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Serious Injuries. Strong Lawyer. 214-932-1288 | ARMSTRONGLAWYER.COM | APRIL 2024
FROM BAR EXAMS AND BABY NAMES TO INJURY CLAIMS A Texas Lawyer’s Fight for Workers’ Rights
I remember imagining myself as my dad’s corporate lawyer when I was a kid, fighting for his business in court. I didn’t quite grasp what a lawyer was yet, but I felt a draw to the profession from an early age. The ability to help others and flex my love for writing, history, and government made law a perfect fit for me. Though I was certain law school was in my future, I took a different path than most. While studying in my undergrad program, I worked to pay my tuition. By the time I reached law school, I was already in my late 20s — old by the standards of most of my peers who had taken a more traditional route. I kickstarted law school with an engagement, marrying my beautiful wife the summer before my second year. While tirelessly studying for the bar exam — not an easy feat — I was also thinking of baby names. My daughter, now a senior in high school, was born just days before or after I received the news I would be a lawyer. I was a baby lawyer and a new husband with a newborn. Once I began doing casework, I covered everything under the sun, from car accidents to slip and falls. For about a decade, my litigation work brought me to almost all the major cities in the U.S. I don’t do quite as much traveling these days, but my wife and I try to fit in adventures whenever we can. I dreamed of opening my own firm. Everybody told me once you go out on your own, there will always be people who want to help you succeed. I was in the middle of several major cases with my firm that I couldn’t walk away from, and then a pandemic impacted the globe. Once my work wrapped up and life started getting back to normal post-pandemic, I decided I was not getting any younger. So, I opened Armstrong Law here in Dallas about two years ago.
Now, in my third year of owning my own firm, I have helped countless workers in Texas navigate the challenges of work-related injury claims made all the more complex by the state’s laws. Texas is the only state in the country that does not mandate that employers sign up for Workers’ Compensation. While companies can subscribe to traditional workers’ compensation, many opt not to. I pride myself on being an expert on nonsubscriber injury cases and being able to help the little guy who believes there’s nothing they can do if they are injured at one of Texas’ big-box chains. Companies will often use terms to confuse their employees during their injury claims at a time when they are very vulnerable. I’m the person they can turn to when they feel taken advantage of. It’s often a David vs. Goliath situation, and I’m here to ensure hard-working people get a fair fight. I was born and raised in Texas and love working with individuals and other lawyers in the community. When I’m not advocating for employees, I’m on the sidelines of my son’s varsity basketball games or cheering my daughter on in volleyball. Dallas is a bit of a concrete jungle, so my wife and I like to escape to the slopes of Colorado for some snowboarding and skiing and maybe some fly-fishing in a little stream — though I likely won’t catch anything.
As I envision the firm’s future, I know my niche is helping workers get the treatment and dollars they deserve when they are harmed or negatively impacted by an employer’s negligence. Many work-related injury claims here fizzle out because people don’t understand their rights. It’s my mission to change that. –Warren Armstrong
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A VISCOUS GAME FOR THE WHOLE FAMILY
The Rules Once you have your slime, have the participants sit in chairs arranged in a row just a few feet apart. Everyone should have something over their eyes (disposable masks work perfectly) and a wide bin in front of them. Make sure to have a lot of slime. It can be any color — but the more, the better.
Make memories and have fun passing the slime! What makes this game so great? You only need people, chairs, bins, and masks or eye coverings for an unforgettable experience. Slime is the latest and greatest fad among children, and it’s easy to see why: Its unique texture and bright colors keep kids engaged. How to Create Slime Before you can play, you have to make the slime. There are many approaches, but the simplest recipe requires only three ingredients. You can customize it with food coloring and scale up the ingredients for larger quantities.
The rules are simple, but they need some coordination.
1. The person in front starts things off with their bin filled with slime. 2. They pull their bin over their heads, attempting to spill its contents onto the bin in front of the person behind them (without looking to see where the bin actually is). 3. That person pulls their bin over their head similarly, and so on until the end of the line. Directing the slime is the messy part since participants are blindfolded. That’s how you play pass the slime! Hint: If it gets stuck in your hair, try coconut oil. While pass the slime is particularly unique and fun, it’s just one of many ways to play with slime. You can also make art, form bubbles, and more. Children are imaginative and constantly invent new and exhilarating slime activities. The family who slimes together stays together.
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8-ounce bottle of Elmer’s white school glue
Food coloring of choice
• 1 1/2–2 tablespoons of contact saline solution or lens cleaner (make sure it contains boric acid or sodium borate) • 1 tablespoon of baking soda To begin, mix the glue and food coloring into a bowl. Stir in 1 1/2 tablespoons of contact solution. If you want a thicker consistency, add another 1/2 tablespoon. Knead the slime. It will be liquid at first, but it’ll thicken as you work it. After a while, the concoction turns into slime.
INJURED ON THE JOB IN TEXAS? What You Need to Know About Nonsubscriber Companies
While you’re hard at work, you shouldn’t have to worry about what will happen next if you are injured on the job. In most states, legislation requires employers to provide benefits through workers’ compensation. However, Texas is unique; it is the only state where companies can opt out of the program. These companies are called nonsubscribers. When someone is harmed on the job, it is an incredibly vulnerable time, and understanding the nuances of workplace injuries can be overwhelming. However, you can seek compensation for your losses directly from these companies should you get hurt. Nonsubscribers In Texas, most nonsubscribers are big box companies like Amazon, Home Depot, Kroger, and Walmart. They don’t subscribe to workers’ compensation, and while some
nonsubscribers carry a different form of insurance, it does not provide the same benefits to injured employees. Typically, with personal injury claims, if a company is being sued because they caused an injury, the company is permitted to attempt to blame the injured person who filed the lawsuit. In nonsubscriber cases, however, the company is not allowed to blame the employee for their injuries or to terminate an employee who has sued them for damages. If a company is determined to be even 1% responsible for their employee’s harm, they are on the hook for 100% of the damages. Proving Negligence One of the main benefits of workers’ compensation is that it streamlines the process for individuals who are hurt at work. People injured at nonsubscriber companies
must do the legwork of filing a lawsuit against their company to seek payment for medical expenses, pain and suffering, and lost wages, but they are subject to personal injury laws, which require proving negligence of the employer. Some of the most common ways employers are found liable for their workers’ injuries are poor training, unsafe conditions, dangerous machinery, inadequate safety gear, or even the negligence of another co-worker. Many of the nonsubscribers in the state are large companies, but don’t be intimidated. Though your company may have led you to believe you don’t have any options, you can recoup your losses. Nonsubscriber claims have a success rate of less than half that of the state’s regular workers’ comp cases. So, it’s crucial to find a lawyer with expertise.
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214-932-1288
Denied Treatment, But Not Defeated How We Fought Back Against Employer’s Blame Game
Susan was unsure if she could bring a claim against her employer because they often used the term “workers’ compensation” as she went through her employer-referred medical providers for care and physical therapy. The company ultimately hired an orthopedic surgeon who said her back injury was not the result of a workplace incident but instead because of her weight, despite her gastric bypass surgery five years before, which reduced her weight during the time of the incident by about 150%. Her company refused to provide additional treatment, and she didn’t know what to do next. She had never experienced lower spine pain before the incident and was concerned about how this might impact her ability to care for her young autistic son. Susan ended up having surgery to fuse her lumbar spine at two levels after a spine surgeon in the ICU consulted with her. When she came to us, we were able to prove the company’s training on how to lift heavy objects was inadequate. Additionally, when hired, she indicated she wasn’t comfortable lifting heavy items, and they agreed to accommodate her. On the day of the incident, they ignored her fears and instructed her to do the work. As a nonsubscriber, the company had an arbitration agreement requiring claims against the employer to be arbitrated rather than litigated in state and federal court. These nonsubscriber cases can be confusing for employees dealing with an injury. We were able to help Susan navigate the process and resolve her case favorably to help pay for her past and future medical care, past and future physical impairment, and mental anguish. Now, she has the financial support to recover fully and enjoy more time with her child.
Sustaining an injury on the job can be an employee’s worst nightmare, creating the stress of lost wages while recovering. Though it’s the responsibility of companies to ensure a safe workplace, some Texas big-box employers opt out of workers’ compensation and prioritize staffing numbers over safety. This happened to Susan* when she informed her employer she hurt her back during her shift. Susan had been lifting heavy, oversized items while using a stepladder cart at work. Starting to experience severe back pain, she immediately alerted her boss to the injury. When she requested a break, her boss said they were short- staffed, and she was to complete her entire shift.
*Client’s name changed to protect their privacy.
TAKE A BREAK WE VALUE YOUR REFERRALS
Armstrong Law specializes in workers’ compensation cases for employees of businesses in Texas that do not have workers’ comp insurance. We understand the nuances of these cases and have the resources to take on large nonsubscriber employers in arbitration. To refer an injury case involving a nonsubscriber employer to our practice, call us at 214-932-1288 .
ARBOR ARIES
CHOCOLATE DAISY DIAMOND ENVIRONMENT
GARDEN KITE RAINBOW SHOWERS
BASEBALL CHERRIES
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12720 HILLCREST RD. STE. 615 | DALLAS, TX 75230 214-932-1288 | ARMSTRONGLAWYER.COM
INSIDE
1 The Story of Armstrong Law 2 How to Make and Play With Slime
Texas Workplace Injury Claims Explained 3 Texas Worker Wins After Severe Back Injury
We Value Your Referrals
Take a Break 4 The Sports World Is Booming in April!
5 Exciting Sporting Events in April
Football The 2024 football season doesn’t start until September, but the NFL Draft in April does more to shake up NFL rosters than any other time of year. From April 25–27, you can watch your favorite college stars take their first steps as a pro. Fans everywhere love to watch the spectacle and boo or cheer for their team’s picks. Baseball The Major League Baseball season kicks off in April, so every baseball fan’s schedule will be chock full of games for the next six months. Spring is also the best season for baseball: The weather is just right to watch a game live and maybe catch some early season home runs from the stands! Mixed Martial Arts The upcoming UFC 300 is sure to be a spectacle. Competitors from men’s and women’s divisions fight in the ring with all the expected thunder and ferocity. The fights will be held at the T-Mobile Arena in Las Vegas, Nevada, on April 13.
April is one of the most exciting months of the year for all kinds of sports fans! Whether you follow the hushed telecasts of PGA golf or the wild excitement of the UFC and NCAA men’s and women’s basketball, April has something to get excited about! Golf Golf enthusiasts are always excited for April as it hosts one of the year’s biggest golf tournaments: The Masters Tournament, from April 8-14. All the greats will compete for a sky-high prize in the warm Georgia sun, including Tiger Woods and Bubba Wattson. Basketball Stakes are high in April for college basketball — it’s time for the men’s and women’s Final Four! The chaos of March Madness is over, leading to a clash of titans. The women’s Final Four starts on Friday, April 5, with the championship game on Sunday in Cleveland, Ohio. The remaining four men’s teams face off on Saturday, Feb. 6, and the final two play for the championship Monday night, with all games in Glendale, Arizona.
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