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Workers Defense Project Protest Workers Comp in Austin

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People from the Workers Defense Project protested Gables Residential, an apartment developer, in February claiming workers compensation issues with not getting paid their due overtime.  WDP reported that there has been at least $130,000 in wage theft since 2008 by the company.  They also claim that Gables has put workers at risk by violating city safety ordinances and required rest and water breaks.   Additionally Gables has been working with a contractor that had three workplace deaths in 2009.  These complaints combined make an unsafe and unfair environment for the Texas workers employed by the builder.

Wage theft is a serious concern for workers due to several reasons.  Not only does it impact their paycheck today but it may decrease their workers compensation benefits in the event of an injury.  In Texas, workers comp benefits are calculated using an average of your recent past wages.   If pay his deducted from your check or you are paid a portion of your earnings under the table it will hurt you in the event of an injury.  In other words your Texas work comp check could be lower than it should due to your employers payment practices.

This is especially important in a high risk industry like construction.  Texas has been labeled the deadliest state for construction workers.  Around 700 on the job deaths occurred in the construction industry between 2007 and 2012 in Texas alone.  This is a frightening statistic for workers and their families.  If injured workers, or those killed on the job, are not getting paid on official payroll there family is going to have a difficult time getting workers compensation payments.  A study completed by the University of Texas and WDP found that half of all Texas construction workers were undocumented with 55% experiencing payroll fraud and 25% experiencing wage theft.  With Texas being a dangerous state for construction workers these illegal business practices are putting workers at an increase risk of not receiving any workers comp benefits when injured.  To put this in perspective 55% equals 300,000 construction workers that are not reported on payroll.  Not only are these businesses putting workers at risk, they are in essence stealing from the state by not paying taxes or unemployment insurance for these workers.  Regular, tax paying citizens are among those that suffer.

Of the workers that have filed complaints against Gables Heriberto Mendoza said, “I’ve worked in construction for 10 years, and I have never seen worse conditions than on Gables Park Tower.”  Mendoza has filed a lien against the company for unpaid wages.  More workers have said that they observed coworkers faint after being made to work in 100 to 110 degrees without water.

As a Texas workers compensation attorney I fight for the rights of workers.  Regardless of your industry or documentation status you are entitled to work in a safe environment, receive your full wages, and obtain workers compensation benefits if you are hurt.  The challenge is that many companies will do what they can to fight paying workers and expose them to hazardous working conditions.  If you are concerned about your safety or have already been hurt on the job we can help.  Ogletree, Abbott, Clay and Reed handles more workers compensation cases than any other Texas law firm and will answer your questions for free.  Call 713-223-1234 to learn how we can help you.



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