Manuel Gonzales, PC

Common mistakes that can hurt a Texas longshore injury claim

2026-07-13T06:56:33Z

A longshore injury can turn life upside down. Lost wages, medical bills and an uncertain future can follow. The Longshore and Harbor Workers' Compensation Act (LHWCA) provides important benefits, but common mistakes can reduce or delay them. Knowing these common mistakes can help protect a claim and the benefits needed during recovery.

Missing a deadline can put benefits at risk

Missing a deadline can weaken an LHWCA injury claim. The law generally requires written injury notice within 30 days, and delays may give insurers a chance to challenge the claim. Early action also helps protect key evidence, such as witness accounts, reports and medical records. Prompt reporting and preserving evidence can strengthen a claim and reduce disputes later in the process.

Medical decisions that can affect an LHWCA claim

Medical choices can affect the outcome of an LHWCA claim. The right doctor and clear medical records help show the true effect of an injury. Missing doctor visits, stopping treatment or returning to work too soon may give insurers a reason to reduce benefits. An experienced attorney can help protect the claim and make sure the injury and its impact are fully recognized.

Financial mistakes that can reduce compensation payments

A wrong wage calculation can cost an injured longshore worker valuable benefits. Under the LHWCA, disability payments are tied to the worker’s Average Weekly Wage (AWW). A lower AWW means lower weekly compensation. Common mistakes that can reduce benefits include:

Using the wrong wage amount: The AWW should show the worker’s real earnings before the injury. The correct method may depend on the worker’s job history and work pattern.
Leaving out key income sources: Some wage calculations may miss overtime pay, shift differentials, bonuses and other maritime earnings that reflect the worker's actual earnings before the injury.
Accepting the insurer’s calculation without checking: Even a small AWW error can reduce weekly payments and lead to major losses over time.

A correct AWW calculation helps ensure fair compensation under the LHWCA. Careful review of wage records can prevent payment errors that may affect financial security during recovery.

Protecting the future after an injury

A longshore injury can affect far more than a worker's health. The choices made in the days that follow can shape the claim and the benefits available. Experienced legal guidance can help protect those rights and support a stronger path forward.

Deckhand safety: Cargo loading hazards and prevention

2026-07-12T10:39:04Z

Cargo loading is part of daily life if you work as a deckhand on a barge or another vessel. Your work keeps freight moving, but it also exposes you to significant hazards. Long shifts, changing weather and heavy equipment can quickly turn a routine task into a dangerous situation. Even experienced deckhands can be injured, when equipment fails or conditions change unexpectedly. Knowing where these hazards exist can help you recognize unsafe conditions before they become accidents. Understanding these risks is an important part of staying safe on the job.

Common causes of cargo loading injuries

Cargo loading accidents often happen when several hazards develop at the same time. Common causes include:

Shifting cargo
Falling objects
Crane or winch accidents
Slippery walking surfaces
Pinch points between cargo and equipment
Poor communication during loading

These incidents can result in broken bones, back injuries, head injuries or crush injuries. Some injuries require extensive medical treatment and lengthy rehabilitation before you can return to work. Recognizing these hazards also shows why consistent safety practices remain essential throughout every loading operation.

Safety practices can reduce risk

You can reduce your risk by following established loading procedures and remaining aware of your surroundings. Wear the required protective equipment. Stay clear of suspended loads. Report damaged equipment before work begins. Clear communication between you and your crew members also helps prevent misunderstandings during cargo operations. Even when workers follow proper safety procedures, serious accidents can still happen. When they do, federal maritime laws may provide important protections.

Federal protections for injured maritime workers

Safety remains the highest priority, yet the serious nature of the risks maritime workers face every day to keep the world moving cannot be ignored. When an accident occurs, the weight of a cargo-loading injury can feel overwhelming, but the worker does not have to carry that burden alone. Federal laws, including the Jones Act (46 U.S.C. § 30104), provide protections and tort remedies to injured deckhands, while land-based maritime workers who support loading operations from the dock are covered under the Longshore and Harbor Workers' Compensation Act. Every individual deserves to have their rights protected and their recovery supported after giving so much to such demanding, essential work.

Does sovereign immunity apply to auto accidents in Texas?

2026-06-23T07:43:17Z

A crash with a city bus, a police cruiser or a state-owned truck can feel like any other wreck on a Texas road. The process that follows, though, often looks noticeably different from a collision between two private drivers. Understanding how the state addresses this situation can help you know what your options are going forward.

What does sovereign immunity mean?

Sovereign immunity is a legal doctrine rooted in English common law. It prevents citizens from suing the government without its consent. In Texas, this protection extends to state agencies, municipalities, counties and school districts. Although related, sovereign and governmental immunity are distinct doctrines. Both limit lawsuits against public entities, but each applies to different levels of government and is subject to defined statutory waivers or specific common-law exceptions.

When does the law waive immunity for crashes?

The primary route for a vehicle case runs through the Texas Tort Claims Act. Under this law, a government entity can face liability for property damage, personal injury or death arising from an employee's use of a motor-driven vehicle. The employee must have been acting within the scope of their job at the time, and they must be someone who would have been liable under state law as a private citizen.

Which limits apply to a government case?

Even when the waiver applies and you can pursue compensation, the state limits what you can recover. Claims against the state and municipalities are capped at $250,000 per person and $500,000 per occurrence. Other governmental units face lower caps of $100,000 per person and $300,000 per occurrence. Punitive or exemplary damages are not available in any claim filed under the tort claims law. The waiver also does not cover intentional torts like assault or battery, which remain outside the scope of the statute. Other categories of government conduct fall outside the waiver as well. If a government employee was responding to an emergency call at the time of the accident, the entity is generally not liable unless the employee acted with conscious indifference or reckless disregard for public safety.

How do you file a claim?

Before pursuing a lawsuit against a government entity, you must file a formal written notice of your claim. The state requires this notice within six months of the incident. While counties are bound by the state deadline, cities may set even shorter deadlines—sometimes as short as 45 or even 30 days—depending on local charter provisions. The notice must include the date, location and circumstances of the accident along with a description of your injuries and damages. Missing the deadline or leaving out required details can result in losing the right to file the claim. Texas law also includes an election-of-remedies rule that affects how you proceed. Filing against the individual government employee may bar you from later pursuing the entity itself.

3 deadly job risks for longshoremen

2026-06-20T14:12:38Z

Longshoremen work at harbors, helping to load and unload freight vessels. Their jobs require that they work outdoors in even the worst weather conditions. There are many risks for longshoremen and harbor workers, some of which may put their lives in danger. According to federal workplace safety statistics, there are three specific dangers that account for a significant percentage of longshoreman workplace fatalities. What job hazards are the most likely to cause fatal injuries for those staffing harbors?

1. Vehicle incidents

Collisions with vehicles in low-visibility conditions or due to slippery surfaces are the top-reported cause of longshoreman fatalities on the job. Numerous vehicles may enter a harbor to drop off items for shipping or retrieve delivered merchandise. Vehicle incidents are the top cause of longshoreman fatalities and are also a leading cause of severe injuries.

2. Falls and drownings

Harbor workers often perform their jobs in precarious locations where they are one step away from going into the water. Falls can be deadly on their own if the worker is high enough when they fall. They can also lead to drowning incidents if a longshoreman goes into the water.

3. Struck-by incidents

Cargo can become imbalanced and unstable due to shifting that occurs during transit or inclement weather. Struck-by incidents where items fall and hit workers are the third leading cause of longshoreman workplace fatalities. Many other types of incidents can leave harbor workers unable to perform job functions and in need of compensation too. Regardless of the particulars of a tragedy, however, grieving families and injured professionals often need support when pursuing a maritime injury claim, and that’s okay. Working with an attorney familiar with this niche area of law is often important for a financial recovery after an incident at a harbor.

3 classifications for burn injuries

2026-06-15T13:50:11Z

Burn injuries are incredibly serious, and not just because of the extreme pain and suffering they can cause when they happen. They can also lead to long-term scarring, disfigurement and even mobility issues. One key concern, from a medical standpoint, is how a particular burn is classified. There are three typical stages, which help to outline the medical care a person will need and the long-term impact of their burn injury.

First-degree burns

First-degree burns are more superficial, like a sunburn. The epidermis is damaged and it may be red and painful, but there are not any blisters. This level of burn will typically heal with time and should not cause any long-term issues for an injured person.

Second-degree burns

With a second-degree burn, both the epidermis and the dermis can be affected. This is when blisters and swelling can set in. A second-degree burn is often much more painful and may require medical treatment, such as ointment or pain medication.

Third-degree burns

The most serious are third-degree burns, which destroy the skin entirely and can damage tissues below. This includes muscles, tendons, ligaments, nerves and even bones, in severe cases. Third-degree burns are very likely to result in long-term scarring and may require extensive medical intervention, such as surgery and skin grafts. They’re more likely to cause life-long disfigurement or disability.

Seeking compensation

Have you suffered burn injuries due to someone else's negligence, such as a serious car accident? If so, you need to know how to seek financial compensation for pain and suffering, medical expenses, lost wages and other damages. Connecting with a legal professional is an effective way to get started.

What are the leading causes of serious ladder fall injuries?

2026-06-01T16:25:20Z

Ladders (at least in some form) have probably been around longer than most of the tools and equipment that workers use today. While there have certainly been safety improvements in ladders over the years, they can still be exceptionally dangerous – especially tall ladders that reach to upper levels of buildings. The National Institute for Occupational Safety and Health (NIOSH) reported that in 2020, almost 23,000 workers were injured in ladder-related workplace accidents. Over 5,000 of those workers were involved in construction or extraction. That year, 161 workers died in falls from ladders.

Employers’ responsibilities for ladder safety

Employers have a responsibility to ensure that their ladders are safe and well-maintained. A single defect or bit of damage can make a ladder dangerous. Ladders need to be regularly inspected for damage and wear. Employers also have a duty to ensure that employees are properly trained in safe ladder use and that safety protocols are always followed. Employees also play a role in protecting their own safety and that of their co-workers. It can help to know a bit about other leading causes of workplace ladder falls.

Placing the ladder at the wrong angle

The recommended placement for a ladder is 75 degrees from the ground. For those who weren’t geometry whizzes back in school, an easier way to measure this is called the “4-foot rule.” Specifically, for every four feet of height, the ladder should be one foot away from the wall or other support. Some 40% of ladder injuries result from an improper angle – usually one that is too steep.

Using the wrong size or duty rating

If a ladder isn’t the correct size (including height) and doesn’t have the correct duty rating for what it’s being used for, the person on it could lack stability. For example, if a worker on a ladder still has to stand on their toes (and maybe have to overextend their arm) to reach something or bend their knees because the ladder is too short, they increase their chances of falling. Whether a fall was caused by a defective or broken ladder, lack of employer safety protocols or even worker negligence, it’s crucial for those injured in workplace ladder falls and surviving loved ones of those killed to know their options are for obtaining compensation for medical treatment and other expenses and damages. Getting experienced legal guidance is the best first step.

Workplace heat illness risks for employees in Texas

2026-05-19T00:06:46Z

Texas is hot in the summer, meaning workers face extreme heat during long shifts, particularly in outdoor and high‑temperature environments. A heat-related illness can lead to sudden medical issues that place you at risk. If you are wondering if workers' compensation covers heat illnesses, it is time to learn more.

How heat illness develops on the job

Heat illnesses occur when the body can no longer cool itself in high temperatures or during physical activity. Risks increase when workers perform heavy tasks, wear protective gear or lack access to shade and water. Industries such as construction, refinery operations, landscaping and warehouse work pose these hazards, sometimes throughout the entire year. Employers must take reasonable steps to reduce the danger and provide safe working conditions.

Warning signs to watch for

Recognizing the early symptoms can prevent a serious medical emergency.

Dizziness or lightheadedness during physical activity
Nausea or vomiting after heat exposure
Muscle cramps during or after strenuous tasks
Confusion or difficulty concentrating

Symptoms like these signal that the body is overheating and needs immediate attention.

Wise steps after a heat‑related incident

Taking the right steps safeguards your health and supports a workers' compensation claim.

Report the incident to a supervisor immediately
Seek medical care and follow all instructions
Document symptoms and work conditions
Keep copies of medical records and work restrictions

Taking these actions can provide a clear record of the incident and strengthen your access to benefits. Texas workers' compensation may provide medical care and wage replacement for employees who suffer heat illness on the job. This helps ease financial strain and support recovery. A knowledgeable legal representative can explain deadlines, documentation requirements and potential benefits to help you move forward with confidence.

Could a car accident cause PTSD?

2026-05-04T14:33:01Z

Those who have been injured in car accidents often develop post-traumatic stress disorder. In fact, some reports identify car accidents as one of the most common causes of PTSD in the general American population. Traditionally, PTSD has often been linked to those who experience extraordinary circumstances, such as people who survive natural disasters or military members who experience combat. But for the average American, it is unlikely that they will be involved in either of these scenarios. Car accidents, therefore, are one of the most common traumatic events people experience, and that can certainly trigger PTSD. The severity of the crash can play a role. Someone may be more likely to experience PTSD if they suffer serious injuries or if another person passes away in the accident, for example. However, any crash can be a sudden and unexpected event that can have a lasting psychological and emotional impact.

What symptoms do people experience?

PTSD is different from one person to the next, so the symptoms can vary. But some common examples include:

Flashbacks
Nightmares
Avoidance behavior
Depression
Anxiety

Not only can these things affect how a person feels on a day-to-day basis, but they can also be very limiting. A person who has been involved in a serious accident may then be afraid to drive, for example, which could put their entire career in jeopardy and limit their daily transportation options.

Seeking financial compensation

It is important to consider all of the ways that a car accident has affected you if you were involved in that crash due to someone else’s negligence. It can help to work with an experienced attorney to look into your options to seek financial compensation for medical bills, lost wages and other damages.

Can I file a claim for hearing loss after working with loud tools?

2026-04-22T09:20:46Z

If you work in trades like heating, ventilation, and air conditioning (HVAC), carpentry or oil field work in Houston, loud noise is part of the job. Over time, that daily exposure can quietly damage your hearing without warning. You might not notice the problem until it becomes serious. But gradual hearing loss can still qualify for a workers' compensation claim, even without a single accident on record.

What is occupational deafness?

That raises an important question, what exactly counts as occupational deafness? Long-term exposure to loud noise at work often causes occupational deafness. It develops slowly after years of working with drills, compressors and heavy machinery. Under Texas workers' compensation law, it falls under the same category as a repetitive stress injury. That means you do not need a single defining moment to qualify for compensation. In fact, if your job regularly exposed you to harmful noise levels, you may already have a valid claim.

Which benefits can you claim?

Now that you know occupational deafness qualifies as a work-related injury, the next step is understanding what you can receive. Here are the three main benefits:

Medical benefits: Workers' compensation pays for hearing tests, doctor visits and necessary treatment related to your hearing loss.
Income benefits: If your hearing loss limits your ability to work, you may receive partial wage replacement while you recover.
Retraining benefits: If you can no longer perform your current job, workers' compensation can also help fund training for a new career.

Therefore, these benefits can provide real financial relief. This is why knowing your rights and benefits is important, but acting within the required deadlines matters just as much.

Critical deadlines you need to know

Texas law sets strict deadlines for filing a workers' compensation claim, and missing them could cost you your benefits. Here are the two key dates to keep in mind:

The 30-day notice: Notify your employer within 30 days of learning your hearing loss is work-related or you risk losing your right to file.
The one-year rule: You have one year to file your claim with the Texas Department of Insurance, after which your claim may no longer be valid.

Meeting these deadlines protects your right to compensation. Once you have a clear picture of your benefits and your deadlines, the next step is making sure you have the support you need to move forward.

Protect what you’ve worked hard to build

No matter where you are in this process, your hearing and your livelihood both deserve protection. Texas workers' compensation law exists to support workers like you, but the process can feel overwhelming at first. However, with the right guidance and support, you can make sense of your options and take steps that protect both your health and your future.

Can you recover for emotional loss in a wrongful death claim?

2026-04-15T14:25:58Z

The loss of a loved one is deeply personal and emotional. In addition to the financial hardship, families are often left grieving the absence of companionship, shared experiences and the guidance they provided. The law recognizes these profound losses, and in some wrongful death claims, certain surviving family members can recover damages for emotional harm.

The different types of emotional loss

Only specific family members are eligible to bring a wrongful death claim, including:

The surviving spouse
Children
Parents of the deceased

In addition to financial losses, Texas law also allows recovery for non-economic damages, intended to compensate for emotional and relational losses. These may include:

Mental anguish: The emotional pain, grief and suffering caused by the loss of a loved one. Mental anguish can include feelings of depression, anxiety and the overall emotional toll of the death.
Loss of companionship and society: This refers to the loss of positive benefits that come from a close family relationship. For spouses, this can include the loss of a life partner and the love, comfort, companionship and emotional support they provided. For children, it may be the loss of their parents’ presence and nurturing.
Loss of parental guidance: Texas courts recognize the role a parent plays in a child’s development and allow children to recover for the loss of a parent’s advice, education and moral guidance.
Loss of consortium: In cases involving a spouse, it refers to the loss of the marital relationship.

Unlike medical bills or lost wages, emotional losses don’t have clear numerical values. Instead, courts consider a variety of factors, such as:

The role the deceased played in the family
The nature and closeness of the relationship
Testimony from family members, friends, spiritual advisors or mental health professionals

Emotional loss is often the most significant impact of losing a loved one. Money can’t replace the love, companionship and guidance the deceased provided. But the wrongful death law provides a way for families to have those losses recognized.