Worker comp

Workers Compensation – Defending Nonsubscribers

This Blog was brought to you by the J.A. Davis & Associates, LLP – Workers Compensation Specialists in McAllen principal office in San Antonio

Defending Nonsubscribers

Texas Department of Insurance, Department of Workers Compensation
Texas employers have been opting out of Worker’s Compensation insurance in growing numbers in the past two decades to avoid the program’s high costs.

There are a lot of factors that go into the decision to be a nonsubscriber. How big is the company? What is their loss record? What are their comp premiums? Is it going to be a cost-saving measure from year to year? That just scratches the surface. There are so many questions, and there isn’t a cookie-cutter answer. More Information here
The big issue is how comfortable the employer is with allowing a jury to determine negligence.

Typically in a civil lawsuit, comparative liability deems that a Defendant can be held proportionately liable for a Plaintiff’s damages. If a jury finds a Plaintiff is thirty percent at fault, Defendant pays seventy percent of the damages. In Texas, if a Plaintiff is found to be fifty-one percent at fault, then Defendant pays no damages.

However, in nonsubscriber cases, if a jury finds a Defendant to be even one percent at fault, that Defendant is one hundred percent liable. Add to that the fact that the employer cannot show evidence that the employee was negligent or that the employee knew the risks and voluntarily proceeded. Nonsubscribers face a difficult challenge in the courtroom.

What’s key to being a nonsubscriber is having an attorney who is experienced in dealing with these limitations. Our Law Firm has found that many attorneys, unaccustomed to the critical differences, fail to grasp nonsubscribers’ intricacies.

Rather than try to spread liability, the defense must look to what the employer did by training, supervision, providing safety equipment, and providing a safe environment so that the one-percent threshold can be defused by showing how reasonably the employer acted. If the employer can show that it took reasonable steps and nothing it did or failed to do caused the accident. The fact that an employee was injured is not an indication of negligence. To that end, your approach to the case must be a little different.

The differences in handling nonsubscriber lawsuits may be subtle, such as refocusing questions in discovery or depositions, but an employer’s attorney must understand those differences. Our Law Firm has the necessary experience.

Our Law Firm has handled nonsubscriber cases for fifteen years and has worked with various employers. We are familiar with the nuances of nonsubscriber cases, how to evaluate them, and prepare them for trial.

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Carabin Shaw – Accident Injury Lawyers – Moving Announcement

Press Release

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

San Antonio, [August 5th 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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This Blog was brought to you by the Traffic Ticket Lawyer San Antonio Gordon Slade 210-820-3033


It is the law that all drivers in Texas must be insured to take full financial responsibility in case of a motor vehicle accident. If the police stop a driver, he must prove that the driver is indeed covered. The individual must be insured whether the vehicle belongs to the driver. If evidence of insurance cannot be provided, the driver will be penalized for driving without insurance. In addition, a ticket for the reason you were stopped. In Texas, that can be severe, starting with a first-offense fine of $175 to $350 and increased insurance premiums. If you’re caught driving without insurance in Texas more than once, you’ll have to pay fines between $350 and $1,000. Your car might be impounded, too.

Looking to Fight the Insurance Infraction
If you have insurance, you or an attorney can appear in court to fight the infraction fee, and your charge might decrease to paying an administrative fee of 25$ or have the order canceled. If you don’t have insurance, it would be best to hire an experienced attorney to fight the no insurance and the initial charges. Unless you are taken to court and considered a habitual offender, you won’t receive jail time for this traffic violation.

Out-of-State Registration
When you drive a vehicle in Texas registered in another state, you need to carry the type of insurance required by that state, and you must be able to provide documented proof that you are insured to law enforcement if requested. If pleading guilty, this may lead to a suspension of your license, but fortunately, there are ways to avoid this. It would be best to consult your attorney to determine which course of action would work to your advantage. Choose a law firm and a lawyer who is familiar with the area you received the traffic ticket. This increases your chances of fighting off this charge because the lawyer might know some defenses or municipal laws about that area. In this case, getting in touch with a lawyer as soon as possible is crucial to ensure your rights are presented. The more time the lawyer has, the better the chances that he or she will build a stronger case for your defense.

Please note that any documentation related to your uninsured driving will be updated in your driving record. It is by far the most critical variable. Although most people don’t realize it, your driving record is precious as it is one of the most important factors considered by the insurance company when determining your premium. Any minor infractions or convictions can show up on your driving record and affect your insurance and another aspect of your personal life. The Texas Department of Transportation is an excellent resource for additional information on traffic violations related to a revoked or suspended license. When such a situation occurs, you don’t have to fight it alone. A team of experienced lawyers is ready to represent you in your defense, protect your rights and bring justice to your side. You don’t have to face the consequences handed to you by law enforcement, so why let it affect your everyday life? It is essential to act fast, for delaying this process can lead to further legal and financial complications.

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San Antonio Fatal Boating Accident Attorneys:

San Antonio Fatal Boating Accident Attorneys:

Do you have a loved one who has been involved in a fatal boating accident in San Antonio, Texas? our firm is here to aid you through this difficult time.

Fatal boating accidents can occur in many different types of situations. We have recently been hired by a family of a deceased man who was boating and fell out of the boat and ultimately drowned. The man had rented the boat. Our firm has been investigating the circumstances of the accident in an effort to determine exactly what happened. We were able to locate crucial witnesses and obtain their statements, take photos, inspect the boat, and obtain other important information in order to pursue a successful case.accident injury lawyers

Accidents occur at many locations with regard to boating accidents such as on barges, boat docks, on retaining walls, in the water, and other locations. Another cause of boating accidents is overcrowding of the boat.

Alcohol – One leading cause of boating accidents

Alcohol is often the cause of a boating accident. There are strict state and local laws restricting the account of alcohol a person can drink while operating a boat. Operating a boat under the influence of alcohol is as dangerous as operating a motor vehicle while under the influence. Texas Parks and Wildlife issues licenses and certifications relating to the safe operation of boats, jet skis, and all other watercraft. What does our firm do in the event of a fatal boating accident?

Boating accidents are no different than auto accidents or 18 wheeler accidents in terms of the basic cause of action and negligence. The deceased family, through the assistance of one of our attorneys, would need to prove duty, breach, cause, and harm.

The damages available to the deceased family would be controlled by the Texas Wrongful Death Statute and the Texas Survival Statute. Please see the Texas Civil Practice and Remedies Code and our pages relating to “wrongful death”.

The claimants in wrongful death cases are the deceased parents, wife, and children. Siblings and grandparents do not have a cause of action. The Statute of Limitations in negligence cases in Texas is two (2) years, but for a few exceptions. One exception pertains to minors. The minor’s cause of action does not begin to run until he or she turns 18.

It is beneficial to hire our firm’s fatal boat accident lawyers in these types of cases because of the extensive amount of experience we have representing the families of the deceased in negligence cases. We have been practicing law in the State of Texas for the past 20 years and specifically in negligence cases. A wrongful death case involving a boating accident requires a thorough investigation and a “bulldog” type of approach to obtain a successful result.

Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us

Successes Legal Disclaimer

The personal injury attorneys of our Law Office have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other website. Furthermore, laws and statutes change on a regular basis, and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

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