie & Fitch can refuse to hire Muslim woman who insist on wearing headscarfs

Written by Mr. Roger Davie on Monday, 01 Jun 2015.

Update:  The US Supreme Court reverses the below decision and holds that Abercrombie & Fitch's refusal to hire Muslim woman who wears a headscarve is a violation of Title VII religious discrimination.  This is a victory for the religious rights of workers in Las Cruces, New Mexico and El Paso, Texas.  While the original decision came out of the 10th Cir (which covers New, Mexico and Las Cruces) it now applies to all Circuit Courts including the 5th Circuit which cover [read more]