Category Archives: Uncategorized

When Does an Injury or Illness Qualify for Workers’ Compensation?

Most states require businesses to provide workers’ compensation insurance to employees who may sustain physical or occupational injuries or illnesses due to performing their jobs. These are the conditions that usually qualify workers for benefits.

Regular Employment Status

In most states, permanent employees who work full or part-time are eligible to receive workers’ compensation insurance. However, workers who fall under the following categories usually do not qualify for the benefit:

  • Agricultural workers
  • Clergy
  • Independent contractors
  • Railroad and maritime workers
  • Seasonal workers
  • Undocumented workers

Although volunteers are usually exempt from receiving workers’ compensation benefits, some states allow them for volunteer police and firefighters.

Physical Injuries

Bodily injuries account for a large percentage of annual workers’ compensation claims. These injuries typically involve:

  • Broken bones
  • Lacerations
  • Burns
  • Contusions
  • Eye injuries

Injuries that qualify may occur while workers travel between job-related sites or for specific job-related purposes, such as making deliveries.

Aggravation of Pre-existing Conditions

Insurance providers may attempt to deny workers’ compensation benefits for a new injury to a body part with a pre-existing medical complication such as arthritis, disc herniation, or muscle strain. Still, if a work-related injury aggravates a pre-existing injury or condition, a worker may file a successful workers’ compensation claim.

Overuse or Repetitive Motion Injuries

Workers whose jobs require them to perform the same movements throughout the day are prone to injuries. Examples of overuse and repetitive motion injuries include carpal tunnel syndrome, muscle strain, bursitis, epicondylitis and tendonitis.

Workers who experience chronic discomfort while performing a job should seek medical attention as soon as possible to promptly acquire a diagnosis of repetitive strain injury and alert their employers.  

As a workers’ compensation lawyer like one from Therman Law Offices can explain, most states also require workers to visit an employer’s physicians for additional assessments and documentation.  

Exposure Illnesses

Workers in occupations known for daily exposure to harmful substances or circumstances not usually encountered in everyday life may develop acute, chronic or irreversible conditions qualifying them for benefits. For example, a lab technician who contracts an illness from handling a specific substance in a lab or factory and construction workers who develop job-related tinnitus and hearing loss due to excessive noise can submit workers’ compensation claims. 

Mental Stress

Workers’ compensation insurance usually covers emotional and mental stress due to work-related stress, such as post-traumatic stress following a fall, workplace explosion or ceiling collapse or unusual events, including workplace robberies. Still, emotional stress related to job performance expectations or unpleasant working conditions is usually exempt from coverage.

Speak with a workers’ compensation lawyer to advise you about your rights if you or a family member experience a work-related injury or illness.

How Do I Obtain a Favorable Outcome?

Personal injury cases happen all the time, causing innocent victims harm. Navigating a personal injury case is not easy if you are not knowledgeable about the legal system. However, if you are filing a personal injury case there are things that you can do to increase your chances of obtaining the best settlement results possible. The actions you take before and during your case can dramatically affect the strength of your case. 

Write Down Your Account

Once you are well enough to, you should write down what you remember about how the accident occurred. You should write down as many details as you can while your memory is fresh. The longer you wait, the less reliable your memory may be. Provide this information to the lawyer so that they can evaluate it to build your case.  

Seek Medical Attention

An important thing you should do to strengthen your claim is to get timely medical attention. If you have been hurt in a car accident, seek medical attention immediately regardless of the severity of your injuries. Many people make the simple mistake of not immediately going to a doctor right away if they have been involved in a personal injury accident. However, if you fail to get medical attention in time you may have a difficult time convincing the insurance company that you actually suffered injuries or are entitled to compensation.   

Speak to Eyewitnesses 

See if there were any witnesses around at the time of the accident. Make sure to obtain their contact information and collect their statements. Having compelling and reliable witnesses can help to support your claim, and they may be able to provide information that no one else can. The information that they provide can be crucial to your case. 

Hiring a personal injury lawyer can help you obtain the results you are looking for. If you want to maximize your settlement amount, guidance and legal support offered by a lawyer can significantly strengthen your case. A skilled personal injury lawyer like one from Therman Law Offices, LTD can answer all of your questions that you may have regarding your case. You can depend on a qualified lawyer to evaluate your case and give you a sense of direction. There are many benefits that you can gain by exploring legal services available.  Request a consultation with a seasoned lawyer so that you can learn more about how to file a claim. 

How Your Car Insurance May Cover You for an Accident

When it comes to car accidents, most states are “fault states” or “tort states.” In these jurisdictions, a person injured in a car accident has the right to file a claim with the insurance company of the party at fault. You may think that it would be easier and more convenient to be able to file a claim with your own insurance company and get the compensation you need without having to worry about fault for the accident. Depending on where you live, there are coverages available from your own insurance company that takes care of at least some of your expenses from your accident.

Medical Payments Coverage

More commonly known as Med Pay, medical payments coverage pays for any medical expenses resulting from injuries to you or your passengers as a result of an accident. Med Pay only covers medical bills, but it does not take fault into consideration. In other words, even if the accident was your fault, or if the fault is ambiguous or nearly equal, you can still benefit from Med Pay. There are very few states that require drivers to purchase Med Pay, but it is available in some states as an option.

Personal Injury Protection

In no-fault states, where it is not the responsibility of the party who caused the accident to pay damages to the injured party, drivers are required to carry coverage for personal injury protection. PIP is similar to Med Pay in that it covers your expenses regardless of who is at fault for the accident. However, while Med Pay only covers medical bills, PIP offers more comprehensive coverage, reimbursing you for things such as lost wages if you cannot work after an accident and funeral costs if a loved one dies as a result. Drivers in fault states are not required to carry PIP coverage, but it is optional coverage available for purchase in most states.

Uninsured/Underinsured Motorist Insurance

Unlike the other examples, uninsured and underinsured motorist coverage only pays out in a specific circumstance. While the laws of most states require that drivers take out insurance on their vehicles, not everyone complies. Those who do may purchase only the minimum coverage required. You can only make an uninsured or underinsured motorist claim if the other driver either has no insurance at all or does not have enough to pay all the damages related to your accident. Your coverage then kicks in to make up the difference. Some states require uninsured or underinsured motorist coverage.

As our personal injury lawyer friends from Daniel E. Stuart, P.C. can attest to, if you have these coverages, you can make a claim with your own insurance. Unfortunately, that doesn’t necessarily mean a fair payout. 

The Importance of Hiring a Wrongful Death Attorney 

 If a loved one has died from wrongful or negligent causes, it is imperative that you contact a wrongful death attorney that residents trust.

The death of loved ones is a traumatic and painful experience, even more so if you are aware that their death could have been prevented. Wrongful death is caused by carelessness, lack of procedures, or third-party negligence.

Wrongful death can happen due to medical negligence, negligence in the workplace, negligence in the public (i.e. schools, government buildings) or private (commercial or residential) sectors, or due to inappropriate personal behavior (i.e. driving under the influence of drugs or alcohol, speeding, among others).

Nobody wants to cause the death of someone else, but not following proper rules, laws, or protocols may result in tragedy. Making a no well-thought-out decision can have serious consequences, especially in the medical field. This is not taken lightly by those affected by the irreparable loss of their loved ones.

Causes of wrongful death due to medical negligence include:

Incorrect or late diagnosis. The patients or victims of wrongful death received an incorrect or late diagnosis, which caused their treatment to be inadequate and eventually produced their death.

Medication. The victim received an inadequate dose of medication that produced their death.

Surgical procedure. The patient undergoes an inappropriate surgical procedure (medical error), the surgeon forgets a surgical instrument inside the patient, or the procedure was not appropriate.

Operating rooms. The hygiene of the operating room was not adequate, the patient is the victim of some bacteria or virus that leads to death.

• Treatment and recovery. The treatment is not adequate for the patient. This could be due to adverse effects on newly prescribed medication or a reaction with another medication. Complications during recovery or inadequate therapies that may worsen a patient’s conditions leading to death.

• Nursing home or home for the elderly. When patients are confined to bed, it is necessary that nurses or caregivers constantly move the patient into different positions. If patients are in the same position for long, they make present bedsores due to the lack of circulation. Bedsores are painful and can cause death if not treated correctly.

• Elderly Abuse. Caregivers or nurses are responsible for taking care of older adults and abusing them through beatings or physical assaults that may cause death.

Causes for negligence in the workplace have a lot to do with the maintenance of infrastructure, facilities, machinery, and equipment.

Machinery and equipment. Accidents that result in the wrongful death of the employee due to lack of proper machinery maintenance, training, or inadequate safety equipment.

•Illumination. Lighting often seems to be a minimal factor and it will not affect not having a lamp or bulb on, but in the workplace, this lack of visibility can result in employees falling, slipping, or tripping causing death.

Floors and slopes. Lack of maintenance or repair of high traffic areas and floors can cause serious accidents.

Lack of Safety Marking. The lack of warning notices and signs can produce fatal accidents as victims may not be aware of surrounding dangers such as the risk of slip and falls, electrocution, among other risks.

If your loved one has suffered from a third-party negligence causing death, do not hesitate to hire the help of an experienced wrongful death lawyer. Call the group of experts from Unidos Legales to advise you on the best way to manage your case. 

Falls Through Skylights: The Most Common Injuries and Causes of Accidents

Skylight fall lawyer

In the last two years alone, Occupational Safety and Health Administration (OSHA) examined 40 skylight accidents across the United States. Of those, 34 caused fatal injuries. When it comes to commercial buildings, the aesthetically pleasing features aren’t automatically reliable. Take skylights, for example. People appreciate them because they let lots of natural light into an area and look beautiful.

However, skylights can break, leak, and are not precisely energy-efficient, and they are sometimes dangerous. If a family member was injured in a skylight accident, it’s essential to know ahead of time that they shouldn’t take the blame for the accident. A commercial building accident attorney can help determine the options for legal recourse.

You may be wondering what types of injuries stem from the increased use of skylights in construction? You should know that fall hazards can cause catastrophic injuries or even be fatal. After falling 21 feet or more through a skylight, usually to a concrete surface, someone can suffer severe trauma, such as traumatic head and chest injuries. Sometimes, the fall impact is so extreme that death occurs immediately or shortly after.

To prevent injury from crashing through skylights, building owners must adhere to building safety rules and regulations that require them to ensure they are not exposing workers or visitors to hazardous situations. They also need to abide by current OSHA standards that require building owners and employees to guard skylights.

Falling through a skylight is more dangerous and occurs more frequently than you might realize. Injuries can happen to anyone when skylights break and collapse.

Skylights cause catastrophic injuries when someone – usually a worker – collapses with them. However, when the glass and plastic break and fall, these components can injure victims below inside the construction.

Constructors make most skylights from glass, acrylic, or other plastic materials. When they are new, these materials are robust and can face significant impact and pressure. However, over the years, the sunlight’s ultraviolet radiation, strong winds, and pressure deteriorate the components. Thus, the skylight can become friable and lose its impact strength. In general, it’s the building owner’s responsibility to ensure the skylights are up to the safety code.

In these conditions, accidents occur when someone walks across the skylight, stumbles and falls, rests, or leans on it. Construction workers doing repairs, installations, or inspections are the notorious victims of collapse accidents. However, casualties of skylight falls could likewise be the owners or visitors that casually use the roof.

Also, skylights that look like a window can integrate too seamlessly with the stable roof. Although discreet and appealing, they can become dangerous when they can’t be detected, for example, when the roof is covered in snow. 

Furthermore, many people don’t know that manufacturers do not produce most skylights to sustain the weight of a human being, and especially not when they’re leaning or falling, and, therefore, may not take safety precautions.

Thank you to our friends and contributors at The Law Offices of Sean M. Cleary for their insight into skylight accidents and injuries.

What Is the Meaning of Power of Attorney?

Estate Planning Lawyer

If you want to make sure your estate planning is handled by someone you trust, you may benefit from creating a power of attorney legal document.

What Is a Power of Attorney?

A power of attorney is a legal document that specifies a person or organization as an agent that will manage your property, financial, or medical affairs if you become unable to do so. While all states allow for a power of attorney, the rules and requirements differ from state to state.

A power of attorney can be limited in its scope, only allowing the agent to manage specific tasks, such as managing your end-of-life medical care or be more generalized. It can be temporary or permanent. It can take effect immediately or at a designated time or after a particular event.

Why Would You Need a Power of Attorney?

There are many reasons why you would need a power of attorney. If you become physically or mentally unable to communicate your wishes while being cared for by a healthcare provider, you may give power of attorney to someone to make such decisions for you. Or if you are unable to show up in person to close a business transaction that requires you to be present, you may require an agent to be present for you.

What Are the Types of Power of Attorney?

There are two types of power of attorney:

  • General power of attorney: This gives broad power to your agent to act on your behalf. This is often used in estate planning in you become physically or mentally unable to communicate your wishes. 
  • Special power of attorney: This gives an agent specific and limited powers to act on your behalf. This is typically used in business settings in case you cannot make an appointment in which you would otherwise need to be present.

What Else Do You Need To Know About Power of Attorney?

Make sure you can trust the agent for whom you’re granting power of attorney. You don’t want to select someone who has a reason to use his or her power of attorney for purposes that go against your wishes. While there is legal protection if the agent commits intentional misconduct, there is no protection if the conduct was accidental, which may cause some legal ambiguity.

A power of attorney legal document can be highly useful in situations that call for it. If you want to create a power of attorney document for estate planning purposes, which includes end-of-life care, contact an estate planning lawyer to make sure your wishes are carried out even if you are unable to communicate them. A skilled estate planning lawyer from a firm like Klenk Law can help you identify a qualified power of attorney and develop the appropriate legal documentation. 

Why Is Having a Personal Injury Lawyer Important?

Here’s something to think about. What would you do if you got seriously hurt in a car accident or slip and fall accident tomorrow? What would you do if your surgeon botched an operation, leaving you with permanent disfigurement or loss of function? What would you do if a dog bit you? Would you consult a personal injury lawyer or not?

personal injury lawyer

Your answer probably depends on a couple of things. One is how you feel about lawyers in general. The other is whether or not you think you could afford one.  But in all seriousness, hiring a personal injury attorney usually pays off. Keep reading to find out why having one is important.

Experience matters

In California, for example, there is nothing precluding you from representing yourself in a personal injury case. In fact, that may be an option if you aren’t badly hurt and you don’t mind doing your own legal research. It may also be an option if you are concerned about legal fees. 

Keep in mind, however, that you won’t be suing the defendant directly. Instead, you will be suing his or her insurance company. And insurance companies have experienced attorneys dedicated to personal injury litigation. 

Hiring your own lawyer levels the playing field.  Clearly, he or she will be familiar with relevant laws. Just as importantly, he or she will know all of the tricks insurance companies use to minimize their losses.  He or she will also be dedicated to securing the best possible outcome for you, while the insurance company is focused on the bottom line. 

Hiring a personal injury attorney allows you to concentrate on your recovery

If you have been seriously injured in an accident caused by someone else, a personal injury attorney and his or her team will do the “heavy lifting” associated with your case. Depending on the circumstances, they will do additional investigation necessary to build a successful case. This may include gathering additional documents, interviewing witnesses and consulting experts, who may also testify at trial.

Your personal injury lawyer will also draft and file all necessary legal documents. As necessary, he or she will respond to filings and requests for information from the defendant’s attorney and/or insurance company.  

Finally, he or she will try to negotiate the best possible settlement to avoid going to trial. If the matter does go to trial, your lawyer will present evidence and call witnesses to prove your claim.

Hopefully, this will give you much-needed peace of mind during your recovery. With that, you can concentrate on getting better, getting back to work, and being with your family.

A good personal injury lawyer is your best advocate

In addition to doing everything we have detailed, the best personal injury lawyers understand that each client and each case is different. More importantly, they act accordingly.  Specifically, they pay close attention to each client’s unique concerns and needs. 

By listening carefully, and understanding your perspective, a good personal injury attorney can: 

  • Help you understand difficult legal concepts
  • Help you understand your legal options
  • Help ease your fear or anxiety
  • Help you explore different options for resolution of your case, such as mediation or arbitration

As  the lawyers at the Law Office of Parag L. Amin, P.C. can explain, experienced attorneys should understand that recovering from a personal injury accident is a long, difficult process. The lawyers who represent you should also believe that they play an important part in each client’s financial, emotional and physical recovery by providing the best possible legal representation and advocacy.  

______________________________________________________________________________________________

QUIZLET

1. A personal injury lawyer will typically:

A) Conduct additional investigation as needed

B) Refuse to file necessary legal documents

C) Refuse to respond to requests from the defendant’s lawyer or insurance company

2. In most cases personal injury lawyer will

A) Try to negotiate a fair settlement to avoid litigation

B) Represent you at trial

C) A and B

3. A personal injury lawyer can: 

A) Help you understand your legal options

B) Help you explore options for resolution of your case

C) A and B

Does Medical Negligence Warrant Legal Action?

Many medical malpractice cases are extremely serious, often serious enough to result in permanent damage or even death to a patient. If you’re either unsure of whether you’ve become a victim of medical errors, medical negligence, or medical malpractice or you know that you’ve suffered harm at the hands of a medical provider, you may be wondering whether your situation warrants taking legal action. No two medical negligence cases are exactly alike. Therefore, it is generally a good idea to avoid any assumptions about the potential strengths and weaknesses of your case until you’ve spoken with an experienced attorney. 

What Are the Consequences of Medical Malpractice?

Just as there are serious consequences for the person who is a victim of medical malpractice, there can  also be severe repercussions for the healthcare provider that committed medical malpractice. Most of the time, filing a personal injury lawsuit against a negligent practitioner results in compensation for the victim and some sort of professional justice for the practitioner. The goals of most medical malpractice cases are two-fold: Compensation for the victim and assurances that the injurious situation in question will never happen to another patient. 

What Are the Types of Medical Malpractice?

Medical malpractice broadly encompasess any improper care from a healthcare provider that results in unnecessary harm. The adjective “unnecessary” is key here because it is not medical malpractice if, for instance, a healthcare provider advises chemotherapy to treat cancer. While chemotherapy is in itself harmful, the fact that it is used to treat the greater harm that is cancer justifies its use and therefore isn’t medical malpractice.

Types of severe medical malpractice include:

  • Surgical errors: This can include errors such as leaving surgical tools in a patient’s body, operating on the wrong body part or the wrong patient, or damaging other internal organs during surgery.
  • Diagnostic errors: Diagnosing the wrong condition or failing to diagnose a condition are types of diagnostic errors. If you have heart disease and your healthcare provider fails to diagnose it and this results in harm or death, it may be considered medical malpractice.
  • Anesthesia errors: Anesthesia is an extremely sensitive process, and errors in applying anesthesia can result in severe harm or death. This can include applying anesthesia improperly, but it also may include a failure to inform a patient of pre-anesthesia procedure or intubating a patient incorrectly.

While these are examples of severe medical malpractice, it is far from an all-encompassing list.

When Is Medical Malpractice Severe Enough to Warrant a Lawsuit?

This is a question that can be best answered by a medical malpractice lawyer. During a consultation, you will be asked questions about your situation, and your answers will determine whether your case is severe enough to warrant pursuing a lawsuit. As an experienced personal injury lawyer can confirm, instances of medical negligence are often severe enough to cause lasting damage or death. If you suspect you or a loved one has become a victim of medical malpractice, consult a medical malpractice lawyer to learn more about your rights and options under the law. 

Wrongful Death — The Worst Kind of Personal Injury Cases 

Personal injury cases are always incredibly difficult because you are dealing with the negative aftermath of someone else’s negligence. The very worst kind of personal injury case is a wrongful death case. Losing a loved one is a kind of pain that is unlike any other. Losing someone because of another person’s negligent actions, however, is even harder to process. This is why you need to contact a wrongful death lawyer, like one from Saavedra Law Firm, PLC, as soon as possible following your loved one’s passing. Not only do you want to make sure you meet the statute of limitations for filing, but you also do not want to miss out on collecting crucial evidence from the scene of the accident. 

You should not be left with any kind of financial burden because of the untimely passing of a loved one. Here are a few things that a wrongful death lawyer will argue in court. 

You deserve compensation for all of the expenses you paid. 

Your loved one likely underwent some sort of medical care, even if it was trying to save their life at the scene of the accident. You should not have to pay any of this back. The at-fault party needs to be held accountable and should pay back all expenses that went into trying to save your relative. The funeral costs should also be taken care of, as you were completely caught off guard for this untimely passing. Anything else that was lost in the accident needs to be replaced by the people who were at fault for the accident. 

You need to be compensated for lost wages.

You may have counted on your loved one’s paycheck to help with your mortgage and other expenses. Your financial situation should not change because you lost him or her too soon. The negligent party should make sure that you get the same amount of money every month that you were counting on. An experienced wrongful death lawyer can help calculate these damages and file for the compensation in your court case.

You may be entitled to pain and suffering. 

Losing a loved one in a tragic accident is traumatizing. It is a burden that you will have to bear for the rest of your life. You deserve to be compensated for this loss. Unfortunately, no amount of money will be able to bring your family member back, but the at-fault party should have to pay for what they did. They should give you money to make your life easier and to teach them to never let this kind of accident happen again. A judge is more likely to award funds for emotional damages in a wrongful death case than any other type of personal injury case. Your lawyer will know whether or not you should file this and if the judge who is overseeing your case is likely to award anything for emotional trauma.

Contact a Lawyer Today

You should always act with haste in a personal injury case. Even if you are still processing the loss of your loved one and trying to move forward with your life, it is important to retain the assistance of a wrongful death lawyer. He or she can stay on track for your case and continue to meet deadlines while you focus on yourself and your family. Set up a consultation with a wrongful death lawyer as soon as possible, just to ensure someone knowledgeable in the field is tracking your case. 

How Much Can I Get In a Wrongful Death Case?

Wrongful Death Lawyer

A wrongful death case is a personal injury incident that resulted in death. There has to be some level of liability on the part of a person or organization, which makes wrongful death an aspect of personal injury cases. 

Every wrongful death case is unique, so the compensation that survivors get will vary based on financial and intangible factors. Two cases that look similar on the surface may result in vastly different awards for that simple reason. Still, it is useful to know how much wrongful death cases are worth and how a court determines what to award in each case. 

The Average Award Amount

There is no “average” award amount in a wrongful death case. A little internet research for “wrongful death award amounts” will yield a wide range of figures, from less than $500,000 to tens of millions of dollars. The amount you can expect to get has nothing to do with an average calculated by adding some award amounts and dividing by the number of cases. A number of factors can make the difference between getting $400,000 or $4,000,000. 

Factors in Calculating an Award

When evaluating a wrongful death case, a number of economic, medical, and personal factors weigh into calculations. Courts use several factors to evaluate how much to award the family based on the deceased individual’s future contributions to the household. Typically, these economic elements will influence the settlement amount:

  • Burial and funeral expenses
  • Lost wages, based on the deceased person’s earning power
  • Unpaid medical expenses at the time of death
  • The deceased person’s age and health
  • Services provided to the family, such as housekeeping and shopping
  • Other costs or damages

Who is at fault in the case may be relevant to some settlements. The fault in wrongful death can be hard to determine and sometimes it can’t be proven that the medical provider was 100% responsible for the death in question. 

The law also allows survivors to be compensated for intangible losses. These “intangibles” include things like emotional support, companionship, and affection. These losses are hard to convert into numbers, but this can be done. Intangible losses could be valued even higher than the financial losses

Discuss Your Case with a Lawyer

If you think you may have a case for wrongful death after a family member passes away speaking with a wrongful death lawyer in Newport News, VA that is with an experienced firm like Waterman Law Centers, PLLC can provide you with counsel on whether your case has merit. A lawyer will guide you through the legal process, conduct research into your case, and advocate for you in court so you get the justice you deserve.