Passenger’s medical bills alone were in excess of $25,000, but the policy limits protect the insurer from paying more than $25,000 per person. I tend to talk about auto insurance—a lot. Why try to learn another whole job when an attorney can do it for you? I will discuss the litigation process later in this article, but my point is that a good lawyer should be able to explain to you what will happen in every phase of your claim and to address every possible situation that might arise.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.
Injuries sustained during Recesses: Injuries sustained during recesses or lunch breaks generally do not fall under the work-related category. For instance, it is not possible for you to claim workers’ comp if you hurt your joints as you walked to the local food shop to get lunch for yourself or for others. But, you can do so if you were told to pick up lunch for your employer as well.
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.
Recent legal blog posts
I believe my clients’ energies are best spent on healing their physical and emotional injuries, and on spending time at their jobs and with their families, not worrying over a rude defense attorney. Four days later, Brenda returned to the emergency room in premature labor. Sometimes, mostly due to lack of trust, neither side is willing to make its best offer to get the case resolved. You don’t climb mountains without a team, you don’t climb mountains without being fit, you don’t climb mountains without being prepared and you don’t climb mountains without balancing the risks and rewards.Read More
How many people are killed each year in motorcycle accidents? Can I still make a claim for my injuries? With these claims, you must hit your demand amount. If you are prescribed home exercises, then do them. Let me illustrate this point with this example: The defendant runs a red light and crashes into my client’s car on the driver’s side.Read More
In fact, they could be blaming YOU for causing the wreck. The insurance company may not make you any offer, or at least not a fair offer, as they think that delay can work to their advantage. You overtreated for your injuries. You also mention your left arm. What happens when you tell the insurer about your herniated disk? They’ll replay the recorded statement that doesn’t mention the lower back so they deny that part of your injury claim.Read More