Legally Gray: The Gray Area Of Workers Compensation

Posted by on Feb 24, 2015 in Uncategorized | 0 comments

Injuries — they happen when you least expect them. Otherwise, you probably would have avoided them. When injuries happen during the time you take to get to work, or while you’re on lunch, there are a lot of questions about the whether or not your company is legally obligated to cover them.

Although the following list won’t give you a complete breakdown, and it’s always best to consult an accident and personal injury attorney for further information, it might be enough to get you started.

Traveling

Traveling is a part of work, whether it means getting to and from, or for it. And the key words in that phrase are to, from, and for. In most cases, if you’re injured on your way to or from a typical place of employment, workers compensation doesn’t cover your injuries. However, if you’re traveling for work, or as part of work, workers compensation usually covers those injuries.

Lunch/Meals

Just as traveling to and from work isn’t covered, traveling to and from lunch isn’t usually covered either. So, if you slip on a wet floor at the local restaurant or burn your hand with coffee while in your car, you’re most likely out of luck.

However, if you hurt yourself while you’re getting lunch for your boss (and hopefully yourself, too), that might be covered because it’s considered a job-related injury.

These rules also apply for employees that work non-traditional hours, such as second- and third-shifts.

Goofing Off and Misconduct

There are lots of people that like to have fun while at work, maybe by throwing paper airplanes from cubicle to cubicle or maybe playing practical jokes. There are also people who purposefully disobey the general safety rules.

So, if someone’s hurt during one of these escapades, who coughs up the money for the bill? Well, it depends on whether the employer knew this was happening or not.

If an employee knowingly breaks a workplace safety rule and had been spoken to before about not doing it, the employee will need to cover the costs. However, if there is a rule about no throwing office supplies, but the employer has willingly let airplanes go, workers compensation will most likely cover that sore eye.

Prior Injuries/Conditions

If you sustained an injury, such as a broken ankle or herniated disc, at another workplace, switched work places, and never filed a claim, it’s most likely not covered.

However, if you hurt yourself at another workplace, filed claims, or at least reported, and then aggravated it at your new place of employment, it’s almost always covered by workers compensation.

The same holds true for delayed injuries from repetitious work or long-term exposure to chemicals.

Talk to places like Franco Law Firm for more information.

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How To Get The Best Settlement Possible For A Car Accident

Posted by on Feb 20, 2015 in Uncategorized | 0 comments

When you have recently had a car accident and you are not at fault, the other motorist, his or her insurance company or a lawyer may try to get you to sign something. Make sure that you consult with your lawyer before signing anything and also make sure that you fully understand the document you are signing. How you communicate with the other motorist’s insurance company will affect how much you will ultimately settle for.

Insurance Companies Don’t Offer Attractive Settlements Initially

For most insurance companies, it is standard to offer a very low amount initially. Then, if this amount is not accepted, they will be willing to negotiate for a larger settlement. The representative will usually have a set amount of money allotted to them for the case and you will want to get as close to the maximum amount allowed as possible.

To accomplish this, you will want to consult with an accident attorney who can help you accurately determine how much your claim is worth. The adjuster will want to know if you understand how much your claim is worth. Then, after the adjuster provides you with an offer, you will want to come down slightly so you can demonstrate that you are willing to be reasonable. The insurance adjuster will usually not be willing to work with you unless you come down a little bit.

You Will Need a Demand Letter

You will need to explain in your demand letter once about why you are expecting the amount that you you want to receive. Then, each time you provide a new offer, you will simply need to emphasize the strongest points regarding why you believe you deserve the specific amount.

The factors that you will want to include in your demand letter include how much the damage to your car will cost, your medical bills, any pain and suffering you have experienced and the effects that the accident has had on your everyday activities. The injuries you have sustained, the loss of transportation and emotional trauma can all have an impact on your day-to-day life.

Communicate with Your Attorney

Communicate with your attorney routinely about how your treatment is going. After you have been released from treatment, you will need to tell your attorney so he or she can retrieve bills and treatment records that he or she otherwise did not have yet.

After you receive treatments from the hospital, you will want to discuss any residual complaints that you have with your accident attorney. These steps will allow you to get as much as possible for your suit.

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2 Reasons To Hire A Personal Injury Lawyer To Assist You With A Slip And Fall Case

Posted by on Feb 18, 2015 in Uncategorized | 0 comments

Hiring a personal injury attorney is absolutely vital in the event that you have been involved in a slip and fall case, mostly because of the many ways in which he or she can assist you. A slip and fall case typically occurs if you have fallen and injured yourself on someone’s property, usually as a result of the property owner’s negligence. Two ways that an attorney can assist you with this type of case are by investigating the scene of the accident and proving a history of owner negligence.

Investigating The Scene Of The Accident

A personal injury attorney will make sure that your case is as strong as possible by investigating the scene of the accident. While investigating the scene, the attorney is going to be looking for potential causes for your fall, such as poor lighting or broken stairs. In the event that no obvious causes for your fall are found, your attorney will look for any signs of recent repairs. 

It is very common for a property owner to rush and repair the cause of any slip and fall accidents in order to avoid being sued. In many cases, the property owner will attempt to avoid blame by claiming that there was no damage to the property that could have caused your accident. However, your attorney will be able to easily counter that argument by submitting proof that repairs were made recently to the area where the accident occurred. 

Proving A History Of Owner Negligence

Your attorney will also attempt to prove that the owner of the property has a history of negligence that contributed to your fall and injury. Proving that there is a history of owner negligence can greatly strengthen your case and improve your chances of getting the money you deserve.

One way that your attorney will prove that there is a history of negligence is by speaking to people that live in the area where the accident occurred, or people who frequent the area. For example, your attorney will be trying to determine if the property owner keeps his or her walkways free of snow and ice in the winter, promptly cleans up spills inside the store, and maintains sufficient lighting both inside and outside of the property.

Speak to a personal injury lawyer today in order to discuss how he or she can help you with your slip and fall case. An attorney will be able to improve the odds of your winning your cases by attempting to prove a history of owner negligence and investigating the scene of the accident.

For more information, contact Lerner, Piermont & Riverol, P.A. or a similar firm.

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What You Need To Know About Arbitration

Posted by on Feb 11, 2015 in Uncategorized | 0 comments

Following a vehicle accident, you more than likely want to get payment for your injuries and damages and move on with your life. Unfortunately, a quick resolution is not always possible. If there is a dispute between you and the other driver about damages, arbitration is a good way to reach a resolution.

What Is Needed for Arbitration?

In order to head to arbitration, you and the other driver or the insurance company have to agree to it. No one can be forced to participate. Once both parties have agreed to attend, there are certain things you both must work out. 

One of the biggest issues you have to settle is the selection of the arbitrator. In most cases, the arbitrator is a lawyer or a retired judge. In some communities, there are arbitration groups that can fill the position for you. 

You also have to determine how arbitration is going to be paid. The arbitrator could charge a flat fee or opt to charge by the hour. Both parties could agree to split the costs evenly or decide that the loser will pay the entire fee. Just be sure that it is clearly determined who is responsible to avoid further conflict.

What Can You Expect?

One surprise that you might find is that arbitration is similar to an actual trial. However, arbitration is a lot less formal and there is more leeway given to make your point. 

Both sides can make an opening statement. During your opening, you can explain your case to the arbitrator. Once the opening statements are heard, you and the other party can start to present your evidence to back up your cases. 

It is important to note that during arbitration, both parties have the right to cross-examine the other party’s witnesses. Even though a lawyer is not required for arbitration, it is a very good idea for you to practice your case and cross-examining with a lawyer. He or she can help you hone your case. 

Once both sides have presented their case, the arbitrator will make a decision. In some instances, the arbitrator might not make a decision right then. If he or she has decided to wait on a decision, it will be sent by mail later. The arbitrator will let both parties know when to expect a decision.

Whether or not arbitration is right for you is a personal decision. Talk to vehicle accident lawyers` before agreeing to it to ensure you have considered all the pros and cons carefully.

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