What Damages are Awarded?

Did you suffer permanent injury? Is it difficult to calculate the damages of your pain and suffering?...

What Damages are Awarded? What Damages are Awarded?

Filing a Wrongful Death Claim When the Deceased Did Not Have a Job

You may have a family member who died a tragic death that you believe was a wrongful death. How do you know for sure? A wrongful death is a death that has been brought about due to the irresponsibility, recklessness, negligence or intentional behavior of another party. This may have been one individual, more than one individual, an entity or a company.

You know that nothing can give back the life of your family member, but you would like to see the party or parties responsible for the wrongful death of your family member held accountable for their death. Have you considered filing a wrongful death claim?

Wrongful death lawsuits can compensate the family of a breadwinner who suffered a wrongful death due to the negligence of another person, but what if the deceased did not work or has never worked? Are you allowed to file a wrongful death claim? And if you are allowed to file a wrongful death claim, is it a good idea? What damages could you hope to recover?

Wrongful death laws and statutes vary from state to state. There are a minority of states that will not allow you to file a wrongful death claim for non-economic damages. These are damages for losses that are not financial. However, the majority of states will now permit you to file a wrongful death claim for recovery of non-economic damages. So this means that even if the deceased was not working and earning an income, most states recognize that their death does cause your family loss.

For instance, what if the mother of the family dies? She may not have been supporting the family economically, but no one would argue that her death does not cause the family substantial non-economic loss. The good news is that most states now agree.

The best thing to do is to go to www.personalinjuryplace.com where the attorneys will know what the wrongful death statutes and laws are in your state. The attorneys at www.personalinjuryplace.com will be able to advise you on whether it would be wise to proceed with a wrongful death claim.

If your family member was an adult who could have been employed at the time of their wrongful death or a homemaker, even though they may never have had a job, your family may, under certain circumstances, be able to recover damages.

Personal injury lawyers can review your wrongful death claim and help you estimate the loss of wages that you family member might have earned in the future or what it would cost to replace the services that are done by a homemaker. Do not hesitate. There are time limits on wrongful death statutes and laws.



Filed under: General Information,Personal Injury — Tags: , , — Beth Losure @ 12:44 pm

Teenage Bullying Hits Cyberspace and Lawyer Dad Fights Back

Add one more weapon to the arsenal of teenage bullying. Pranks in the bathroom or notes passed in the classroom, these childhood tactics to harass and annoy are passé in 2011. Kids now are resorting to “cyber bullying” using technological innovations such as Twitter and Facebook.

According to The Houston Chronicle, one Texas dad is fighting back by filing a defamation lawsuit against students who have posted derogatory remarks and a video on Facebook about his daughter.

Jason Medley, a Texas lawyer, first attempted to resolve the issue with school officials and the girl’s parents by issuing a cease-and-desist letter. When the families failed to meet the demands of the letter, which included stopping all communication with his daughter and donating $5,000 each to the non-profit Centre for Safe and Responsible Internet Use by early June, he filed a defamation suit against the girls.

The issue of this case, as reported by The Houston Chronicle, is defamation, and the accusation is that these girls used false statements that “impute sexual impropriety and misconduct” to Medley’s daughter. Medley also contends that the video provides evidence that the girls intended to physically harm his daughter.

Parents everywhere will be watching this case. Some would argue that this case should never have been filed in court and it should be discussed between parents and school administrators. Others contend that if defamatory statements are made and an amicable resolution cannot be found, taking it to the courts may have been Medley’s only remedy.


What is Defamation?

Defamation can take many forms. Defamation is false or negative information about a product, group or person. It can include any statements which are false but are made as if they were true. The defamatory statements must be made or communicated to other people other than the victim.

Defamation can include slander which is spoken words, sign language or gestures. If the defamation is pictures or printed words it is called libel.


Winning a Defamation Lawsuit

Defamation lawsuits are like other personal injury claims, and there are specific legal aspects which must be proven to win damages. To win a defamation suit the plaintiff must prove:

  • The statement or written words were false.
  • The statements were published or shared with a third-party.
  • The statement caused injury or loss. This could be to the reputation of the plaintiff or in some jurisdictions, mental anguish.

    • Under some conditions, it may be possible to prove defamation without proving loss or damage. There are four types of defamation called “defamation per se,” which are considered defamatory if they are made and they are false. These include claiming that a person has STD or highly contagious disease, they are guilty of sexual misconduct, they have committed a crime or they are inept at business.

    Defamation laws for public figures are a bit more complicated and allow some statements to be made which might be considered defamatory if they were made against a common person. Government officials, officers of large corporations, and movie stars must prove not only that the defamatory statement was false but that the statement to defraud was made with “malice” and with “disregard for the truth”.


    Hiring a Personal Injury Lawyers

    Defamation can cause severe personal loss, emotional suffering and loss of profits for a business. Filing a defamation suit generally should not be your first action to resolve minor disputes, but if you have attempted reconciliation and your actions have not stopped the defamatory actions, a personal injury lawyer can help.

    Personal injury lawyers understand the law and can review your defamation claim and determine if you have a personal injury case.

    Some claim that parents and administrators have over reacted to bullying; others claim that not enough has been done to stop bullying. With the tools that students have today, parents and administrators will have to be more vigilant to stop adolescent pranks and harmful actions. This time, one Houston dad said enough is enough.



    Filed under: General Information — Tags: , , — Beth Losure @ 9:23 am

    Eight Steps to take if you have caused a Car Accident

    What should you do if you are in a car accident? What if the car accident is your fault? What if you are only partially to blame? If you are involved in a car accident it is time to take steps to protect yourself.

    Several steps should be taken prior to operating a motorized vehicle such as checking your tires, brakes and lights to make sure your vehicle is safe to drive. But what about after an accident, what steps should you take immediately after the car accident?

    Eight steps to take if you have caused a car accident:

    1. Make sure that all parties in the accident are safe. If someone needs medical assistance, call 911. Do not move anyone who is injured unless they are in imminent danger.

    2. Contact your insurance company immediately. If you are involved in a car accident or if you have been sued after a car accident, call your insurance company and find out if you liability coverage provides legal representation. If you do not have insurance you may need to hire a personal injury lawyer to review and defend your personal injury claim.

    3. Whether you have caused the accident or not, take pictures of the accident scene. Photographs can be strong evidence which can be used to prove your innocence or to prove that the other driver is partially responsible for the car accident.

    4. Gather information from all of the drivers involved in the accident including their name, phone numbers, license plate numbers and insurance information.

    5. Gather witness names, phones numbers and statements.

    6. Do not admit fault. You may think the accident was completely your fault, but you need to allow the courts to make the legal determination for fault.

    7. Talk to your car accident lawyer to find out how your state determines compensation. In some states you may not have to pay compensation to another driver in a personal injury claim if you can prove that the other driver was partially at-fault for the accident. In other states the plaintiff may not be entitled to compensation if they are more than 50% or 51% responsible for the accident.

    8. If the insurance company agrees to make a settlement offer and forego a personal injury trial, discuss the pros and cons of this option with your defense lawyer. Under some conditions, it may be wise to settle a claim and avoid the costs of going to court

    Hiring a Personal Injury Lawyer

    If you have insurance coverage you should be provided with a lawyer. Do not wait to get the help you need. Do not seek your own legal counsel without first finding out what the insurance company will do for you.

    If you do not have car insurance or your coverage does not provide a personal injury lawyer, it may be time to find your own personal injury defense attorney. Personal injury defense lawyers are your advocate if a personal injury claim is filed against you. They will advise you of your rights and advocate for you. They will review the personal injury claim, monitor the process, respond to allegations and legal requests and review information and discovery from the plaintiff’s attorneys.



    Filed under: General Information,Traffic Accidents — Tags: , , — Beth Losure @ 2:02 pm

    Someone was Injured on my Property

    Impact Sprinkler Mechanism

    Image via Wikipedia

    Many of us own a home and until someone gets injured on our property and sues us, we give premise liability law very little thought.

    Take for instance a recent case in Florence County where a homeowner was sued in a premises liability case. In this premise liability case a workman claimed that a dangerous condition had been created by a homeowner because the homeowner had left the sprinkler on and the water from the sprinkler wet the workman’s ladder and caused the workman to fall. The workman sustained serious injuries and was suing the homeowner for $650,000.00. The jury found for the defense.

    In another Berkeley County case a deliveryman sued a homeowner when he twisted his ankle in a hole on the homeowner’s property. Unfortunately, the deliveryman needed three surgeries on his foot and lost substantial wages from the accident. The defendant’s attorney argued their client had no knowledge of the hole and their actions had not created the hole. The trial court granted the defendant’s motion for a directed verdict.

    These examples are common injuries which could occur on anyone’s property. Workman, deliverymen, lawn workers, neighborhood children, we assume a risk for every person that we invite onto our property. Does a homeowner have a duty towards guests?

    Homeowners do have a responsibility or duty to exercise ordinary care toward those individuals they have invited onto their property, either by express or implied invitation. Workers and contractors are generally considered invited guests.

    So what is ordinary care? It requires you as the homeowner to maintain safe conditions on the property. This includes eliminating all dangerous and hazardous conditions including: water, ice, snow, abrupt changes in flooring, poor lighting, or a hidden hazard, such as a hard to see hole in the ground.

    In premise liability cases the courts will evaluate whether the owner had knowledge of the hazardous condition and whether they took appropriate steps to fix the condition or to adequately warn and protect persons who have been invited onto the property.

    If the owner does not admit they knew about the condition, the court will evaluate if “constructive notice” existed, which means the hazardous condition had been present for a sufficient amount of time, and the homeowner should have noticed it if they had done a sufficient inspection of the property.

    Homeowners Insurance and Premise Liability Lawsuits

    So what do you if someone is injured on your property? Contact your insurance company and find out what type of home liability insurance coverage you have for your property (ideally, you already know). Homeowner’s liability insurance provides financial protection for you in case someone is injured on your property. Liability coverage will pay a certain amount in damages for injuries to another person if they are injured on your property. If the injuries were your fault, hopefully your insurance policy will cover the damages of the injured party. If the injuries were not caused by your negligent actions, you should contact a personal injury lawyer for help.

    Hiring a Personal Injury Lawyer

    Personal injury lawyers can help plaintiffs who have been injured on another person’s property or they can defend claimants who have been sued for an injury on their property.

    If you have been injured on another person’s property, you may be awarded damages from the homeowner’s insurance. It is important not to make a statement to the insurance company or accept a settlement payment until you are fully aware of the cost of your personal injuries and you have discussed your case with a personal injury lawyer.

    Although many injuries are minor, some injuries can be very serious. Rehabilitation costs, medical costs and lost wages caused by your personal injury can be very high. Personal injury lawyers have handled hundreds of cases; many just like yours. They can review your claim and make sure your get the compensation you need to recover from your personal injury.

    Enhanced by Zemanta


    Filed under: General Information,Injuries — Tags: , , — Beth Losure @ 1:40 pm

    Do I have a Wrongful Death Claim?

    If someone you love has died from the negligent actions of another person or from a defective product, you may be entitled to compensation for their wrongful death.

    For example, recently the family of a Cleveland man who was killed during a robbery in 2009 at a local bar has filed a wrongful death lawsuit against the security company and building owners. The family claims the security officers did not do enough to stop a group of men from killing the victim, Jeremy Pechanec, who was shot in his parked car across the street from the Cleveland bar. Jeremy Pechanec’s family is asking for more than $100,000 in damages in their wrongful death claim.

    Will this family win their wrongful death lawsuit? To win their wrongful death claim they will have to prove that the security officers and the building owners owed Mr. Pechanec a duty of care, which they breached, when they failed to protect him. The family will also have to prove that this breach of duty or negligence caused or contributed to the death of Mr. Pechanec. They must also prove that they have suffered loss from the death.

    This wrongful death claim was caused by a criminal action on the part of the perpetrator, and if caught, they will likely face criminal charges, but the Pechanec family is also claiming that the security officers and building owner were negligent, and this negligence contributed to Mr. Pechanec’s death.

    Do you have a Wrongful Death Claim?

    All states have enacted wrongful death laws. If you can prove that the death of a family member has caused you loss, and the death resulted from another person’s negligent actions, you may be entitled to compensation. The most common recipients for compensation from a wrongful death lawsuit are the spouse, the children or the parent’s of the victim. A wrongful death lawsuit may only be filed by a personal representative of the victim’s estate.

    Keep in mind, unlike a criminal charge which must be proven “beyond a reasonable doubt”, you may be entitled to compensation if you can prove your wrongful death claim through a “preponderance of evidence”.

    Even if a family does not win a guilty verdict in a criminal trial, they may attempt to recover compensation for their losses through a civil lawsuit. This is similar to what happened several years ago in the O.J. Simpson murder trial. Although he was found not guilty in his criminal trial, the family of Nicole Simpson successfully won a civil claim against him and he was required to pay them compensation for their loss.

    What type of Compensation Can You Expect to Win in your Wrongful Death Claim?

    If you win the wrongful death claim you can expect payment for your economic losses. This is called a pecuniary loss and can include payment for lost wages, pensions, funeral costs, medical costs and lost inheritance. To determine your pecuniary loss a legal expert can review the age of the victim, their potential life expectancy, and their future earning ability.

    You may also be entitled to punitive damages if the wrongful death was caused by the intentional or malicious actions of another person. Some states allow punitive damages to be assessed to punish the defendant, others do not.

    Hiring a Wrongful Death Attorney

    The statute of limitations for filing a wrongful death case varies in all states. The amount of time allowed may be different, depending on the type of claim. In general, most states will allow approximately one to three years for claims to be filed after the death occurs.

    Do not wait to talk to a wrongful death lawyer. Wrongful death attorneys understand the law and can review your wrongful death claim. If someone you love was killed by a defective product, talk to a wrongful death lawyer who specializes in product liability claims.



    Filed under: Claims, Compensation, Settlements,General Information — Tags: , , , — Beth Losure @ 12:08 pm

    What Should I consider before I settle a Personal Injury Claim?

    If you have been injured due to the negligence of another person and you need compensation for your injuries, you have the legal right to file a personal injury lawsuit against the perpetrator, but you must prove several elements of your personal injury claim:

    • Did the other person owe you a duty of care?
    • Did their actions breach that duty?
    • Were their actions the proximate cause of your personal injury?
    • Did you suffer actual loss or damages due to their negligent actions?

    Considerations prior to settling a Personal Injury Claim

    If you have spoken with a personal injury lawyer and the two of you have decided you have a solid personal injury claim, you and your personal injury attorney will need to decide whether you should settle your personal injury claim or whether you should take your personal injury case to court.

    There are many factors to consider before making your final decision. In this blog we are going to discuss the top 5 considerations:

    1. The defendant’s insurance coverage

    If you have been injured due to another person’s negligence you may have high medical expenses. Medical bills can include: emergency room visits, MRI testing, radiology services, costs for the medical equipment, doctor visits, and chiropractor, dentist, massage therapist, acupuncturist, homeopathic doctor, and physical therapist expenses.

    Before settling a personal injury claim you will need to review the defendant’s insurance policy and the amount of compensation you may be entitled to receive. Whether it is payment from the defendant’s car insurance or homeowner’s insurance or whether you were injured at a store (premise liability), it is important to understand if your personal injuries and the associated medical costs can be paid in a timely manner.

    If medical compensation is provided by the defendant’s insurance, they may be more likely to try to prematurely end benefits. You need to make sure you find the treating source that is most likely not to interfere with your medical care.

    2. The time and energy needed to file the personal injury claim

    If you have suffered severe injuries, you may not have the time or energy to fight a protracted legal battle in court. Hiring a good personal injury lawyer, who is able to negotiate a fair settlement for your loss, may negate the need to take your case to court.

    Keep in mind that personal injury settlements are generally less complicated than personal injury trials, but there are pros and cons of accepting a personal injury settlement.

    3. What concessions you are willing to make to settle the personal injury claim?

    It is impossible to know what types of concessions you can make, unless you fully understand the cost of your personal injury. Your personal injury lawyer is an invaluable resource to review your personal injuries and determine a settlement amount that will fully compensate you for your loss.

    Prior to agreeing to a settlement you must know the immediate and future medical costs of your personal injuries, all non-economic factors (pain and suffering), your lost wages and your future earning capacity.

    4. What are the defendant’s financial resources to pay a settlement?

    If the personal injury was caused by the negligence of a person who does not have insurance or who has very little financial resources, your settlement could be minimal.

    5. Whether your personal injury lawyer can negotiate a fair settlement for your personal injury claim

    There may be no way to know for sure how well your personal injury lawyer can negotiate your settlement, but it will always pay to do your homework. Find out as much about your personal injury lawyer’s history and reputation as you can, prior to hiring them.

    Find a personal injury lawyer who specializes in your type of personal injury case. Look at peer ratings and make sure you feel comfortable with the lawyer you choose. Read about your personal injury lawyer, their history, experience and expertise. Ask them for references and find out what types of awards they have received for personal injury cases.

    Finding the right personal injury and asking the right questions can ensure that you get the compensation you need for your personal injury case. Do not settle your personal injury claim without contacting a personal injury lawyer.



    Filed under: Claims, Compensation, Settlements,General Information — Tags: , , , — Beth Losure @ 11:20 am

    How to Handle an Insurer During a Personal Injury

    If you’ve watched enough movies in your time, you’ve seen stories where insurers are these evil entities trying to make lots of money. Well, they are trying to make money, but they are not always doing so by breaking the law. On the other hand, you have to be careful when you are dealing with an insurer. This how-to post will help you successfully work with an insurer after a personal injury.

    What is your injury?
    You have to understand what happened to you. That means not rushing this process. You should know the full extent of your injuries, and that takes time. You may have to wait as long as  a year to know the full extent of an injury caused by a car accident, for example. You might not know about another broken bone until the doctor finds it. You may be unaware of emotional trauma until months after the accident. So give this process time.

    How much will it cost?
    You should also know about all the costs for your injury. If an insurer refuses to pay for your medical expenses, it’s time to start proving fault. But before we get into that, the value of your personal injury claim depends on numerous factors, namely what happened, how bad the injury is, and how your current state is. The more emotional trauma you have, the more compensation. The more damaging the injury, the more compensation. And the more pain and suffering you go through, the more compensation.

    Who’s at fault?
    In a personal injury claim, to get the process started you have to notify the party at fault prior to making a claim. So you make sure the insurer knows you have been injured and will require compensation. Depending on what happened, fault is not always clear and may require some legal help. Police reports are the final word, but in court witnesses to the accident can also be called. These things can get quite complex, but often fault is obvious and proving it is a formality.

    Who can help?
    A lawyer can help. Hiring a personal injury lawyer is a big decision. You need someone with personal injury law experience, as this is no time to use a family lawyer. You need someone who you can afford, of course. You need someone with in court experience. You should hire someone who you can also communicate well with; if you can’t communicate with them, the case may fall through.

    Personal injury cases need not be like walking through a mine field. If you have no idea of what occurs, your lawyer is your guidepost. Rarely if you have a clear case will the suit even go to court; the insurer will settle.



    Filed under: Claims, Compensation, Settlements,General Information — Tags: , , , , , , , , , , — jmalewitz @ 2:29 pm

    6 Rules When Hiring a Personal Injury Lawyer

    Personal injury lawsuits can seem like a bitter pill when you have to fill out boxes of paperwork, sit in court, and try to negotiate. They can be much easier if you hire the right personal injury lawyer. This guide can help you do just that.

    Look for Multiple Lawyers
    Instead of just choosing the first one you find – or the cheapest one you find – why not look for multiple lawyers? You have far more options than the referral you got. You may look online. You might find one at the local state bar. You may have some connections. Try to connect with at least 4-5 lawyers before hiring one.

    Pay Nothing Down
    When you hire a lawyer, hire one for the “no win, no fee” philosophy, which means you only pay if you win. If you settle your lawsuit out of court – 8 out of 10 do – you may pay 25% of the settlement to your lawyer. If you go to court and win, you may pay more like 35%. If you lose, you pay nothing.

    Hire a Specialist
    Hire someone who specializes in personal injury law – not the friend, or the family member, or the one who promises winning. There are DUI lawyers, bankruptcy lawyers, immigration lawyers, and a variety of others, but you need a good personal injury lawyer. You need someone who has relevant in court experience.

    Hire a Winner
    You want someone with court room experience. It can be hard to differentiate from lawyers until you look at their records. The more court room experience they have, the better. You want someone capable of winning, of course, and in order to get that you need to be critical in who you hire.

    Communicator
    You should be able to communicate well with your lawyer. This is critical part of the process. Why? Some personal injury lawsuits drag on for years. First, the injury occurs, and you typically wait 6 months to a year to get better before filing any claim. Then you file a claim and want, and if you’re denied you have to hire a lawyer, file a lawsuit, and perhaps go to court. This entire process can seem to drag on. If you can hire an experienced lawyer you can communicate well with, you stand to save yourself a lot of headaches. And if you hire one you simply cannot communicate well with, you may consider firing him or her.

    Should you fire your lawyer?
    Finally, you may consider firing your lawyer on some occasions. Usually you can weed out the bad ones in the hiring process, but not always. There is no rule saying you have to keep on a lawyer you do not like. You can always get a new lawyer. You do have to pay any fees up to that point, so find out as early as possible.



    Filed under: Attorney Information,Basic Questions,General Information — Tags: , , , , , , , , , — jmalewitz @ 4:23 pm

    What Are the Most Common Personal Injury Lawsuits?

    Personal injury occurs far more often than many of us think. It’s unfortunate, but a fact of life. Sometimes people are hurt. Sometimes someone dies. Sometimes the injuries are so severe the medical expense is great. What happens next? In order to get proper compensation, it is necessary to hire an experienced personal injury lawyer. It’s his or her job to fight for your rights in court. But what kind of cases are we really talking about? This guide goes over some of the more common personal injury lawsuits.

    Car Accident Law
    With tens of thousands of accidents occurring across the country on a monthly basis, it’s no wonder the majority of personal injury cases are related to car accidents. Sometimes a semi driver driving a company car makes a mistake. Sometimes someone has been drinking too much. Sometimes a simple mistake leads to great injury if not a death. Personal injury lawyers often take on car accident cases when insurers start to give trouble about paying proper damages.

    Hurt On The Job
    Worker’s compensation usually covers these injuries. If you suffer an injury on the job, most often your employer will have some form of insurance to help. There are cases where you may get no help. If you made a mistake because you were intoxicated, you might be denied help. If you’re an independent contractor working off-site, you may not qualify. Sometimes a worker deserving of help does not get his or her proper benefits. In this situation, you can hire an experienced personal injury lawyer.

    Medical Malpractice
    Doctors do make mistakes, and this is another common form of personal injury. When medical malpractice occurs, it’s important to know your rights. Every year, hundreds of patients win large personal injury settlements because they were given the wrong operation, or a clear mistake was made such as giving them the wrong medicine. In these cases, you need someone to fight for your rights, and that is quite often a personal injury lawyer.

    Product Defects
    While there are many other common forms of personal injury claims, such as tripping or falling, the final one we’ll be going over relates to product defects. While not the most common personal injury, there are literally thousands who go to court because their child was hurt by a defective toy, or their spouse was hurt while operating a device, or they themselves suffered injury because of a defect.

    Winning a Personal Injury Claim
    To close, if you are unsure as to how to get started with your personal injury claim, it’s time to consult with a lawyer. You may think your claim is weak, when in fact you stand to get much more money than you thought. You always have a chance to win. The greater you or your loved one’s injury, the more compensation you deserve. Proving you deserve money is the hard part. Hire a lawyer today to get help winning your claim.



    Filed under: Basic Questions,General Information — Tags: , , , , , , , , , , , , — jmalewitz @ 1:37 pm

    Find Out if You’re Eligible for Worker’s Compensation

    When you are injured at work, rarely do you have time to think about how you can pay. You likely want to focus on your injury, on getting better. On the other hand, as early as you can, look into your coverage. For some this will be a must. Medical bills are, for logical reasons, one of the leading causes of bankruptcy. You can avoid that. Typically either your employer or your employer’s insurer will cover your work related injuries, if the injuries are work related. You are allowed to make mistakes, but if alcohol or drugs are involved, you may lose the compensation. There are some basic requirements to be eligible for worker’s compensation.

    First, your employer must have worker’s compensation insurance. Some companies will cover their own workers, such as Fortune 500 companies. Second, you must work for this company where you were hurt. Finally, the injury must have occurred while you were working. As noted, if alcohol or drugs were involved, you also risk losing the help. Let’s go over these requirements in more detail.

    Employer’s Coverage
    There are some diverging laws here which make this complex legally to speak about. Why? All state laws are different when it comes to worker’s compensation, but most have similar systems. Some states make it mandatory for anyone who employs workers to provide these benefits. Other states set a different minimum, such as having 3 employees makes it mandatory to have benefits. Some states allow charities to opt out, so if you work for a charity, you may not be covered. Even if your company is not required to have worker’s compensation, quite often they do so. Most employers will have some form of worker’s compensation. It’s just good business.

    You Must be an Employee
    This may sound simpler than it is. You may think you’re an employee and are in fact not a regular employee. There are many independent contractors who lack any kind of worker’s compensation benefits. You may be a carpenter, or a writer, or even a computer tech, but not directly hired by the company who pays you. If you get hurt on the job, and are considered an independent contractor, you likely have no coverage. There are also some divergent laws on volunteers. Volunteers are technically not employees,and are usually not covered, but here again state laws can differ.

    The Work Related Injury
    The injury does not necessarily have to have occurred on-site, of course, as you could be working for your employer anywhere and get hurt. Construction workers are a perfect example. Other injuries can occur in the office too. You may suffer a hand injury in a job which involves a lot of typing. You may trip on something in the workplace, and break a leg. If you are doing something on the job, something which benefits your employer, you are then covered. On the other hand, if you are injured leaving work, or while playing pickup basketball at a company party, these are different.

    If you have suffered an injury, and you are being denied help, you may consider getting legal representation. A personal injury lawyer can often work on a “no win, no fee” philosophy, so you have nothing to lose. As medical bills can reach tens of thousands, this is an important option.



    Filed under: Claims, Compensation, Settlements,General Information — Tags: , , , , , , — jmalewitz @ 4:24 pm

    Ready to Get Help?

    Complete the Free Personal Injury Case Evaluation form below and a local attorney will contact you to discuss your case. It's 100% Confidential and there's No Obligation!


    Older Posts »






    LeadRival LP BBB Business Review


    Online Marketing for Lawyers