I advised the insurance company that I would make Alex available for a statement at an appropriate time. Others just don’t think it’s right that their company should have to pay for damages caused by someone else. My lawyer and I agreed that the risk of attending the examination was minimal. At times, it may be necessary to communicate more frequently, but this is a minimum. The burden was on Peter and me, his lawyer, to prove that the injuries were related to the accident and to make the insurance company pay.Read More
Workplace Accident Claim
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.
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.
Similarly, if you sustain an injury while having your lunch on company grounds (like the cafeteria) you are free to claim the benefits as the injury is work-related. However, there won’t be any workers’ comp coverage available if you were found doing something that is not permitted or if the act falls under some other exception to the coverage. For example, a Connecticut court discovered that in a case in which an employee was allegedly hurt while she was walking, the incident fell under the exception according to state laws regarding recreational activities. Different states have different laws concerning work-related injuries and you are required to know them.
Case of Wrongdoings: In some states, injuries inflicted due to the misconduct of a worker are still covered by the workers’ comp. Even when the worker is hurt while doing something that is not allowed by the employer, the worker may still be able to avail the benefits depending on the degree of the wrongdoing. Under the workers’ compensation act, employees cannot file a case for work-related injuries against their employer. However, depending on where you reside, the injuries are covered no matter whose fault it is.
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
I do not allow such an expedition, and I discourage everyone from providing unlimited medical authorizations to the insurance company. Once your treatment is completed, the primary role of your attorney changes from being a protector to being an advocate. All she had done was tell her doctor what she was experiencing and followed his recommendations. This contains deadlines for all kinds of events that take place before trial. In this situation, a negotiated settlement was all but impossible, so we filed a lawsuit and named the City of Seattle, the adjacent landowner and its tenant, and King County as the defendants.Read More
First, let me say this: I could write a whole article on trials. I would like to offer you a free, no-obligation legal consultation by phone, in person, or by Skype. But if they are drinking, the last thing they need to do is get behind the wheel. You are still responsible for paying your creditor the extra $5,000. I thanked him for his kind words but told him I did not have the time to deal with it.Read More
Surgical history Any current medications Any allergies And then the note will deal with the HPI - or history of present illness. So you must fight them to get them to accept the injury. ” Let me explain this in more detail. whether or not the injuries will be permanent. Not only to their attorney’s advice, but to the adjuster’s arguments.Read More
Top Lawyers Pick
- Linda Chalat
- Daniel Q. Herbert
- David J. Kupets
- Gregory L. Laker
- Michael B. Lammers
- Joseph P. Tunstall, III
- Mark E. Defossez
- Marianne M. Malek
- Barry Harris Hinden
- Shane M. Burroughs
- Daniel L. Clayton
- Joseph A. Zdrilich
Linda Chalat has over 25 years of experience as a Colorado personal injury lawyer.As a partner with Chalat Hatten & Banker PC, in Denver, Colorado, Linda Chalat concentrates her practice on medical malpractice cases, defective product claims and recreational accidents. Prior to law school, Ms. Chalat worked in industry as a chemical engineer, and brings her understanding of the technical aspects of an accident to effectively advocate for her clients. Ms. Chalat also oversees the technology used by the firm to best serve our clients, including maintaining the firms website, social media and blogs which provide current legal information for Colorado consumers and personal injury victims. She was interviewed by KJCT8 Grand Junction regarding her ski safety blog. She has published articles and spoken at professional seminars concerning ski litigation, attorney ethics and malpractice, and general practice tips.Linda Chalat has been recognized by her peers for inclusion on the 2011-2018 Colorado SuperLawyers list. She was also named to the TOP 50 WOMEN COLORADO SUPER LAWYERS in 2012 and 2013. She has been named to the Best Lawyers of America list in 2015 through 2018.She has earned a DISTINGUISHED™Rating by Martindale-Hubbell®, the authoritative resource for information on the worldwide legal profession. Attorneys with an Distinguished™ Rating from Martindale-Hubbell® are those that have been recognized by their peers to be the best in both legal ability and ethical practice. She has also received an Avvo rating of 10 as shown on her Avvo profile.Linda is available today and would like the opportunity to discuss your case:303.861.1042
Daniel Q. Herbert
Daniel Q. Herbert is nationally recognized for his work representing police officers in high profile cases in Cook County criminal, civil and federal courts. Currently, he is representing Chicago Police Officer Jason Van Dyke charged with the first degree murder of Laquan McDonald. Herbert was named to the list of Top 100 National Trial Lawyersby the National Trial Lawyers Association in 2014. Herbert was also selected to the list of the 2015 Global Directory of Whos Who, Top Lawyer. In 2016 his firm was recognized as the Best Services Law Firm in Chicago.,Herbert launched his law firm, The Law Offices of Daniel Q, Herbert and Associates, in 2010 after working as a Chicago police officer, Cook County states attorney and an in-house attorney for the Fraternal Order of the Police. Herberts niche, boutique firm focuses on representing police officers and their families who are injured or need help. Herbert has successfully represented hundreds of police officers in criminal, civil, family law, personal injury and administrative proceedings. Herbert has a tremendous record of success arguing cases before the Chicago Police Board including recently an unprecedented 13-0 winning streak.Born and raised on Chicagos Northside, Herbert followed in his fathers footsteps and worked as a Chicago police officer for nearly 10 years. He received numerous awards, including the Distinguished Service Award for his role in the shooting and apprehension of a dangerous offender. Herbert was named after his fathers first partner, Daniel Quinnan, who was shot and killed in the line of duty in 1966. During his tenure on the CPD, Dan attended night school and earned a Masters Degree in Criminal Justice from Lewis University, then enrolled in law school and earned his Juris Doctorate from DePaul University College of Law.After graduating from law school, Herbert worked as a Cook County Prosecutor for four years. He worked in the Felony Narcotics Unit where he handled street level and long-term conspiracy cases and in the Felony Trial Division, prosecuting violent crimes including armed robberies, criminal sexual assaults and murders. He was lead attorney in more than 100 trials.Herbert also served as in-house counsel for the Fraternal Order of Police, Chicago Lodge #7 for five years. He represented hundreds of officers and their families in personal injury cases, criminal, civil, labor and administrative proceedings.Herberts experience and record of success have made Herbert Law the go-to law firm for law enforcement officers and their families.
David J. Kupets
David J. Kupets is a partner with Kupets & DeCaro, P.C. located in Chicago, Illinois. He focuses his practice exclusively on personal injury law, representing plaintiffs throughout the area who have been harmed by the negligence of others in motor vehicle accidents, wrongful death, construction accidents, premises liability, workplace accidents, aviation accidents and products liability.Mr. Kupets earned his Juris Doctor from The John Marshall Law School in 1988. While in law school, he was a member of Phi Delta Phi, the international legal honor society, and was appointed as the chief justice of the schools moot court program. Admitted to practice in Illinois, Mr. Kupets is also admitted to practice before the U.S. District Courts for the Southern, Northern and Central Districts of Illinois. Early in his career, he became known for his extensive work on behalf of plaintiffs in several airline disasters, and he was appointed a member of the plaintiffs steering committee in multidistrict litigation arising out of a 1994 Flagship Airlines crash.Mr. Kupets has won numerous multimillion-dollar settlements and verdicts on behalf of his clients, including a jury verdict of more than $5 million for a motor vehicle accident involving his client and an on-duty police officer. As a testament to his superb track record and high ethical standards, he has received an AV Preeminent peer-review rating through Martindale-Hubbell, and the significant awards and settlements he has obtained for his clients has led to his membership in the Million Dollar Advocates Forum. Active in several professional organizations, Mr. Kupets serves on the board of managers of the Illinois Trial Lawyers Association and is a member of the American Association for Justice.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. David has been selected as a member of the nations top one percent of lawyers by the National Association of Distinguished Counsel Distinguished and a charter member of the Rue Ratings Best attorneys of America.
Gregory L. Laker
Compassionate and full of experience dealing with families that are going through the hardships caused by a traumatic injury, Gregory L. Laker is a partner at Cohen & Malad, LLP. He represents those in Indiana and the rest of the midwestern United States in legal cases of personal injury, particularly those related to medical drugs and pharmaceuticals, and civil litigation for sexual abuse cases. Over the past 30-plus years, he has represented clients who have been injured by Yaz, vaginal mesh, Zofran, Levaquin, contaminated steroid injections, Skechers shoes, testosterone replacement therapy, and NaturaLyte and GranuFlo dialysis products.Mr. Laker is admitted to practice in the U.S. District Court for the Southern District of Indiana, the U.S. District Court for the Northern District of Indiana and the state of Indiana. A member of the Indianapolis Bar Association, the Indiana Trial Lawyers Association, the Indiana State Bar Association and the American Association for Justice, he has been named by the Indiana Lawyer newspaper as a Distinguished Barrister and an Indiana Local Litigation Star by the Benchmark Plaintiff.Passionate about representing parents who have dealt with an injured child or a child who has died because of a personal injury, he is also a Riley Society board member at the Riley Hospital for Children. Mr. Laker has taken on pain pump manufacturers for clients who developed chondrolysis from the insertion of a pain pump after shoulder surgery. Chondrolysis is a permanent painful condition that destroys the cartilage on both sides of a joint.At Indiana University in 1981, Mr. Laker earned a Bachelor of Science in business management, and he obtained a Juris Doctor from the Indiana University School of Law in 1984. He is also a certified family law mediator.
One Indiana Square, Suite 1400,, Indianapolis IN 46204
Michael B. Lammers
Mike Lammers advocates for Minnesotans facing trying times. His practice is focused on plaintiffs civil litigation in the areas of personal injury and wrongful termination. Mike has experience in myriad aspects of the court system including jury trials, administrative hearings, arbitrations, mediations, and settlement conferences. Mike received his bachelors degree in religious studies from the University of Iowa and his law degree from the University of St. Thomas School of Law. Mike is also a military veteran, having served in the Navy during the first Gulf War. He is an active member of the HCBA and Minnesota Association for Justice and serves as a mentor to law students at the University of St. Thomas School of Law.
Joseph P. Tunstall, III
Attorney Joseph P. Tunstall, III has tried numerous civil cases including trial and appeal of personal injury cases, Social Security Disability claims, and workers compensation claims. He has handled cases in every level of state court, including the North Carolina Supreme Court and federal court.Partner in the firm OMalley Tunstall, PLLC, Mr. Tunstall joined the firm in 2000 and became partner in 2006. He practices out of the firms two offices, located in Tarboro and Raleigh, North Carolina. Mr. Tunstall is an active member of the North Carolina Academy of Trial Lawyers. He received his law degree from Wake Forest University.
Mark E. Defossez
Mark E. Defossez is a personal injury attorney in Ohio and a member of the team at The Donahey Law Firm. With the highest civil jury verdicts in Gallia, Licking and Franklin counties and over 24 years of experience, he is committed to obtaining substantial compensation for every client involved in a personal injury or harmed by the carelessness of another. For his commitment to legal ethics and professional accomplishments, he earned the highest peer rating possible of AV Preeminent from Martindale-Hubbell.Admitted to practice in Ohio and Massachusetts, Mr. Defossez has a Bachelor of Science from Northwestern University and a Juris Doctor from Boston College Law School. His practice focuses on injury cases such as aviation/helicopter crashes, railroad/train accidents, animal bites, workers compensation claims, elder abuse, products injuries and liability, work-related injuries, uninsured motorist claims, wrongful death, automobile accidents, birth injuries and medical negligence.Mr. Defossez is a member of the professional organizations such as the Ohio Association for Justice, the American Association for Justice, the Ohio State Bar Association, the Franklin County Trial Lawyers Association and the Columbus Bar Association. Well-versed in insurance law and with extensive trial experience, he is prepared to take his cases as far as necessary to protect the best interests of his clients.Involved in several multimillion-dollar cases awarded to clients of the firm, Mr. Defossez was responsible for an $8.5 million verdict after a worker lost part of his arm in a workplace accident. He brings that same passion to every case to protect the rights of every person in the state of Ohio. 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.
Marianne M. Malek
Attorney Marianne M. Malek is the managing partner of Guy Levy Law in San Diego, California. Serving innocent accident victims and their families throughout the greater San Diego metro region and the surrounding areas of Southern California, Ms. Malek focuses her practice on helping those who suffered an injury or lost a loved one because of a workplace accident or as the result of an accident caused by someone elses negligence or wrongdoing.Handling all types of personal injury and workers compensation claims, she has helped numerous clients obtain justice in the wake of motor vehicle accidents, slip-and-fall accidents, pedestrian accidents and other preventable tragedies. Over the course of her more than six years practicing law, Ms. Malek has recovered millions of dollars in settlements and awards for her plaintiff clients, and she has earned a reputation as a passionate trial advocate who always strives to help her clients achieve the most favorable outcomes possible for their situations.Early in her career, Ms. Malek served in the family protection unit of the San Diego County District Attorneys Office, where she gained invaluable trial experience that has served her well in her civil litigation practice. Active in her legal community, she is a member of the Consumer Attorneys of San Diego, the Consumer Attorneys Association of Los Angeles and the San Diego County Bar Association, among her other professional affiliations.Regarded as an emerging leader in her field, Ms. Malek was one of the youngest attorneys ever to receive membership in the Million Dollar Advocates Forum, and she has earned numerous awards and honors for her professionalism and service, including a Superb rating from Avvo and five-star ratings from Yelp, Google and other client-review sources.A graduate of the University of San Diego, Ms. Malek attended the California Western School of Law, where she obtained her Juris Doctor in 2012. She also received her MBA from Point Loma Nazarene University.
Barry Harris Hinden
A trial lawyer with 40 years of experience, Barry H. Hinden is the senior partner and founder of the Los Angeles, California, firm Hinden & Breslavsky. The firms 18 Attorneys and professional staff of 95 have devoted their practice to restoring the benefits wrongfully denied to injured workers. He is the past President of CAAA, an Attorney organization committed to fight for civil rights and the elimination of workplace discrimination.A prolific author, Mr. Hinden has authored over 80 books and publications, and has been a guest lecturer in more than 100 seminars, teaching the principles of workers compensation to doctors & lawyers. He was an adjunct professor at Southwestern University, an arbitrator and a judge pro tem. His passion is helping to restore dignity and self esteem to those whose occupations and lives have been altered due to an industrial injury.
Shane M. Burroughs
Shane M. Burroughs is co-founder of Lanier & Burroughs, LLC, a personal injury law firm located in Orangeburg, South Carolina. Mr. Burroughs has successfully represented clients across the state of South Carolina at all levels of state and federal courts, as well as other jurisdictions. He represents clients injured by the wrongful or negligent acts of others, often in cases of catastrophic personal injury or death. The majority of his cases involve tractor trailer accidents, motor vehicle collisions, premises liability, products liability, automotive defects, traumatic brain injuries, wrongful death, medical malpractice, nursing home negligence, pharmaceutical/drug liability, personal injury, insurance bad faith, workers compensation, and class action litigation.Mr. Burroughs has settled or tried to verdict numerous cases resulting in recoveries of over one million dollars, which combined total nearly $100 million. He has served on the Board of Governors and Executive Committee of the South Carolina Association of Justice. He is also active in a number of other professional organizations, including the South Carolina Judicial Conference, Southern Trial Lawyers Association, Association of Plaintiff Interstate Trucking Lawyers of America, The American Association for Justice. His honors and awards include recognition from the Million Dollar and Multimillion Dollar Advocates Forum, National Trial Lawyers Top 40 under 40 (2013-2014), The American Society of Legal Advocates Top 40 Litigation Lawyer under 40 (2014), ASLA Top 100 Litigation Lawyer, South Carolina (2016), and 1st Judicial Circuit Representative of the Young Lawyers Division (2007). He has received the highest possible rating for both legal and ethical standards by Martindale Hubbell.Shane and his wife Angela are active members of the Orangeburg community, are members of First Presbyterian Church, and have four boys. Outside of the office, Shane enjoys mentoring the youth of the community whether on the sports field or in the classroom. He also enjoys hunting, fishing, playing golf, and attending University of South Carolina sporting events.
Daniel L. Clayton
Daniel has handled numerous high-profile cases that have received local and national media attention including the death in an automobile wreck of the worlds most decorated aerobatic pilot (whose planes are on exhibit at the Smithsonian Institute in Washington, D.C.); the wrongful death of a woman after the car she was driving was hit in the rear-end by a tractor-trailer, causing the car to burst into flames; the permanently disabling injuries a man received when a deck collapsed because of improper construction; the death of a well-known Nashville pharmacist after his CT scans were misread, and severe injuries a lady received after pure 99.9% acetic acid, instead of a 4% solution, was used on her during a gynecologic procedure. In March 2010, Randall L. Kinnard and Daniel Clayton obtained one of the largest jury verdicts in a medical malpractice case in Tennessee history - a $22.4 million dollar verdict (Federal Court, Chattanooga) in a case where a woman went to the hospital with a broken leg, and ended up paralzyed fromt he waist down. He has successfully handled multiple brain injury cases including birth trauma injuries. Daniel was named Best Lawyers - 2015 Lawyer of the Year - Medical Malpractice Nashville. Daniel previously received the Lawyer of the Year award in 2012.
127 Woodmont Boulevard, Nashville TN 37205
Joseph A. Zdrilich
Attorney Joseph A. Zdrilich is the founder and owner of The Zdrilich Law Group located in Duluth, Georgia. Serving clients throughout Gwinnett County and across the state, Mr. Zdrilich possesses extensive knowledge and experience in many different legal areas, and he is fully committed to helping his clients achieve the best possible results for their legal challenges involving any of the following:,·Personal injury claims resulting from car and truck accidents and other preventable tragedies,·Family law and divorce, including child custody and support issues as well as post-judgment modifications, alimony disputes and more,·Real estate law,·Bankruptcy,·Criminal defense,A graduate of the University of Richmond, Mr. Zdrilich attended Syracuse University College of Law, where he obtained his Juris Doctor in 2005. The following year, he received his license to practice from the State Bar of Georgia, and he also practices before the U.S. District Courts for the Northern and Middle Districts of Georgia as well as before the U.S. Court of Appeals for the 11th Circuit.Highly active in his legal community, Mr. Zdrilich has served in a number of leadership roles with the Gwinnett County Bar Association, and he is also heavily involved with the State Bar of Georgia and the Georgia Trial Lawyers Association. He is also a member of the Lawyers Club of Atlanta, and he has received top ratings from both his clients and peers alike for his impeccable professionalism and exceptional trial advocacy skills.Committed to his local community as well, Mr. Zdrilich serves the Lawrenceville Kiwanis Club, and he provides pro bono representation through his involvement with Gwinnett Legal Aid.We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.