What Do I Need to Know About Workers’ Compensation Benefits?

If you have been injured on the job, you may be wondering how workers’ compensation might be of benefit to you. There are many aspects to the program that you should be aware of before accepting payments. In addition, you may be best served by contacting a workers’ compensation lawyer who can provide you with more information specific to your situation. The law provides that an injured worker must inform their employer of their workplace injury within a certain period of time. After that time, they can no longer apply for workers’ compensation benefits. If the worker opts to pursue a personal injury lawsuit against the employer or third party responsible for their injury, they must file it before the statute of limitations. These time limits for notifying the employer and filing a lawsuit vary by state. If you are injured at work, you should qualify for workers’ compensation benefits even if you caused the accident due to your carelessness or negligence. Unlike personal injury lawsuits which allow the plaintiff to include pain and suffering as damages, workers’ compensation benefits do not provide compensation for the victim’s pain and suffering. Benefits are intended to cover medical treatment costs, a percentage of lost wages, medications, and necessary medical equipment such as crutches.

 

A workers’ comp lawyer Milwaukee, WI, recommends can review your circumstances and determine if you may be eligible for additional benefits or payments related to your injury. When an injured worker accepts workers’ compensation benefits, they must agree to not sue their employer for their injury. If you decide to pursue a lawsuit, then you must not have already signed an agreement for workers’ compensation. Even though you were injured while on the job, workers’ compensation benefits will not provide payments equal to your wages. Rather, it will be a percentage of your wages. This will vary by state and a workers’ compensation lawyer can provide you with more specific financial information. In order to qualify for workers’ compensation benefits, you will likely have to undergo an examination by a physician who is pre-approved by the workers’ compensation board. The physician will have to assess your injury, and the board will make a determination as to whether or not you qualify for benefits. Though you can see your own physician for an assessment, they will not have a bearing on your benefits unless they are also an approved doctor. If you were injured while on the job, contact a workers’ compensation lawyer to discover your legal options.

 


Thanks to our friends and contributors from Hickey & Turim SC for their insight into workers’ compensation.

Filing a Claim if I Failed to Wear a Helmet

 

Riding a motorcycle is an experience that is enjoyed by many, whether driving through the mountains or commuting to work. Although this can be an excitable recreational activity, if you were in an accident and did not take the appropriate safety measures, you could be severely injured. It is incredibly common to suffer from a head injury as the result of a motorcycle accident. Chances of suffering from a traumatic brain injury decrease greatly by wearing a helmet. If you are in an accident with a helmet, the impact on your head will greatly reduce.   

 

Helmet Requirements by State

Helmet laws vary by state, in some, it is not illegal to ride a motorcycle without a helmet. Despite this, if you were not wearing a helmet and had an accident, an insurance adjuster may hold it against you. Insurance adjusters will blame your injuries on your failure to wear a helmet. This could occur regardless of whether or not another driver was at fault. In some cases, they have made it very difficult to obtain an award, and may even reject a victim’s claim.

 

When the Courts are Involved

Thankfully, it is more common for the courts to favor a motorcyclist, regardless of whether or not they were wearing a helmet. As a result, you will not be penalized for not wearing a helmet if you were to attempt to recoup for:

  • Lost Wages
  • Emotional Distress
  • Medical Bills and Expenses
  • Pain and Suffering
  • Property loss

In some states, the lack of a helmet is not even considered evidence that could be used against a motorcyclist. As a result, the court will not find you negligent in the event that you did not wear a helmet. You may be entitled to receive compensation if the person who caused the accident is found negligent.

 

A Helmet Could Save Your Life

Although you are not required to wear a helmet in all states, it’s still a good idea to do so. Wearing protective clothing and gear can make all the difference when it comes to mitigating injuries in an accident. Be sure to wear appropriate clothing such as:

  • Gloves
  • Helmets
  • Jackets
  • Armor
  • Riding boots
  • Long pants

When it comes to a motorcycle accident, wearing the appropriate gear can mean the difference between life and death. Before you get on a motorcycle, remember the importance of wearing a helmet when tempted to go without one.  

 

It is wise to always wear a motorcycle helmet when enjoying the open roads. A motorcycle accident attorney may be able to provide further information if you have suffered a motorcycle accident. In most cases, accident attorneys offer their initial consultation for free, meeting with them is at no risk to you financially.   


 

 

NYC Bus Driver Charged in City’s First Bike-Share Death

Fifty-two-year-old Dave Lewis, a New York City coach bus driver, was just charged for his role in the death of a banker who was killed while riding a bike from the city’s Citi Bike share program, reports the New York Post (http://nypost.com/2017/10/31/bus-driver-charged-in-first-citi-bike-fatality/). The bus driver was charged with a misdemeanor and violation in the wake of the June death of Dan Hanegby, an investment banker with Credit Suisse and a former sergeant in the Israeli Army.

Lewis’ attorney issued a statement calling the incident a “tragic accident” and noting his client was still distressed over it. The defense attorney also stressed that this was simply an accident and that his client did not commit any crimes.

Allegedly, the bus driver told a witness he was driving on 26th Street close to Eighth Avenue in the Chelsea neighborhood when he honked the horn of his bus at Hanegby, whom he says was biking in the middle of the road with headphones on.

Once the bus passed Hanegby at around 8:15 in the morning, Lewis reportedly said he felt “something” and heard noise coming from outside the bus. When he looked in the bus’s mirror, he saw Hanegby on the ground.

Law enforcement says that 36-year-old Hanegby, a father of two, was sandwiched between the bus and a parked car, so he lost his balance. He fell off of his bike and ended up under the rear wheels of the commuter bus being driven by Lewis. The banker was rushed to a nearby hospital and pronounced dead a short time later. Lewis remained on the scene of the accident to wait for police.

The Citi Bike ride-share program started back in 2013. According to a program spokesperson, this is the first time a bike rider participating in it has been killed.

Known as a gifted tennis player who was once ranked the top player in Israel at the age of 16, Hanegby was born in Tel Aviv and joined Credit Suisse back in 2014 after a stint at Morgan Stanley.

Lewis is facing a maximum of 30 days in jail if he is convicted of the top charge, which is causing physical injury because of a failure to observe the right of way. He has also been given a violation for not exercising due care in connection with the incident. Since being charged, he was released without bail and has declined to comment on the case.

Any time a vehicle hits a bicyclist, the consequences can be devastating. The sheer difference between the sizes of the vehicles and the lack of protection a bicyclist has often makes these types of accidents very dangerous for the person on the bike. Drivers of larger vehicles, such as a bus, do not always pay enough attention to the road and heed the right of way as they are supposed to.

If you have been injured while on a bike, you have rights. Speak to an experienced lawyer, like a bike or bus accident lawyer Denver CO relies on, about your case as soon as possible.

 

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.

How Airbags Can Cause Injuries

Though airbags are used as a safety measure to prevent injuries, they can sometimes be the cause harm to those in the vehicle. As ironic as it may seem, airbags have a very strong force, so if proper safety measures are not taken or they malfunction, they they can be harmful and injuries.

How do Airbags Function?

Airbags are deployed in the event of a near head-on collision of the car. The airbags are located behind the steering wheel, behind the dashboard on both the driver and passenger side and often on the sides of the car in the front doors. When a car hits another object, sensors are triggered by the impact which inflate and deploy the airbags within 1/20th of a second. Immediately after the airbag makes contact with a person, an ignitor releases a gas into the bag causing it to deflate.

Ways Airbags Can Cause Harm

Airbags are necessary, however, to ensure safety and prevent injuries, it’s important that they are functioning properly and that the individuals in the car take proper safety measure. For example, individuals sitting the in the front row of the car should be buckled up and sit at least ten inches from the dashboard. In addition, it is generally advised that kids do not sit in the front, because they are more susceptible to sustaining airbag injuries. The following are ways in which an airbag can cause injuries:

  • Sitting too close to the dashboard
  • Strong deployment causing a large impact to the head, face and body
  • A minor accident or impact can trigger the airbag to deploy which could cause more injuries than the accident impact itself
  • By hot gases released during airbag deployment
  • Airbag malfunctions caused by crash sensor problems. This can result in the airbag deploying late or not at all, which can cause impact injuries from the car accident

Injuries Caused by Airbags

The following are common airbag-related injuries

  • Bruising to the face or chest
  • Burns or cuts from the impact
  • Burns from the hot gases
  • Concussion
  • Fainting
  • Head and/or brain injuries
  • Fractures or breaks to facial bones, skull, sternum or ribs
  • Injuries to eyes and ears
  • Hand and wrist injuries
  • Respiratory problems

These injuries can be minor, severe or even fatal. In some cases, injuries can cause chronic or long-term health problems. Regardless of the injury, it can be painful and expensive, so it’s important to take proper safety measures.

Filing a Personal Injury Lawsuit

If you sustained injuries because the airbag malfunctioned, then you may be entitled to compensation. In such cases, the car company or airbag company may be at fault, so they can be held liable for the damages. Filing a personal injury lawsuit against the responsible party can be beneficial to getting the compensation you need, however, the process can be difficult. A lawyer, like a car accident lawyer Memphis TN trusts, can help you determine and complete the requirements necessary to filing a successful claim.

In order to file a successful claim against another party for a malfunctioning airbag, you will need to prove that the injuries were caused by the airbag, as opposed to reckless driving or behavior. To do so, you should keep evidence such as the airbag, and the car itself, rather than immediately sending them to a wrecker or insurance company. The airbag can be inspected to check for defections. If the car has a “black box”, then it will have recorded information necessary for proving your claim, such as whether brakes and seatbelts were used properly during the time of the accident.

A personal injury lawyer can help you with these requirements, as well as protect your interests and rights during the case.

Thanks to our friends from Darrell Castle and Associates, PLLC for their insights into airbags and personal injury cases.

 

Brain Injury is Different Than Personal Injury

Brain injuries are more common than people think. Football fields, car accidents and hockey rinks are dangerous grounds for brain injuries. It is often assumed that all personal injuries are the same, but this is untrue because brain injury is a severe and serious injury and needs to be treated in many unique and special ways. Brain injury victims’ diagnosis, recovery time and treatment time is usually longer and extremely different.

Diagnosis

If your head was injured in an accident and ranges from a very mild and unalarming concussion to a serious TBI (traumatic brain injury), you should seek medical attention immediately. Sometimes injuries to the brain do not present themselves right away, and weeks later serious symptoms start to show. Going to the doctor is a faster and more efficient way to find any problems that might have arose during the accident. However, even after seeing the doctor for an initial visit, it can still take a large amount of time to figure out what the problem is, what could have caused it and how it should be further treated.

Recovery Varies

Victims of brain injuries may need years to recover both mentally and physically, depending usually on the severity of their injury. Often times in home attention and regular physical training may be required with physical rehabilitation. Sometimes even years of hospitalization or even coma can occur. Drastic changes in personality and mood are common in those with TBI. Usually it takes years to recover from a brain injury.

Brain Injury Victims Have Much More at Stake

Brain injury is one of the most serious and devastating injuries in personal injury law. They can affect your quality of life, with many victims of brain injury getting seizures that prevent them from doing everyday things like driving, or even working the same job as before their accident. Medical bills can even drive families into credit card debt and bankruptcy quickly. Brain injury victims have more at stake because they can lose many of their traits that make them unique. Personality, attentiveness, listening skills, eyesight and sense of humor are a few things that may be lost in a brain injury victim. If you or a loved one experienced a brain injury accident and were not at fault, you should contact a brain injury lawyer Orlando, FL, residents rely on. They can help you pursue a lawsuit and seek compensation for medical bills.

 

Thanks to our friends and contributors from Needle & Ellenberg, P.A., for their insight into brain injury.

Why Was My Workers Compensation Claim Denied?

 

You may be devastated to find out that your claim for worker’s compensation has been denied. You and your family now may be even more financially impacted because of mounting medical bills . Unfortunately, it happens–many claims, including valid claims–are denied for numerous reasons.

However, you still have legal options after your claim is denied. In most cases, you should hire a lawyer at the start when you begin to file. Having a lawyer’s assistance will reduce your chances of being denied by the insurance company in the beginning. Check out these details on common reasons for refusals and further steps for you to pursue legal action.

 

4 Common Reasons Your Claim May Be Denied

There are many reasons that your claim may be denied, here are four common reasons people usually don’t get their claims:

 

  1. There were no witnesses to your accident at work. Usually insurance companies will use this information to claim that you are lying about the accident occurring.
  2. Your injury sustained is similar to or the same as a pre-existing condition. An insurance company may claim that you sustained the injury in the past and that it is just flaring up.
  3. You missed the deadline to file.
  4. You did not pursue medical treatment or did not follow care instructions properly. An insurance company can say that your injury isn’t as serious as your claim because you failed to follow through seeking help, or that the worsening of the injury is your fault.

 

Filing For an Appeal

When your worker’s compensation claim is denied, then you should be provided information about an appeals process. The deadline could be a short window of time, so be sure to file before the date comes up.

If your reason for denial is easy to fix, like typos on paperwork, then you may be able to fix it with the proper information with the help of an attorney. Then you have a better chance at an appeal. You may also have to go to an administrative hearing where you will need to support your claim with supplemental evidence. You may be required to provide medical records and/or a testimony from a medical expert. An attorney will be able to gather the evidence for you and may have a contact that is a medical expert who can speak on your injuries suffered.

 

How a Worker’s Compensation Attorney Can Help

If your claim was denied for worker’s compensation, there is still hope! An attorney who has handled worker’s compensation such as the New York Workers Comp Attorney  locals trust can give you a consultation and help you decide how to best prepare for your appeal. It is highly recommended that you hire a lawyer from the very start to help you handle your affairs to offer you the best chance at receiving compensation for your injuries.
lawpsr-POLSKY, SHOULDICE & ROSENThanks to authors at Polsky, Shouldice, & Rosen P.C. for their insight into Workers Compensation.

Do I Need to Hire a Personal Injury Lawyer?

Most people are unsure when or if they should hire a personal injury attorney after an accident that was caused by someone who acted negligently. However, the answer depends on your condition and specifics of your accident. Below are a few questions you can ask yourself to get a better idea about whether or not you should consult a personal injury lawyer to protect your rights.

How Badly Were You Injured?

Not every injury needs the assistance of a lawyer. You may not have use for a lawyer if:

  • Your injury is minor.
  • The associated medical costs are not very high.
  • The at-fault person’s insurance company offered you a fair settlement.

It’s wise to consider consulting an attorney if:

  • Your injury is more complex and requires medical attention such as: surgery, hospital care, physical therapy, rehabilitation, etc. If your claim involves a large sum of medical costs, an attorney can increase the likelihood of receiving the maximum possible settlement.
  • The at-fault party’s insurance company denies your claim.
  • The at-fault party’s insurance company refuses to offer you a fair settlement.

Are You Being Contacted by an Insurance Company Representative?

Insurance companies are known to minimize their losses in injury claims as much as possible. If you are ever contacted by an insurance company representative who asks you for medical records, recorded statements, or other releases, be sure to tell them that you are contacting an attorney. Insurance adjusters only job is to get proof that you are the cause of your own claim so that their company does not have to pay you.

Is the Insurance Company Offering Less Than You Deserve or Nothing At All?

Some insurance companies employ unfair techniques so they can avoid paying claims to the people who deserve compensation for their damages. They may put off the claims process for an inordinate amount of time, make an outrageously low offer, or refuse to pay for no reason at all. If you experienced any of these scenarios, you should call a personal injury lawyer as soon as possible. They know all about these tactics and how to combat them so you can get the restitution you deserve in a timely manner.

Do You Feel Comfortable with the Legal System?

Those who file a claim without the help of a professional lawyer will need to navigate the legal system on their own. You must have knowledge about your claim, the local laws, and the settlement process. You may also need considerable negotiation skills in order to receive a fair amount from your case. While some personal injury cases are fairly straightforward, many are very complicated and require the assistance of a skilled lawyer such as the Slip and fall lawyer Las Vegas, NV locals trust.

 

Nadia Von Magdenko Attorny at accident law Las Vegas Thanks to authors at Nadia Von Magdenko for their insight into Personal Injury Law.

Injured at a Venue – Who is to Blame?

Who is Liable?

If you or a loved one was injured at a venue (for a concert, wedding, etc) and you are wondering if you can pursue a lawsuit, the answer is yes. However, before you go forward with this action, you must first determine if the injuries inflicted are severe enough for you to seek any form of compensation. If you are mildly injured, as in someone knocked you over while moshing at a rock concert or stepped on your toe and bruised it while dancing at a wedding, you will most likely not be able to sue the venue. But, if you were seriously injured, like if something from the venue fell and hit your head leaving you with a concussion, you definitely could sue for medical expenses and any lost wages you have incurred. An event hall Glendale CA recommends can tell you that because fault in this scenario is defined as intentional negligence or misconduct on the venue’s part, their carelessness resulted in damage or harm of an individual. Reputable venues do whatever they can to ensure accidents don’t happen, but some situations still slip through the cracks.

Comparative negligence is usually used in personal injury cases involving venues and businesses. This allows the court to consider your percentage of fault with that of the opposition. Even if you are deemed partially at fault (you were at the event by choice), you can still pursue a lawsuit and have a chance of winning.

Documenting the Accident

You should try to remember to document the accident once it occurs. A good way to do this is to handwrite notes at the scene of the accident if possible. You will probably be very flustered and unsettled, however it is crucial to gather evidence that can help support your lawsuit.  There may be weeks, sometimes even months or years between the incident and your lawsuit, and it is easy to forget important details surrounding it during this time. Jotting down a quick account of what happened, any events that led up to the accident, who was present, and if any witnesses were around is an excellent way to prove misconduct on the opposition. If there are, in fact, witnesses around you need to ask them to write a testimonial to what they saw, sign the paper, and give their contact information. You can also document the accident by taking pictures on your phone. Remember to videotape or take snapshots of the scene, your injury and areas surrounding the scene.

Contact an Attorney

When making the claim with your insurance company, be sure to gather and submit your photos, testimonials, and notes. Consider contacting an attorney to find out how to further pursue a lawsuit against the venue or performer and to make sure you are getting compensated fairly for medical expenses or lost wages. If you are not happy with the compensation offered, you can always dispute the claim. Having a personal injury lawyer will make this process a lot easier.

Metropol Banquet Event Venue GlendaleThanks to friends and contributors from Metropol for their insight into event venues.

Proving Negligence in a Texting and Driving Accident

Texting and driving is one of the largest causes of auto accidents, resulting in the death and injuries of thousands of people, as well as, millions of dollars in damages, each year. Although many laws have been put into place around the country to avoid texting while driving, the rate of accidents as a result of the act has remained fairly consistent. If texting and driving was in fact the cause of an accident, the driver who was texting may be help liable of the damages and injuries sustained in the accident.

A lawsuit can be filed against a driver at fault in an accident if negligence can be proven. Drivers negligence, which includes texting and driving, is the disregard of safety while driving. To prove negligence, it is required to provide evidence of the four following elements:

  1. Duty

Drivers have a legal duty to obey traffic laws and drive responsibly to ensure the safety of everyone on or near roadways. It must first be proven that the driver at fault had the duty and obligation of adhering to the safety standards of the road to avoid any accidents.

  1. Breach of Duty

If a driver at fault has been proven to have had the duty of care, then it must be proved that he or she breached that duty. When a driver turns their attention from the road to their cell phone, they have breached their duty of care. Because the average person knows that cell phone usage while driving can inhibit the abilities of the driver, they can be proven as negligent of safe driving.

  1. Causation

After proving that the at-fault driver breached his or her duties, then evidence must be provided that proves texting while driving caused the accident and the other parties injuries. Causation is what legally binds the injured party’s injuries with the liability of the at-fault party. To prove causation, medical records and proper testimony should be provided.

  1. Damages

When one party is at fault in the accident, the injured party may be entitled to compensation for any damages incurred as a result of the accident. You will need medical records and other evidence proving the damages requiring compensation. The damages for which may require compensation include:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Emotional stress

To properly and successfully navigate a texting and driving accident, it is advised to contact a skilled attorney, like a car accident lawyer Milwaukee WI can trust. Proving negligence can be difficult, but a personal injury attorney can alleviate some of the stress by providing the necessary guidance and legal help needed to win a case.

Hickey & Turim, SCThanks to our friends and contributors from Hickey & Turim, SC for their insight into texting and driving.

How You Know It’s Time to Hire a Car Accident Lawyer

Filing an insurance claim following a car accident can be a frustrating experience when the insurance company or negligent driver is contesting the claim. Insurance companies routinely investigate every aspect of an accident claim because it could lead to a lesser payout when the claim is finalized.

Insurance companies are in business to make a profit and any reason they can find to defend the value of a claim could protect the company bottom line. This is a major component of why it is always important to discuss an accident case with an experienced personal injury attorney when filing a claim.

  • An auto accident attorney can advise on what to expect from the insurance company and the potential value of your claim, which could be much more than you realize.
  • This is especially true in cases of multiple parties or when a commercial vehicle is involved.
  • Product liability claims can be viable when a vehicle is included in a recall and causes an accident due to its defect.

Dealing with a Bad Faith Insurance Company

Many insurance companies will use negotiation tactics that could be considered in bad faith when they think a claimant will not retain an attorney to handle the claim. A common tactic is to try to settle the claim quickly.

  • This will often entail a low settlement offer, much lower than the true value of the claim.
  • Adjusters do not have to reveal the amount of their client’s maximum coverage until a case goes to court or you hire an attorney who will request the information immediately. Until or unless that happens they may try to lowball you.
  • The insurance company may delay payment as much as possible or stall by investigating each and every invoice submission from victims for accuracy and necessity.
  • They may challenge any or all invoices submitted to them, regardless of their validity.

Personal Contribution to the Accident Can Matter

Depending on the state where the accident occurred, comparative negligence can be an important factor in the personal injury pain-and-suffering calculations.

  • Some states use pure comparative law which allows any accident injury victim to collect damages minus the percentage of their contribution to the accident.
  • Modified comparative negligence states will use either 50% or 51% as a bar to receiving financial recovery for injuries sustained in the crash. This is an area of the law insurance companies always focus on and will be where your accident attorney will work the most diligently to protect your legal recovery rights.

Cases that Go to Trial

Sometimes the insurance company or the defendant will choose to take a case to trial when they think they can win an acquittal. This is especially common when all parties are in disagreement as to liability. This will require you to enlist the expertise of an experienced trial attorney.

Plaintiff legal counsels may take a case to trial when there is a good chance that a jury will issue a punitive damage award for gross negligence or bad faith negotiating by the respondent insurance provider.

If you would like an experienced attorney such as the car accident attorney Des Moines IA locals trust to review your case, request a consultation. Most law firms will provide one at no cost.

Johnston Martineau Law Thanks to authors at Johnston Martineau LLP for their insight into Personal Injury Law.