My personal injury lawsuit story

Is An Attorney Necessary To Receive Workers Compensation Benefits?

Posted by on Nov 27th, 2015 in Uncategorized | Comments Off on Is An Attorney Necessary To Receive Workers Compensation Benefits?

If a worker is injured while on the job, it is entirely possible to file a claim for Workers Compensation Benefits through the employer. The worker will receive benefits based on the length of time they will be out of work, the amount of their regular paycheck, and the laws of the state where they work and the incident happened. The worker is also entitled to other benefits, such as payment of medical costs, to include emergency room visits, follow-up care, medications and rehabilitative therapy. Some individuals are able to successfully navigate the workers compensation maze alone. However, many workers find that the help of a qualified attorney will achieve a better outcome. Initial Claim When a Workers Comp claim is approved, the governing body sometimes attempts to save as much money as possible, and reduce the amount of compensation given to the worker. In this case, it is important for the individual to retain the services of a qualified attorney that deals in workers compensation issues. The attorney can help the injured person receive more compensation for lost wages and time off work. The attorney will also ensure that the individual’s medical bills are paid on time and that the individual is able to get all of the medical care they need, from medications to therapy to inpatient or outpatient treatment. This can reduce a huge burden of stress for the individual, allowing them to focus solely on healing from their injuries and returning to life as normal. Denied Claims Sometimes, a claim will be denied and the individual is required to file an appeal to get any type of compensation or benefits. The appeals process can be even more confusing than the initial claims process. It is important to gather the proper information and put together a solid case so the appeal is approved. This can be difficult to do for an individual that is trying to recover from an injury, make sure the bills are paid while out of work and not getting a paycheck, and trying to handle the other requirements of daily life. In this situation, it is imperative to retain a qualified attorney to handle the appeal. The attorney is well-versed in exactly what to do to get an appeal approved. Many attorneys don’t charge the client unless and until the client wins their claim and receives payment for their injuries. Again, this relieves a huge burden of stress from the individual and ensures they get everything they are entitled to receive. Speak with professionals like Zavodnick, Perlmutter & Boccia LLC for more...

read more

4 Tips For Avoiding A Motorcycle Accident

Posted by on Nov 16th, 2015 in Uncategorized | Comments Off on 4 Tips For Avoiding A Motorcycle Accident

If you enjoy riding your motorcycle, you should take the time to understand how to reach your destination without having an accident. Studies show that fatalities are 26 more times likely to occur for motorcyclists versus automobile drivers. The key to doing so will depend on knowing how to operate this fun piece of equipment safely. Knowing specific tips to help you avoid getting involved in a motorcycle accident may be all you need to do. Tip #1: Take a motorcycle course Being able to get around as safely as possible on your motorcycle can be less difficult when you take a motorcycle course that is offered by The Motorcycle Safety Foundation (MSF). There are courses offered for both the novice and the experienced motorcyclists. There are over 2700 locations that offer this course nationwide, so you’re sure to find one that is local to your area. Tip #2: Know your surroundings One of the most effective ways to help you reach your destination without injury is by being aware of your surroundings. It’s more challenging for passengers to see a motorcycle than a vehicle. Listed below are some additional tips for being more aware: 1.  Get rid of any distractions, such as cell phones or music players. 2.  Be sure to keep several feet between you and other vehicles. 3.  Avoid staring straight ahead at all times and take the time to check your side mirrors for other cars. Tip #3: Be prepared to stop Intersections are where many motorcycle accidents occur, and this makes it important to be prepared to brake as quickly at these. Keep your hands on both your front and back brakes when approaching an intersection that can assist you in being capable of stopping as quickly as possible. Tip #4: Wear proper gear It’s ideal to be prepared before you get on your motorcycle by wearing the right clothing and other equipment. Studies indicate that wearing a protective helmet may reduce the possibility of head injuries up to 69%. Below are other types of gear you should wear before riding your cycle: 1.  Protective boots that have non-slip soles. 2.  Leather gloves to allow for better steering control. 3.  Full protective body suit. Preparing yourself before getting on your motorcycle and hitting the open road can be the protection you need from having an accident. However, if you are unfortunately involved in a collision, take the time to consult with a motorcycle accident attorney for proper legal...

read more

What Kind Of Mental Claim Do You Have Under The Workers’ Comp System (And Does It Matter)?

Posted by on Nov 3rd, 2015 in Uncategorized | Comments Off on What Kind Of Mental Claim Do You Have Under The Workers’ Comp System (And Does It Matter)?

Can you get worker’s compensation benefits based on a mental injury? Possibly. For the purposes of workers’ comp determinations, all claims based on mental disorders fall into one of three categories. Your odds of approval change depending on which category you’re in: 1.) Physical-Mental: These claims involve a physical injury that ultimately leads to a mental condition, like depression or anxiety. For example, if you injured your back at work one day and the injury led to debilitating pain and spinal surgeries, you could develop depression as a result. The physical disability eventually led to a mental disability. These are probably the easiest mental disabilities to get through the courts, as long as you can show a clear connection between your physical injury and your mental disability. Usually, it requires evidence from your doctors that you weren’t suffering from the mental condition until after you suffered the physical injury. Even if other factors aggravate the mental condition later, as long as it started with the physical injury you suffered and the physical injury continues to be at least partially at fault, you can win your case. For example, if your back injury and pain led to ongoing depression, your employer can’t stop paying your claim just because some new problem in your life (such as a looming divorce) is aggravating the depression that started with your back injury. 2.) Mental-Physical: These claims start with a mental problem that’s caused by work and evolve into a physical problem. For example, if you work in a stressful environment, have long hours, aren’t given enough help on the job, and your stress levels eventually lead to a heart attack, that’s a mental-physical injury. These claims can only be successful when the psychiatric injury is directly related to something that occurred on the job (whether it was a long-term situation or a single, traumatic event). You’re only barred from collecting workers’ comp for these types of claims if your mental injury is the result of management’s legitimate personnel actions toward you. For example, if you allege that the stress that led to your heart attack was caused by your boss reprimanding you for poor job performance, you won’t be able to get workers’ comp over it (unless you can prove that your boss was purposefully causing you stress for some reason and not acting in good faith). 3.) Mental-Mental: These claims arise solely based on some traumatic event or stressful condition on the job. No physical injury is involved. For example, if you are robbed at gunpoint and develop post-traumatic stress disorder as a result, that’s a mental-mental type claim. These can be difficult cases to win, and employers will often dispute them. In order to win your case, you will have to prove that your mental injury was more than just your personal reaction to normal working conditions. The type of job that you do may be a factor in any case. For example, a liquor store manager who developed a mental condition after he was robbed at gunpoint was initially denied workers’ comp because his employer maintained that getting robbed was just part of his job. The court overturned the initial ruling, noting that he’d never been robbed in 30 years of employment and that having a gun held to his head...

read more

Avoid These 3 Mistakes After Being Bitten By A Dog

Posted by on Oct 21st, 2015 in Uncategorized | Comments Off on Avoid These 3 Mistakes After Being Bitten By A Dog

Dogs can make great family companions. They lift you up when you are feeling sad. They protect you from any would-be intruders. All-in-all, they are a wonderful addition to your family. However, that doesn’t mean all dogs are going to be loving and kind. In the event you are attacked by a dog, there are a few things you need to do make sure you get the compensation you deserve. The last thing you want is to end up losing out on insurance money just because you didn’t know the specifics of the law and ended up making a costly mistake. Evaluate the animal. One of the best methods of defense when dealing with dog bite claims is to take a video of the animal. This will prove how dangerous it is. A professional evaluator will perform a number of different tests to see if the animal displays signs of aggression, all while having it on video. This video can be shown to all of the jurors and help substantiate your claim that the dog is dangerous and attacked you. Many dog owners will claim that their pet isn’t aggressive, so this will diminish their credibility and show that you were the one who was the victim in the incident. This can also help you get a quicker settlement. Inspect the living conditions. If the animal spends a lot of its time inside of the home, you will want to have an inspection of the home completed. If there are a bunch of scratches on the doors and chew marks on the windows, this lets you know that the animal has a tendency to scratch and claw. Check their bed, leashes, collars, food bowls, kennel and toys out to help you get an idea of the type of treatment the dog is receiving. Gathering important documents. You should gather any animal control records, vet records, paramedic records, police reports, names of witnesses and trainers and any groomers who take care of the animal on a regular basis. All of these things will show how the animal was cared for over the course of its life and help to build your case against the other party. By not making one of the crucial mistakes above, you can make sure you get the compensation you deserve without having to spend forever going through a lengthy trial process. For more information and for help in building your case, contact a professional personal injury attorney, such as those at Trammell & Mills Law Firm...

read more

Four Differences Between A Workers’ Compensation Claim And A Personal Injury Case

Posted by on Oct 7th, 2015 in Uncategorized | Comments Off on Four Differences Between A Workers’ Compensation Claim And A Personal Injury Case

When you’re injured in the workplace, it’s usually not possible to actually sue your employer for a personal injury settlement (except in unusual cases or if your employer doesn’t have workers’ compensation insurance). But when you’re starting the process of a workers’ compensation claim, which is the employees’ substitute for a personal injury case, you may find yourself wondering what exactly is the distinction between the two. Here are four differences that distinguish a workers’ compensation case from a personal injury case. 1. Court vs insurance Because you’re not allowed to sue your employer unless some type of intentional injury has taken place, products were faulty, or some other such oddity has occurred in the situation, regulations have been put in place to protect you in the event of a workplace injury. These regulations require businesses, especially large businesses, to carry insurance that covers the potential costs of a certain amount of coverage for workplace injuries. This means that a workers compensation case is a matter of an insurance claim, rather than a court hearing. Because you don’t go to court, your claim can actually be settled a lot faster than a personal injury case might be. 2. Coverage The coverage provided by your employer’s insurance is likely only to cover medical bills and expenses and a percentage of lost wages. This means that you’ll still lose money on the time you were unable to work, and you won’t receive compensation for abstract things like emotional distress. 3. Attorney’s role In a case that goes to court, such as a personal injury case, your attorney will be expected to represent you in person as your advocate. However, in a workers compensation case that involves no court hearings, your attorney may take a less public role. This role includes claim filing, negotiating, and providing legal advice. 4. No fault Workers compensation insurance is set up to allow injured workers to quickly and easily receive compensation without proving that anyone was at fault for their injury. This is a bonus because it allows your compensation to occur much faster with less hassle and without the time investment of appearing in court. These four differences will help you understand the ins and outs of a workers compensation case when the time comes to file your claim. Remember to hire a reputable workers compensation attorney like Modesitt Law Offices PC who will help you negotiate and jump through all the legal...

read more

Own a Retail Store with Stairs? Prevent a Lawsuit by Preventing Falls

Posted by on Sep 24th, 2015 in Uncategorized | Comments Off on Own a Retail Store with Stairs? Prevent a Lawsuit by Preventing Falls

Owning a retail store for the first time comes with many benefits. You can work for yourself, you can meet many great people, and if you’re selling the right product, you can make a decent living. However, it’s extremely important to take the proper measures to ensure that your customers don’t get hurt. This is especially true if you have stairs in your establishment. While you have likely gone the extra mile to make sure that your customers are safe, it doesn’t hurt to go above and beyond the extra mile. In doing so, you’ll not only keep your customers safe, but you may keep yourself out of court, as well. To help prevent people from falling on the stairs in your business, here are some precautions to take. Add Traction to the Steps Glue some thin rubber mats to each stair. Because aesthetics are important to you, cut the matting into strips and glue them to each stair on the tip only. Doing so allows the beauty of the stairs to still show through while still keeping your customers safe. Place the Right Rugs at the Top and Bottom Since you never know what the weather is going to bring, place a rug at the top and the bottom of the stairs. The rugs should be manufactured specifically for use in slippery areas, so choose a rug that has a rubber bottom, such as a doormat. Keep in mind that the busier your business becomes, the more often you’ll need to replace these rugs. They should also be cleaned either in your washing machine or by the dry cleaners once a week, or maybe every two weeks. Invest In Some “Wet Floor” Signs Purchase various signs to alert people to their own need to be careful. You can obtain some standing “wet floor” signs to place in the areas that usually get wet when it rains, such as doorways or main walkways at the interior front end of the store. You can purchase other signs as well. For instance, contract with a sign maker to create signs to place at the top and bottom of the stairs, asking customers to hold onto the rails as they’re walking up and down. The signs can go a long way in preventing accidents, and can even help defend you in court should the need arise. Even though not all accidents can be prevented, you could stand a better chance at winning your case, should an accident occur, if you take the proper steps ahead of time and do everything you possibly can to prevent one. Ask a personal injury attorney, such as Steven J Glaser, Atty, about other ways that you can keep your customers safe to prevent undue hardship to them and lawsuits aimed at you and your...

read more

Determining Whether You Have A Case For Medical Malpractice

Posted by on Sep 14th, 2015 in Uncategorized | Comments Off on Determining Whether You Have A Case For Medical Malpractice

Not everyone who isn’t happy with the results of their treatment by a doctor or another medical professional has a case for medical malpractice. There are a few circumstances that need to be met first. Speaking with a medical malpractice lawyer can help you determine whether you may have a case worth pursuing and what type of result you might expect given the evidence. Did the Doctor Provide the Proper Care? This means that the doctor treated you the same way most other doctors would have, given the same situation. If the doctor followed the standard treatment protocols for the condition and didn’t break any laws or rules, you probably don’t have a case. The most common reasons for people to hire medical malpractice lawyers include not diagnosing a medical problem or diagnosing this problem too late, prescribing or dispensing the wrong medication or the wrong amount of medication, not responding properly to signs of fetal distress in childbirth, not ordering a cesarean section when necessary, anesthesia errors and surgery errors such as leaving instruments in the body, operating on the wrong part of the body or puncturing internal organs. Did Improper Care Result in an Injury? Once it’s been shown that a medical professional didn’t properly treat a patient or was negligent, even the best medical malpractice attorneys still need to show that this caused harm or an injury that wouldn’t have otherwise occurred. This doesn’t just mean that the patient didn’t get the result they wanted. It means that they were harmed because the medical professional didn’t do what they were supposed to and that negligence caused the harm. Were the Consequences Very Damaging? It’s very expensive to follow a medical malpractice case through to the end, so it doesn’t make sense to sue unless there were major damages, such as a disabling injury, not being able to work for an extended period of time or long-term pain and suffering. The potential damages need to be worth more than the cost of the case. There is one case in which you may be able to sue even if the doctor did a procedure perfectly and you were still injured. This is if the doctor failed to tell you ahead of time that such an injury was a potential outcome and get your informed consent. This situation would still be considered as meeting the first condition because the doctor was negligent in getting your informed consent. You might have chosen not to have the procedure performed if you knew about this potential...

read more

Possible Reasons Your Workers’ Compensation Claim Was Denied

Posted by on Aug 10th, 2015 in Uncategorized | Comments Off on Possible Reasons Your Workers’ Compensation Claim Was Denied

In the event you are injured in the workplace, you can file for workers’ compensation benefits. However, there is no guarantee that your employer’s insurance company will agree that you are entitled to benefits. If the insurance company has denied your claim, it is important that you understand why. Here are some of the most common reasons and what your attorney can do to appeal the decision. Independent Medical Examination Report Challenges Your Injuries In some cases, the claimant is required to undergo an independent medical examination, or IME. The IME is conducted by a doctor who is usually chosen by the insurance company. Ideally, the doctor is unbiased and fairly assesses your injuries. Unfortunately, this does not always happen. If the insurance company is refusing to pay because the IME report challenges the severity of your injuries, your attorney can request a new examination. When requesting the examination, your attorney can ask for a new doctor to complete it. If the insurance company is unwilling to grant the IME or the request for a new doctor, your attorney can file a formal request with the state labor board to force the new exam and doctor.  Your Refusal to Cooperate When you file a claim for workers’ compensation benefits, you are required to cooperate with the insurance company while it seeks to determine if you qualify. However, if you felt that part of the process was unfair or unnecessary, you might have avoided or refused to cooperate. Without the information needed, the insurance company can refuse to authorize the benefits.  If your lack of cooperation was the reason cited for the denial, there is a simple remedy. Your attorney can arrange for you to complete the task needed by the insurance company. If you have a concern about the reason for the task or believe that it will adversely affect your case, inform your attorney.  For instance, if you had an old injury that you think the insurance company could use to deny your claim, your attorney could ensure that the company only has access to the medical records that apply to your work-related injury. By doing this, you can prevent the company from blaming an old injury and increase your chances of getting approval for your benefits.  Regardless of how clear-cut your workers’ compensation case might seem, it is a good idea to talk to an attorney. By having an attorney guide you through the system, you can overcome any challenges to the claims process you might...

read more

Exposed To Asbestos At Work? Understand Your Rights

Posted by on Jun 25th, 2015 in Uncategorized | Comments Off on Exposed To Asbestos At Work? Understand Your Rights

If you have been exposed to asbestos in your workplace and contracted mesothelioma, you may be able to seek compensation for the damages that were caused. Unfortunately, with laws varying between each state, it can be difficult to have a firm grasp on what your rights are. By understanding your rights, you will be able to hold someone responsible for your injuries. Using Workers’ Compensation For Employer Related Injuries There are many states where an asbestos related injury can be settled through workers’ compensation rather than a personal injury lawsuit. State laws allow mesothelioma to be treated in the same way as a broken arm while working on the job, giving you options for how you want to handle it. If you decide to file a worker’s compensation claim for a settlement, you lose the ability to sue your employer in a personal injury lawsuit. You must go through the process of applying for workers compensation, which is not handled in court, but through interviews and filing forms. It is possible for your workers’ compensation claim to be denied, but you can always have it appealed in court. Seeking workers’ compensation does not protect contractors, manufacturers, and suppliers. You can still sue them in addition to receiving workers’ compensation, since they were also responsible for the injury you sustained. Identifying Your Employer In order to successfully apply for workers’ compensation, the responsible employer will need to be identified. This can be tricky because asbestos exposure typically occurs in different industrial settings, with contractors working for other companies. For example, you may have worked for a specific plant for 25 years when exposed to asbestos, but you were actually working as a contractor for a different company that owned the plant. It would be a good idea to start by looking into the company that signed your paychecks, as they are most likely the employer that your workers’ compensation claim would be through. This would also apply if you worked at multiple locations while employed as a contractor. The location that contained the asbestos would not be responsible, but the employer that assigned your job to work at the location with asbestos. Compensating Secondary Exposure Even if you were not directly exposed to asbestos, secondary exposure to the material is a real possibility. Those that have been affected with mesothelioma due to secondary exposure can still receive compensation for their own medical bills, lost income, and other related expenses. If you have suffered from mesothelioma due to asbestos exposure, you can get compensated for the damage it has caused you or a loved one. Work with a personal injury attorney so that you can file the proper claim against those...

read more

What To Do If Your Workers Compensation Claim Is Denied

Posted by on Jun 17th, 2015 in Uncategorized | Comments Off on What To Do If Your Workers Compensation Claim Is Denied

Once you have filed for workers compensation as a result of being injured in a work-related accident or illness, the wait for the results begin. You’re undoubtedly hopeful that you will be approved so that you can get your medical bills and lost wages paid, but you may be worried about the outcome of the claim. There are a few reasons for your claim to be denied, so read below for more information about denials and what you can do if you are denied workers compensation. Reasons You May Be Denied Workers Compensation 1.  Drugs or Alcohol:  Many states will test you immediately at the emergency room or doctor’s office for the presence of drugs or alcohol if you are being seen for a work-related accident or illness. Prescription medications may turn up in your drug screen just as illegal drugs do, but if you have been denied on the basis of having a legally prescribed medication in your system, you should immediately consult a workers compensation attorney for assistance. 2.  Witnesses: Sometimes your word is not enough and your claim is denied due to lack of collaboration from others. You must make every effort to locate witnesses: Check with all co-workers who could have seen the incident, even people that you don’t know well or that don’t regularly work in your area. Go back to the scene and look for possible witnesses, checking also for video cameras. Check with people that you told about the accident, injury or illness, even friends and family members. 3.  Accident Report: Take care in completing your report to be as accurate as possible, and to give medical personnel the exact same set of facts. It’s vital that the accident report and the medical records match up perfectly. If you feel that you have made an error in the report, you may be able to appeal the denial and correct the report. 4.  Recorded Statement:  The workers compensation company will often deny your claim based on the fact that you did not agree to give a recorded verbal statement about the accident. This is not a valid reason for the denial; you are not required to give a recorded statement. Make sure to retain a workers compensation lawyer to assist you at this point and never give a recorded statement without your attorney present. Claims are often unjustly denied for the above reasons, and many others. If your claim has been denied, contact a workers compensation attorney like one from Kuzyk Law as soon as possible to help you with your...

read more