Hispanic Worker Job-Related deaths saw increase

The number of contractors and Hispanic workers who died on the job increased in 2013 even as the overall tally of worker deaths declined, according to preliminary data released Thursday by the U.S. Bureau of Labor Statistics.

In all, 4,405 workers died from injuries sustained on the job last year — 223 fewer than the BLS reported in 2012. That equates to a rate of roughly 3.2 deaths for every 100,000 full-time equivalent workers, down slightly from 2012.

The new tranche of data came on the same day that the Occupational Safety and Health Administration released a final revised rule requiring employers to notify OSHA within eight hours if an employee dies and within 24 hours when an employee is hospitalized, suffers an amputation or loses an eye. Previously, employers were only required to report deaths and the hospitalization of three or more employees.

“Forty-four hundred five on-the-job deaths is 4,405 too many,” David Michaels, assistant secretary of labor for occupational safety and health, said on a conference call with reporters. “We can and must do better.” Read More

Injury Law: Will You Get More Money if You Settle By Yourself?

 

I am a board certified personal injury specialist. I have devoted my entire legal career to representing individuals and families who have suffered a tragic loss, either a life-changing injury or the death of a loved one, because of the negligence of someone else. After trying numerous cases in front of juries and judges, and being entrusted with hundreds of my clients’ caes over the years, I feel confident in answering this: no.

Why?

The insurance companies representing people and businesses that have been careless, reckless and/or negligent have been trained in negotiation, claims handling, and how to get the best deal that he/she can for the insurance company. In other words, adjusters are paid to save the insurance company money, not to take care of you or your family. They do this very well, and the insurance companies’ profits are proof of this. The bottom line is that insurance companies are billion dollar companies, and they got there by making the best deals for themselves, not for you, the injured person. Insurance companies and their employees are specifically trained to know how get away with paying as little as possible to take care of you and your family, why not have someone in your corner who knows how to make sure that the insurance companies are covering all of your harms and losses? Why not have someone who will present evidence and proof of all of your harms and losses, with the goal of making you 100% whole again? Read More

Rachel Montes on Depositions: Use and Benefits

We at Montes Law Group, PC are trial lawyers. We hold 3 Board Certifications between us, which means all of our attorneys have tried numerous cases to a jury, passed a rigorous test, and received the praise of fellow colleagues and judges we have practiced in front of.

A deposition is the best way to evaluate the strengths and weaknesses of both your case, as well as your opponent’s case. It also enables you to gauge your adversary. Often, an adversary who conducts himself poorly at deposition, will exhibit the same poor behavior at trial.

Other discovery devices are available which will help gather information and evidence about your case, such as written discovery, comprised of interrogatories, requests for production of documents and things, and requests for admission, none is so valuable as the deposition.

Oral depositions give you the chance to realize the nature and degree of the deponent’s knowledge. Depositions should always be taken with trial in mind, as though a jury were present. Taking a witness’ deposition will serve to put you on notice of the testimony which can be expected at trial. On occasion, a deponent will be unavailable to testify at trial, and the use of a deposition will effectively preserve that testimony and be useful at trial. Similarly, exhibits which have been marked at deposition, along with transcript testimony, are very effective cross-examination devices. Read More

Check out this news story from Houston news KHOU-TV. Cops allegedly cheat the system

A Houston police officer handed another man a speeding ticket and probably didn’t realize that the offender he was citing was also a cop. What this ticket-receiving officer noticed on his paper slip though has led to a department-wide investigation.

Montes Law Group

“I immediately [knew] that something’s hinky with the ticket,” the man KHOU-TV only identified as Jerry said. “There was no other officer, he was the only officer there.”

The ticket, however, listed another officer as an additional witness.

KHOU launched an investigation into Jerry’s claims and uncovered an alleged “ticket-rigging scheme,” where cops listed on tickets who were not actually present at the time of the offense were cashing in on overtime when they appeared in court later.

The Houston Police Department is conducting its own internal investigation into the issue, putting three officers — Gregory Rosa, Robert Manzanales and John Garcia — on desk jobs during this time.

KHOU reported that a fourth officer identified as Rudolph Farias, who was also being investigated, committed suicide earlier this week in a police parking garage. The 51-year-old was on the force for 21 years and, according to KHOU, made $158,000 in overtime within the past three years. How much of that could be due to falsely reported tickets is unknown at this time. Read More

Farmers Insurance leads the industry in consumer complaints | Dallas, Texas Personal Injury Attorney Blog

By Montes Law Group, LLP on Monday, November 7, 2011

Maybe Farmers needs to send its staff and its lawyers back to Farmers University to learn how to be fair.  A new report is very telling about how Farmers treats its insureds.  Insurance companies are paid huge amounts of money in premiums to protect us.  Insurance giants like Farmers advertise and spend millions, if not bilions, of dollars getting hard working people to buy their product, promising good service, and fair treatment.  In fact, insurance companies like Farmers Insurance have certain duties to their own insureds to treat them fairly, and pay claims that are made by and against policy holders.  A new study has established that Farmers Insurance, the state’s 3rd largest insurer, has received more complaints about its handling of homeowner claims than any other insurer in Texas.

What does this translate to?  Well, Farmers Insurance received 207 complaints from Oct. 1, 2010, to Sept. 30, 2011, according to Austin-based Texas Watch, which obtained complaint data from state regulators.  How does this compare with other big insurance companies?  State Farm, which has the largest market share in Texas, had 198 complaints, and Allstate, another of the “big 3” had 159.  Allstate is the second-largest home insurance company in the state.

This data unmistakably measures companies stack up against each other.  Of note, the data do not include complaints about coverage or premium issues, but those dealing with payment delays, underpayments, denials and other matters pertaining to how claims are handled.  This amounts to the basic element of fairness.  A hard working person sends their premium money in to Farmers, Farmers cashes the check, and these people contend Farmers never held up their end of the bargain.

If you have been treated unfairly by Farmers Insurance or any other insurance company, hire a lawyer to fight for what you paid premiums for, fairness and respect.  At the Montes Law Group, we help people.

Rachel E. Montes, named Texas Superlawyer, D Magazine Best Lawyers, graduate of the Trial Lawyers College

Man Killed by Dart Bus | Dallas, Texas Personal Injury Attorney Blog

Man Killed by Dart Bus

By Rachel E. Montes posted in Bus Accidents on Thursday, January 20, 2011

dart-bus-cop.jpg

Our thoughts and prayers go out to the family of a young man who was struck and killed by a Dart bus in downtown Dallas.  Apparently, the man had just exited a bus earlier that morning, and had crossed a driveway near the intersection of Griffin and San Jacinto in the West End, when he was struck by a second bus.

The man was wearing a hoodie and DART officials speculate that may have prevented the man from seeing the second bus.

The man, whose identity has not yet been released, was transported to Parkland Hospital in Dallas where he later died.

The city bus companies serving Dallas/Fort Worth and nearby communities have a legal responsibility to ensure safe and secure conditions for their riders. Assault injuries resulting from insufficient security and traffic collisions caused by improper driving techniques, distracted drivers and even intoxicated riders and drivers can result in serious injuries and death.

If you have been injured while riding a bus, getting on or off a bus, or waiting at a bus stop or terminal, you may be entitled to seek full and fair money damages for the full extent of your pain, medical treatment and financial losses.

We are ready to help.  Call us.  Rachel E. Montes, Best Personal Injury/Wrongful Death lawyer D Magazine, Texas Superlawyers