I may have spent the night in my backyard in a tent, but that was the extent of my wilderness training. It may be inconvenient, and you may have other things to do, but it is important that you at least get checked out. When you are injured in an accident, several options exist for getting your bills paid. Ultimately, Justin agreed to get an MRI. Once my client reviews and approves the demand, I send it to the insurance company with a firm deadline for its response.Read More
Compensation for Work Related Injury or Illness
In order to avail the benefits provided by workers’ compensation, you are required to prove that the injury or illness is related to your work. Rephrased in legal jargon, the unfortunate event must be “arising out of employment and occurring during the course of employment,” commonly abbreviated as AOE/COE. Know the rules that dictate whether or not an employee’s injury or illness is work-related and covered by the workers’ compensation.
If, however, fooling around or breaking rules in the workplace is excused by the employer, or is a commonly accepted behavior in the workplace, the courts consider injuries sustained during such times as work-related injuries and workers’ compensation benefits can be availed.
Illnesses and diseases that develop because of constant strain on the worker are covered by the workers’ comp. Diseases related to work as well as psychological or physical illnesses resulting due to long-term exposure to stress and strain are all covered by the workers’ comp. However, in such instances, there is a difficulty in attempting to prove whether the illness is work-related or not. Different states have different rules for such situations. For more information, you are required to check out the employees’ rights booklet provided by your employer that lists down the injuries and illnesses that are covered by workers’ compensation.
Some exceptions exist. For example, injuries sustained while the worker was drunk or under the influence of illegal drugs are not covered by the workers’ comp. The coverage is not provided if the injured worker was:
- Hurting himself or others intentionally
- Breaking work-related rules intentionally
- Perpetrating a serious crime, or
- Fooling around in the workplace, aka horseplay
Seek a lawyer
Many times a worker's injury or illness may be of a dubious origin, a gray area when it comes to understand worker's comp coverage. In these special circumstances, it is always worth seeking a lawyer’s expertise. The lawyer may be able to tell you whether or not you qualify for the benefits. As a lawyer is aware of your state laws he may be the best counsel in such matters.
what type of injury case you have?
Recent legal blog posts
The first is when you are using your own PIP coverage to pay for your accident-related medical treatment. While the PIP IME is required by your contract with your own insurer, the third-party IME is performed pursuant to court rules. Rather, an amount of money is asked for that will compensate the plaintiff for her damages, both past and future. We discussed the case in great detail with Paul’s doctors, and spent several days with Paul and his family preparing them for trial.Read More
If you do end up in trial, this article will give you a very broad idea of what to expect. He will literally say: “Your Honor, the Plaintiff rests.” At this point, you can expect a motion from the insurance company lawyer to dismiss all of your claims based on the lawyer’s failure to prove one or more of the elements in the case in chief. It is a medical examination at the request of the insurance company or its attorney that is usually biased in favor of the insurance company.Read More
When the adjuster calculates the NADA base value, he/she takes into account the mileage on the vehicle. ” Nothing illustrates your injury more than a photograph - showing the injury at its worse. Failure to follow their prescriptions could be considered “doctor shopping” by the insurance company! Keep Track Of ALL Medical Doctors and Medical Bills We encourage our clients to keep a list of all the medical doctors that they see for treatment for their injuries.Read More
Top Lawyers Pick
- Paul J. Komyatte
- John M. McLaughlin
- James D. Cardea
- Kirk R. Presley
- Randy H. McMurray
- Bruce W. Bannister
- James H. Furman
- Stacey E. Burke
- John A. Musacchio
- Elizabeth Woody Lindquist
- Wesley W. Metheney
- Jonathan P. Hayes
Paul J. Komyatte
Paul Komyatte, owner and founder of The Komyatte Law Firm LLC, ,has represented consumers injured by defective products and general corporate misconduct forover 25 years. While based in Lakewood, Colorado, he maintains a national practice and has successfully pursued product defect cases in over 25 states from coast to coast. He has successfully handled product liability cases against most of the major auto manufacturers, including Ford, General Motors, Chrysler, Kia, Hyundai, Isuzu, Nissan, Toyota, Honda, and Mitsubishi as well as various seatbelt and automobile component manufactures, including Takata, TRW, Autoliv, and Honeywell. He has also handled product defect cases against major retailers, including Sears and Wal Mart and against large medical device manufacturers. Mr. Komyattes practice focuses primarily on personal injury and general plaintiff work, with an emphasis on high-profile plaintiff products liability cases.Mr. Komyatte graduated from the University of Notre Dame with a Bachelor of Arts in international relations in 1985, and then went on to earn his Juris Doctor from the University of Chicago Law School in 1988. He has been admitted to practice law in Illinois since 1988 and in Colorado since 1993.Mr. Komyatte has lectured around the country to trial lawyer associations and has been a frequent faculty member on seminars sponsored by the American Association of Justices National College of Advocacy. He has also published numerous book chapters and articles on product liability litigation, trial preparation and trial strategy.With over 30 years of experience, Mr. Komyatte brings a dedicated representation and commitment to his clients. In 2007, Lawdragon named him as one of the top 500 leading plaintiff attorneys in the country. In 2012, his jury verdict against a Korean farm equipment manufacturer was featured in Law Week Colorados edition on the top Colorao verdicts of 2012. To remain up-to-date in his practice, he is a member of the American Association for Justice, the Colorado Trial Lawyers Association, Public Justice and a board member of the the Attorneys Information Exchange Group.
John M. McLaughlin
A partner at Parr Richey Frandsen Patterson Kruse LLP, John M. McLaughlin focuses his practice exclusively on personal injury and wrongful death litigation. From the firms office in Indianapolis, Indiana, he represents residents of Marion, Boone, Hendricks, Hamilton and Hancock counties and other parts of the state who have been harmed by the negligence of other people or entities. The types of cases Mr. McLaughlin has handled throughout his career involve truck and other motor vehicle crashes, medical malpractice, defective products, premises liability, and similar incidents. One of the notable matters he worked on was the collapse of the stage at an outdoor concert during the Indiana State Fair in August 2011, which resulted in several fatal injuries.Mr. McLaughlin has obtained several sizable jury awards and out-of-court settlements during his career, which he has spent entirely at Parr Richey Frandsen Patterson Kruse LLP. These successes as well as his high degree of ethics have earned him a Superb peer review rating through Avvo. In addition, Mr. McLaughlin has been named to both The National Trial Lawyers: Top 40 Under 40 and The National Trial Lawyers: Top 100.Mr. McLaughlin is a graduate of the University of Illinois Urbana–Champaign, where he received a bachelors degree in agribusiness, farm and financial management with honors in 2006. He then went on to attend the Indiana University Robert H. McKinney School of Law in Indianapolis and was awarded his law degree magna cum laude in 2009. Admitted to practice in Indiana, Mr. McLaughlin is also admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana. His professional affiliations include the Indiana Trial Lawyers Association.
James D. Cardea
Award-winning attorney James D. Cardea is known for his work in personal injury cases, particularly those involving medical malpractice and birth injuries. As partner at Schochor, Federico and Staton, P.A. he has secured significant verdicts and settlements on behalf of clients throughout Maryland and Washington, D.C.After earning an undergraduate degree from McDaniel College, Mr. Cardea attended the University of Baltimore School of Law. He graduated cum laude with a Juris Doctor in 1995, also earning the American Jurisprudence Award for earning the highest grade in his domestic relations as well as his legal analysis, research and writing courses.The same focus Mr. Cardea brought to his education extends to his practice today. He is dedicated to helping people navigate some of the most difficult moments of their lives through patiently listening to their concerns and thoroughly explaining their options. Although compassionate with clients, Mr. Cardea is known for his aggressive advocacy in the courtroom and in settlement negotiations.For his accomplishments, Mr. Cardea holds honors such as an Avvo Superbrating; earning the highest peer rating possible of AV Preeminent from Martindale-Hubbell; being selected for inclusion in The Best Lawyers in America; being listed in The National Trial Lawyers: Top 100; and receiving the Top 10 Attorney Award from the National Academy of Personal Injury Attorneys.When he is not with clients, Mr. Cardea can be found spending time with his wife and three daughters. He has also coached youth sports, and every year he sponsors a golf tournament in honor of his father, to raise money for the Fox Chase Cancer Center. AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
1211 Saint Paul Street, The Paulton,, Baltimore MD 21202
Kirk R. Presley
As founder and principal of Presley & Presley, LLC, Kirk Presley serves the area of Kansas City, Missouri, focusing exclusively on personal injury and wrongful death cases. He has been representing plaintiffs for nearly 35 years, with an emphasis on general aviation and insurance bad faith litigation, with 100 percent of his practice devoted to Plaintiffs litigation. He is admitted to practice law in Missouri and California, as well as before the U.S. District Court for the Western and Eastern Districts of Missouri.Mr. Presley received his Bachelor of Arts at Drury University in 1980, and then went on to earn his Juris Doctor at the University of Missouri – Kansas City School of Law in 1983. While building his excellent personal injury reputation, he served on the UMKC Law Foundation as a trustee and vice president of development, and has served on Drury Universitys Board of Trustees. He has also received the Law Foundations Presidents Award and the Pat Kelly Service Award.His experience as a successful trial attorney has given him the opportunity to author articles in a variety of publications, including The ATLA Aviation Section Newsletter and Trial Magazine. Mr. Presley has been included in The Best Lawyers of America since 2009, and has received the peer-rated honor of AV-Preeminent from Martindale-Hubbell.The charitable contributions and community service activities Mr. Presley has been involved in include serving as president and board member of the Bacchus Foundation; being elected LEAP Foundation Mardi Gras King for 2005 (Lawyers Encouraging Academic Performance) to raise money for Operation Breakthrough that benefits at-risk children; and serving on the board of directors for the fundraising branch of the UMKC Law Foundation.The Best Lawyers in America® 2013. Copyright 2013 by Woodward/White, Inc. Aiken, SC,AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.
Randy H. McMurray
Randy H. McMurray has distinguished himself as a formidable advocate for the right of victims to compensation in personal injury, civil litigation and civil rights cases in a legal career spanning more than three decades. As managing partner in the Los Angeles, California, law firm of McMurray Henriks LLP, he has won numerous seven-figure settlements and verdicts on behalf of the Southern California clients he represents.A graduate of California Polytechnic State University with a Bachelor of Arts in political science, Mr. McMurray attended Southwestern Law School and graduated with a Juris Doctor. He is admitted to practice law before the state courts of California and the U.S. District Court for the Central District of California. He has been a member of the board of governors of the Consumer Attorneys Association of Los Angeles for more than 15 years and served as its president. The National Association for the Advancement of Colored People named him a Man of Valor in 2011.Mr. McMurray has published articles on public entity liability, implanted medical devices, toxic torts and other areas of the law. He is frequently invited to speak on topics of interest to members of his profession by the Consumer Attorneys of California, the Consumer Attorneys Association of Los Angeles and the Women Lawyers Association of Los Angeles.Among the significant verdicts he has achieved was a $7.6 million jury verdict in a case arising from a police pursuit. His superior skills as a trial attorney, knowledge of the law and high ethical standards earned him the prestigious AV-Preeminent peer review rating through Martindale-Hubbell and the highest rating of a Superb 10 through the peer review service Avvo.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
5670 Wilshire Blvd, Suite 1450,, Los Angeles CA 90036
Bruce W. Bannister
Bruce, W. Bannister is a member of the South Carolina House of Representatives and a partner of the law firm of Bannister, Wyatt & Stalvey, LLC. He focuses on family law, eminent domain and complex civil litigation. He has tried cases involving bank fraud, condemnation, personal injury, premises liability, residential and commercial real estate, zoning, planning and land use. Former House Majority Leader, Mr. Bannister now serves as a member of the Ways and Means Committee and was recently named among Best Lawyers in Greenville, S.C. in the practice area of Governmental Relations.A 1995 graduate of Davidson College, Mr. Bannister attended the University of South Carolina School of Law, where he obtained his Juris Doctor in 1998. The South Carolina Bar admitted him to practice that same year.Widely regarded as one of the leading attorneys in the area, Mr. Bannister holds a Martindale-Hubbell Distinguished peer review rating, and Best Lawyers included him in its list of top attorneys in the region in 2018. He has also facilitated a number of legal courses as an adjunct professor at Greenville Technical College.A native of Greenville, Mr. Bannister gives back to his community through his involvement with various civil and charitable organizations, including Leadership Greenville. He also once served on the board for the Greenville Peace Center and for A Childs Haven, and in 2011, he received the Childrens Hospital Legislative Advocacy Award in recognition for his selfless contributions to the Institute for Child Success.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.Best Lawyers® and The Best Lawyers in America© are registered trademarks of Woodward/White, Inc. The names, logo, and database are protected under the trademark, copyright, and fair use laws of the United States of America. Any use of name, including in electronic form, must be made only by permission and under the guidelines of Woodward/White, Inc.
James H. Furman
James H. Furman is the founder of Furman Law Group in Austin, Texas. Mr. Furman is an aviation attorney and handles matters involving airline, aviation, commuter and military air disasters. He also practices general personal injury law, representing individuals injured in car or other types of accidents. He serves clients throughout the city of Austin.Mr. Furman has over 35 years of legal experience. He has been licensed to practice law since 1981 and is admitted in all Texas state courts, as well as before the U.S. District Courts for the Northern, Southern and Western Districts of Texas and the U.S. Court of Appeals for the 5th Circuit.Over the course of his career, Mr. Furman has litigated airline, airplane and helicopter matters. He previously served as a major in the U.S. Army and spent 20 years in the U.S. Army Reserves.Recognition Mr. Furman has achieved for his accomplishments in the legal profession, include being listed in the publication The Best Lawyers in Americaand receiving an AV Preeminent rating from the peer review organization Martindale-Hubbell. This is the highest rating awarded by the respected association.Mr. Furman is active in the aviation sections of the American Association for Justice and has served in various leadership roles for the organization. He also belongs to the Texas Bar College and the International Society of Air Safety Investigators.After earning a bachelors degree in aeronautical science from Embry-Riddle Aeronautical University, Mr. Furman received a master of business administration degree from the University of North Florida. He attained his law degree from the University of Texas at Austin School of Law.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Stacey E. Burke
Personal injury trial lawyer turned law firm business consultant and legal marketing superstar. Expert in social media marketing and advertising, SEO copywriting, digital marketing, and all things related to law firm business development.Stacey was born in Houston, Texas and lives there as a fourth-generation Houstonian. She graduated early from The University of Texas at Austin in 1997 with a Bachelor of Journalism in Public Relations. She was accepted early decision to the University of Houston Law Center, graduating in 2001, and becoming licensed to practice law in Texas that same year.Stacey worked in maritime personal injury litigation, general personal injury litigation, and mass tort litigation for the majority of her legal career. She gradually transitioned from handling cases to working within the business side of law firms. Stacey is nationally known for her work in establishing effective digital marketing strategies and solutions, social media marketing and community management, strategic event planning and marketing, new case acquisition and intake departments, her knowledge of law firm case management software, and referral attorney management.Stacey serves as a member of the AAJ Publications Committee, AAJ WTLC Publications Committee Co-Chair, on the Editorial Board for the Houston Bar Association, and previously served as Vice President of the Houston Trial Lawyers Association. She is also a member of American Marketing Association, Association of Women Attorneys, College of the State Bar of Texas, Federation of Houston Professional Women, Houston Interactive Marketing Association, Houston Social Media Breakfast, National Association of Professional Women, National Women Trial Lawyers Association, Public Relations Society of America, State Bar of Texas, Texas Top Lawyers, Rising Stars, Top 40 Under 40 (The National Trial Lawyers), and Top 100 Trial Lawyers (The National Trial Lawyers).
John A. Musacchio
John A. Musacchio represents both individuals and businesses in many diverse practice areas across New York State and Vermont.Individual Clients,Mr. Musacchio aids individuals with their estate planning needs, labor & employment matters, personal injury and product liability litigation, criminal and DWI defense, and real estate transactions. Additionally, he proudly represents nurses in defense of their professional licenses.Business Clients,Mr. Musacchio provides a wide range of services to businesses across many industries. His understanding of the legal issues affecting day-to-day business operations, sources of potential liability, the employer/employee relationship, recordkeeping requirements, product liability issues, and discovery in litigation, enables him to assist his clients in managing risk and remaining compliant with relevant Federal and State laws and regulations. With a focus on maximizing benefits to his clients, he has the ability to draft transactional documents, facilitate finance agreements, handle employment/human resource management issues, guide clients through commercial real estate transactions, and defend the business if litigation arises.Mr. Musacchio joined Towne, Ryan & Partners, P.C. after practicing with the litigation team at another prominent Capital District law firm, where he performed trial work in both New York State and Federal Courts. He has also previously practiced with a large, national law firm engaged in complex corporate litigation and the defense of corporations against anti-trust investigations by the United States Department of Justice.Mr. Musacchio is honored to serve on the New York State Bar Association Committee on Disability Rights. He also serves on the Board of Directors for the Italian American Bar Association and as Co-Chair of the New York State Trial Lawyers Association Young Lawyers Committee, Capital Region division. An active member of the local community, he also sings with and serves as President of the Mendelssohn Club of Albany, a 60-member male choir and the oldest continuously active performing arts group in the Capital Region.
Elizabeth Woody Lindquist
A Washington native who is also the daughter of two state senators, Elizabeth Lindquist has over 20 years of experience exclusively representing clients in a broad range of personal injury cases. Ms. Lindquist is dedicated to applying her passion and knowledge to helping clients dealing with the aftermath of auto, pedestrian, motorcycle or bicycle accidents, trucking accidents, premises liability, boating accidents, dog bite injuries, product liability cases, nursing home negligence and wrongful death.A dedicated activist and advocate for the most vulnerable, she worked for a firm that defended the Pike Place Market from the threat of a takeover by out-of-state investors early in her career. Continuing in her parents legacy of political service, she later worked to defeat I-330 and passage of the Insurance Fair Conduct Act, and she was among the principal drafters of amendments to the Claim for Damages Bill.Ms. Lindquist earned her Juris Doctor from the Law School at the University of Puget Sound, now known as Seattle University, graduating as a Merit Scholar. After graduation, she remained in the Seattle area, fighting for the rights of Washington residents. In 1998, she joined prominent area attorney Kirk B. Bernard at his practice, and in 2006, she rose to the position of partner and shareholder at Bernard & Lindquist. She founded Lindquist Law, PLLC, in 2010 in Seattle.Ms. Lindquists dedication to preserving the rights of injured victims led to a position on Board of Governors for the Washington State Association for Justice (WSAJ) in 2007 where she has served as VP of Development, VP for Judicial Relations, VP for Public Affairs, VP for Finance and VP for CLE. Her work at the WSAJ has also allowed her to bring her dedication to victims rights to the legislative arena, having served over 15 years on the WSAJ Legislative Steering Committee.
Wesley W. Metheney
Wesley W. Metheney is an attorney serving clients in Morgantown, West Virginia. He focuses his practice entirely on personal injury, including medical malpractice, products liability claims and more. Mr. Metheney has lived his entire life in West Virginia and is passionate about seeking justice for his clients and helping the residents of his home state. In even the most complex of personal injury cases, Mr. Metheney can exercise his experience and knowledge to help clients seek the best possible outcomes. He is well known for his ability to successfully navigate any case from the first evaluation to trial or settlement.Setting himself apart from others in his field, Wesley Metheney is one of only nine attorneys in the state of West Virginia who is certified by the National Board of Legal Specialty Certification in the areas of Civil Trial Advocacy and Civil Pre-trial Practice Advocacy. In 2010, Mr. Metheney became a member of the National Trial Lawyers Association and was selected as one of the organizations Top 100 Trial Lawyers in the State of West Virginia. In recognition of his excellent client reviews and outstanding record of success, Mr. Metheney has earned the AV Preeminent rating by Martindale-Hubbell. This honor is a distinction given to attorneys who have achieved the highest ratings of professional excellence among their peers and clients. Mr. Metheney has also been selected as a Top Lawyer for eight straight years. In 2014 Mr. Metheney was selected as one of the Top Ten Lawyers in the State of West Virginia by the National Academy of Personal Injury Attorneys.Wesley Metheney is actively involved in various legal associations. He has been successful in resolving several landmark cases on behalf of clients, including motor vehicle accident cases, medical malpractice and wrongful death cases. When West Virginia residents suffer an injustice or seek financial compensation for injuries, they often turn to the assistance of Wesley Metheney.AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards
Jonathan P. Hayes
As a partner at Goldstein & Hayes, PC, located in Atlanta, Georgia, Jonathan P. Hayes devotes his practice to representing families and individuals who have suffered a wrongful death or catastrophic injury. Typical cases involve medical malpractice, motor vehicle accidents, injuries related to product liability, tractor-trailer accidents and swimming pool incidents. Mr. Hayes represents clients in Georgia and throughout the southeastern United States.Mr. Hayes received a bachelors degree from the College of Charleston in 1994. He then went on to attend Mercer University Walter F. George School of Law and was awarded his Juris Doctor in 2000. While in law school, he clerked for a judge on the Superior Court of Fulton County. Admitted to practice in Georgia, Mr. Hayes is also admitted to practice before the U.S. District Courts for the Northern and Middle Districts of Georgia, the U.S. Court of Appeals for the 11th Circuit and the Supreme Court of the United States.The superb track record of Mr. Hayes in obtaining significant verdicts and settlements on behalf of his clients has resulted in his receipt of numerous accolades from fellow professionals. He has been given an AV Preeminent peer-review rating through Martindale-Hubbell, and he has been selected as a member of both The National Trial Lawyers: Top 40 under 40 as well as The National Trial Lawyers: Top 100. Mr. Hayes has also received a 10.0 Superb peer-review rating through Avvo, and he is an active participant in several professional groups, including the American Association for Justice, the Atlanta Bar Association, the Georgia Trial Lawyers Association and the Lawyers Club of Atlanta. He is also a member of the nonprofit National Drowning Prevention Alliance and the Million Dollar Advocates Forum.AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
One Buckhead Plaza, Suite 1000, 3060 Peachtree Road, Northwest,, Atlanta GA 30305