Regaining Your Life

Can You Qualify For Worker’s Compensation For Depression?

Posted by on Nov 26, 2015 in Uncategorized | Comments Off on Can You Qualify For Worker’s Compensation For Depression?

Many people believe that you can only get worker’s compensation if you’ve been physically injured. While the specific case law varies from state to state, you might be surprised to learn that you may qualify for workers compensation for emotional and mental health issues, including depression, provided that the problem was caused by your job. Here’s a look at what you should know about depression and worker’s compensation eligibility. You Can Get Benefits for Depression Although there may have been a period when depression and similar mental health issues were dismissed as something you had to work through, mental health concerns are taken more seriously now by health care providers and others. The law has adapted accordingly in most cases, considering depression to be a qualifying condition for worker’s compensation provided that you can show that it was caused by or significantly worsened by a work-related task. You Can Develop Depression After Physical Injury If you were hurt on the job and found yourself facing a long-term recovery, you might experience some depression problems. This is particularly true if you find yourself isolated during recovery or struggling significantly to get back into the swing of things after your injury has healed. If your depression began after a physical injury on the job, that’s usually a clear connection in the eyes of the courts. You Can Develop Depression Without a Physical Injury While depression following an obvious injury is easier to document and support, depression can also occur without a physical injury to encourage it. In those cases, it’s harder to prove it’s connection to your work. In order to qualify for worker’s compensation in that case, you’ll need to show a doctor’s evaluation that your depression is being worsened by events at work and that your job was the legal cause of your depression. Depending on the state you live in, you may have to show that your work is the sole or major contributing cause of your depression, while in other states it only needs to have a clear effect on your symptoms. Documented patterns of hostile behavior, a negative work environment or other issues may be enough to prove this for your case. Also, working in a high-stress industry or working exceedingly long hours can also play a role. The more you understand about the cause of your depression and how your work affects it, the better chance you’ll have of getting the funds owed to you if your job is the cause. Talk with an attorney like Shoap Law Offices for more advice about your specific...

read more

How Walkers, Joggers, And Runners Can Prevent Dog Bites

Posted by on Nov 13, 2015 in Uncategorized | Comments Off on How Walkers, Joggers, And Runners Can Prevent Dog Bites

One problem that many walkers, runners, and joggers face is the threat of dogs. Even a well-trained dog can become aggressive in many circumstances. If you exercise daily, it helps to know what you can do to prevent a dog bite. Understanding Why a Dog Might Bite Several factors can cause dogs to attempt to bite you. The dog fears for her pups The dog fears you for some reason You are encroaching on the dog’s territory or space The dog is in pain One of the larger reasons a dog may attempt to bite you is because of a concept called “prey drive.” This term describes how likely the dog is to give into its basic instincts to aggressively chase something down. Even with mild or trained dogs, the build up of that prey drive can cause them to eventually attack. The motion of your exercise can eventually lead to an attack because it works as a trigger for many dogs. For example, if you jog by the same dog every day, a process is occurring you may not be aware of. As you pass, the dog may bark. The dog barks because you’re in its territory, but since you leave the territory during your run or walk, the dog assumes its bark did the job. Over time, this can embolden the dog because it assumes you’re scared of it. The next time you happen by, the dog may want to chase you away rather than bark you away. After that, the dog may want to actively chase you down and attack. This is an example of the prey drive in action. Of course, you can happen across a stray dog with an already high prey drive. In such cases, the chase and attack may happen immediately. Preventing a Dog Bite A dog bite can come with serious consequences that go beyond the bite itself. Preventing a dog bite isn’t always easy, but it’s sometimes possible. Stay calm, don’t run Stay still, no sudden movements Avoid eye contact with the dog Narrow your profile (stand sideways) The key is to let the dog know you’re not threatened by it, but you have to do it in a non-threatening manner. A dog feels you don’t want to fight, and that you’re not a threat, it will usually move on. However, sometimes they do attack. In such cases, there are a few other tips you can use. Give the dog a target – For example, if you have a pouch, backpack, or can get an arm out of a sleeve, let the dog bite that. The dog may be satisfied with what it feels is a piece of you. Meantime you can back away and make it to safety. Curl into a ball – If the dog manages to knock you down, or you fall, then you should curl into a ball. Tuck your head in and place your hands over your ears and neck. Do not roll around. When Prevention Fails It’s not always possible to prevent a dog bite. If a dog bites you, seek medical attention immediately, even if the bite seems mild. Then you need to contact a dog bite attorney to help you figure out where to go from there. Dog bite laws vary from...

read more

What Can You Do If The Insurance Adjuster Is Not Offering A Fair Settlement?

Posted by on Oct 30, 2015 in Uncategorized | Comments Off on What Can You Do If The Insurance Adjuster Is Not Offering A Fair Settlement?

Negotiations with an insurance company after an accident can go on for months. Unfortunately, the insurance company will try a range of tactics to prevent you from getting the settlement you are entitled to. If you are currently negotiating with the insurance company and there is no resolution in sight, here are some options you have to push for a conclusion to your case. Be Persistent One tactic that an insurance adjuster might use is to attempt to out-wait you. The adjuster might believe that if he or she waits long enough, you will be more receptive to accepting a lower settlement amount. If you believe that is the case, you need to be persistent with your case and let the adjuster know that you are willing to go the distance. You can show persistence by calling and writing the adjuster on a regular basis. With each contact, it is important that you restate what you feel is a fair and reasonable settlement amount. Over time, it is possible that you can push the adjuster to move towards a fairer settlement. Contact the Supervisor If you are unable to get the adjuster to move on his or her offer and you feel that the amount is unreasonably low, you can talk to the adjuster’s supervisor. Ask the supervisor to review the claim and the supporting documentation. You also need to inform the supervisor of your asking amount and explain why you feel that it is warranted. Once the supervisor reviews the file, he or she can make a determination as to whether or not the offered amount should be higher. If so, you can negotiate with him or her. If not, you should consider filing a lawsuit. File a Lawsuit A lawsuit can sometimes push an adjuster and the insurance company to reconsider a settlement offer. Insurance companies know that lawsuits can be costly to fight and there is the possibility that a sympathetic jury could award far more to the plaintiff. When you file a lawsuit, you still have the option to negotiate with the insurance company. In fact, it is not uncommon for settlements to occur on the day of trial. It is because you are the injured person, you have the right to decide which option is right for you. Consult with an experienced attorney like Irene M Rodriguez PA to assess whether going to court or continuing negotiations is the best plan of action for you....

read more

Workers’ Compensation Insurance: An Assigned Risk Plan

Posted by on Oct 21, 2015 in Uncategorized | Comments Off on Workers’ Compensation Insurance: An Assigned Risk Plan

As an employer, being eligible for workers’ compensation insurance can be problematic. Since most employers are obligated by law to cover their workers for workplace-related injuries or illnesses, it is important to know alternative ways to insure your workers if you cannot afford or obtain coverage from insurance companies. If you are in such a situation, a great option you can pursue is to enter an “assigned risk plan.” This article will seek to explain what an assigned risk plan is and which employers could be suited for it. What is an assigned risk plan? Employers are sometimes unable to meet eligibility requirements for workers’ compensation coverage offered by standard market insurance companies for a number of reasons that increase their risk, in which case they can join a “pool” insurance plan provided by their individual state to ensure they meet statutory requirements for workplace coverage. There are a number of reasons why an employer may find themselves in an assigned risk plan. Here is a look at two common ones. New businesses and small employers Many standard market insurers often refuse to offer a workplace insurance coverage to new businesses that lack a satisfactory loss experience history. Owners of such businesses are often left with no option but to join an assigned risk plan to ensure they cover their employers against workplace related risks. This will allow their business to stay in operation for long enough to generate enough records for a standard insurance carrier to rate their risk history and thus accept them into a standard worker’s compensation plan. Small businesses that employ a small number of employees may also find that their workers’ compensation insurance premiums are lower than what standard insurers will accept, forcing them to rely on an assigned risk plan to cover their workers. Employers whose loss records are no longer acceptable to standard insurers due to high workplace-related injury claims may also have to enter an assigned risk plan. High-risk businesses For businesses whose operations fall within a high-risk industry such as roofing, farming, heavy manufacturing and construction, obtaining workers’ compensation insurance from standard insurance may be daunting, as these carriers are often reluctant to insure against such high risk. Such employers may be placed in an assigned risk plan by their state before they can lower their business risk to an acceptable level, implementing a satisfactory risk management program. An assigned risk plan is typically designed to help businesses with poor payment or loss records, or start-ups whose risk cannot yet be assessed, obtain workers’ compensation coverage temporarily until they can either improve their loss record or reduce their business risk so as to be accepted by standard insurers. An professional attorney, like those at the Law Office of Leslie S. Shaw, can also help you as you search and petition for adequate coverage for your...

read more

4 Reasons You May Be Denied Workers’ Compensation

Posted by on Oct 12, 2015 in Uncategorized | Comments Off on 4 Reasons You May Be Denied Workers’ Compensation

If you’ve been hurt at work, this can cause a great deal of financial stress in your life. The challenges of getting your medical bills paid and making up missed workdays may simply be overwhelming. You may be able to receive workers’ compensation for your financial losses, but you will need to ensure you meet the requirements for doing so. Knowing specific reasons why your claim may be denied will help you avoid this situation. Reason #1: You waited too long to report the injury It’s in your best interest to notify your employer of the accident immediately after it happens. This will prevent you from being denied compensation for your claim. Additionally, not letting your boss know you were hurt right away could cause the company to question the accident ever occurred. Make sure you get any witness statements if you can. Reason #2: You failed to see the right medical provider Most employers have specific physicians that you must see if you’ve been injured at work. If you fail to go to one of these providers, you may revoke your right to receive compensation. Be sure to talk to your employer prior to visiting the doctor for treatment. Reason #3:  You don’t have documentation of your injury It’s necessary to get medical treatment if you’ve been hurt at work. You must visit a medical provider who will have the records on file to present on your behalf. These will allow the physician to show that your accident at work was the cause of your being hurt and you should receive workers’ compensation for it. Reason #4: You filled out the medical reports inaccurately Your employer will ask you to fill out certain forms for you to receive workers’ compensation. These will ask the details of your accident, and you should only provide accurate answers. Providing false information could cause you to be denied compensation and may even result in penalties that could be filed against you in court. Engaging in fraudulent behavior is one sure way to avoid getting any financial assistance from your employer for your accident. It’s important to do the right things rather than the wrong ones when it comes to being hurt at work and attempting to obtain workers’ compensation. The benefits of doing so will help ensure you’re paid for your losses by your employer. Talk with an attorney, like Law Offices of Terry Katz & Associates, if you experience difficulty in receiving your rightful...

read more

4 Tips For Filing A Car Accident Claim

Posted by on Sep 30, 2015 in Uncategorized | Comments Off on 4 Tips For Filing A Car Accident Claim

If you have been involved in a car accident, there are many things that you can begin to become stressed about. However, it’s important to stay calm, even from the moment that the car accident has happened. This will ensure that you can gather your thoughts to ensure that you are able to remember all the important details and more. Here are four tips to help you get through a car accident claim and receive the proper amount of compensation that you deserve: Contact Your Insurance Company: Immediately after you have been in a car accident, you will want to contact your insurance company. This will start the process of filing a claim. You are going to have to remember who you talked to and what you said to them. It is important that you provide thorough and factual details that cannot be held against you in the future. If your insurance company asks you to provide a recorded statement, talk to your auto accident attorney first to determine whether or not that is a good idea.  ​Look at Your Other Insurance: Even though you have been involved in a car accident, there are other insurance coverages that you have that can probably help you receive proper coverage. For example, your homeowners insurance may have some protection to offer, as well as your credit card company. Credit card companies often provide their customers with rental car coverage, so be sure to ask about this. Track Your Costs: All costs from medical bills, repair bills, and rental car costs need to be tracked on your end. If you have a difficult time organizing this information, you can bring your receipts to an attorney, like those at Gelman Gelman Wiskow & McCarthy LLC, who will be able to record the information for you and keep track. This information is important for determining what kind of settlement offer is going to be fair. ​Accept a Reasonable Settlement: Eventually, an insurance adjuster will contact you to provide you with a settlement amount. Be sure that you bring this offer to your attorney. You and your attorney can then discuss whether or not it is a fair settlement. If not, you will want to negotiate with the adjuster. If you aren’t comfortable doing this, you attorney can do the negotiating for you.  By following these four tips, you are more likely to receive fair compensation and coverage for the auto accident that you have been involved...

read more

Medical Malpractice: Do You Have A Case?

Posted by on Sep 18, 2015 in Uncategorized | Comments Off on Medical Malpractice: Do You Have A Case?

If you have suffered an injury at the hands of a medical professional, you may be considering a medical malpractice case.  The Journal of the American Medical Association reports that the third leading cause of death in the United States is medical negligence. Before you file a lawsuit, you need to understand what constitutes medical negligence on the part of your healthcare provider.  What is Negligence? True medical negligence means that your doctor failed to provide a proper diagnosis or treatment. The doctor has to be “reasonably skillful and careful” and meet the “medical standard of care,” which is defined as “the level at which the average, prudent provider in a given community would practice.” Doctors do not have to be stars in their field, but they have to be competent. Did Negligence Cause the Injury? Even if negligence occurred, it might not have caused the injury to you. If you have an underlying illness, it could be hard to prove that what your doctor did or did not do contributed to your condition or injury. For instance, if you have diabetes and end up losing a foot to the disease, you would have to prove that the amputation is a direct result of your doctor’s negligence and not of the disease itself.  Were You Harmed? To win a medical malpractice case, you need to prove that your doctor’s negligence caused you harm. This aspect may be the most difficult to prove. You have to demonstrate that you suffered psychological, physical, or financial harm. Sometimes the damage you receive may not manifest for years, so, at the time of the lawsuit, you may not know what the long-term effects will be on your health. This uncertainty makes estimating lost earnings and potential medical bills difficult.  The Odds Although medical errors may kill up to 200,000 people in the U.S. each year, only a small percentage of these deaths lead to lawsuits and even fewer result in damages being awarded to the plaintiffs.  Successfully pursuing a medical malpractice lawsuit requires that you can prove negligence occurred and that you suffered specific harm from that negligence. Only a professional malpractice lawyer can determine if you have a good case although you can take some preliminary steps yourself by learning the standards used to judge medical malpractice. Although proving your case can be difficult, hiring an expert in the field will give you a much better chance at receiving a settlement.  For more information, go to sites for malpractice...

read more

Professional Legal Assistance For Your Tractor Trailer Accident Claim

Posted by on Aug 7, 2015 in Uncategorized | Comments Off on Professional Legal Assistance For Your Tractor Trailer Accident Claim

If you’re struggling to recover from physical injuries and vehicle damage due to a collision with a tractor trailer, it is in your best interest to retain the services of a personal injury lawyer who can fight for your rights and help you obtain the compensation you rightfully deserve. Approximately 4 percent of all physical injuries that occur during automotive accidents are the result of collisions with large trucks, with 77 percent of the victims being drivers or passengers of smaller cars or trucks. While accidents can occur for a variety of reasons, the reality is that many tractor trailer collisions are due to negligent truck drivers who are struggling with time constraints or sleep deprivation. A professional tractor trailer accident lawyer is keenly aware of the dangers that average drivers face when sharing the road with big rig drivers, and will work hard to conduct a thorough investigation and file a detailed claim on your behalf.  Attorney Consultation The first step in retaining an accident attorney is to schedule a one-on-one consultation. Depending on the extent of your injuries, you can either meet with the attorney at their office or schedule a telephone or video conference. During the consultation, the attorney will ask you questions regarding the accident and examine any evidence you may have such as medical documents and photos of your injuries. If the attorney believes you have sufficient evidence to proceed with a lawsuit, they will provide you with a legal agreement and advise you on the next steps in the process.  Additional Evidence/Investigation Before your attorney can file a claim or send a monetary demand letter on your behalf, an investigation must usually be conducted to strengthen your case. You can help the attorney by providing them with additional evidence such as photos of the damage to your vehicle, copies of car repair estimates and contact information of individuals who witnessed the accident and are willing to make a statement or speak in court on your behalf. In addition to the information you provide, the attorney may also travel to the scene of the accident in order to assess road or median damage and photograph any visible yaw marks or skid marks left on the road. Yaw and skid marks are essential to collision cases, as they can depict vehicle impact. Your attorney may also interview your witnesses and request additional medical information from the emergency room that treated you or your current physician in order to accurately depict the significance of your injuries.  Filing Your Claim/Demand Letter After the attorney has gathered all of the necessary evidence, they will calculate your expenses and draw up your claim. The attorney will also create a demand letter that states the reason you intend to file a claim and requests a specific monetary amount for your pain and suffering. The claim package will then be served upon the other driver’s insurance company or attorney.  Out of Court Negotiations/Settlement If the other driver’s attorney or insurance company believes you are in the right and their client was liable for the accident, there is a good chance that they will be willing to settle the matter out of court. However, if they feel they have sufficient evidence to contest your claim, you may need to move forward with a...

read more

How Workers’ Compensation Works

Posted by on Jun 24, 2015 in Uncategorized | Comments Off on How Workers’ Compensation Works

Workers’ compensation is a somewhat complicated legal field, so it can be pretty difficult to figure out how it works. However, it is very important that you have a general understanding of what to do when you get injured at your work. If you don’t pursue a workers’ compensation settlement, then you might not get any reparations at all for your injuries! What is workers’ compensation? Commonly referred to as workers’ comp, this is the legal realm related to individuals seeking financial damages for any harm that they were caused while on the job. It’s an extremely broad field, and can cover anything from being negligently exposed to hazardous chemicals at your work to being injured in a car accident. There are generally a few main criteria that determine whether an injury is eligible for workers’ comp. Were you performing a work-related function? If you get injured while tinkering on a personal project in your garage and claim that the injuries were work-related, then you probably shouldn’t expect to qualify for workers’ comp. However, if you get injured while working at your job in a factory, then you certainly might qualify. Was the injury the fault of the company? In some cases, the injury is the fault of the company, whether it’s due to negligence, incompetence, or any number of other reasons. However, some injuries are due to the fault of the worker and thus are not eligible for workers’ comp. For instance, if a worker has been educated on how to operate a machine and is injured while operating that machine incorrectly, then they probably won’t get compensated. On the other hand, if an employee has NOT been educated on how to operate a machine, yet is asked to operate that machine and is injured as a result, then they may have a solid case. Workers’ compensation vs lawsuits If you’ve seen some of the lawsuit sizes that are thrown around in the media, then you might be wondering why someone would pursue a workers’ comp claim rather than a lawsuit. First of all, you have a much better chance of winning a workers’ compensation claim. Second, a lawsuit can drag on for many months, which can be far too long for you to get the money you need to pay your medical bills. Finally, if you lose a lawsuit, you will have wasted a huge amount of time and money on absolutely nothing. Losing a workers’ comp claim is a lot less...

read more

5 Case Types That Should Be Handled By A Personal Injury Lawyer

Posted by on Jun 17, 2015 in Uncategorized | Comments Off on 5 Case Types That Should Be Handled By A Personal Injury Lawyer

A personal injury attorney provides representation to a person who claims to have an injury as a result of wrongdoing or negligence by a business or other person. Under any of the circumstances listed below, it’s recommended that you seek help from personal injury lawyers. Cases of Severe Injury As stated in their title, the job of a personal injury lawyer is to handle cases where clients have been injured under certain conditions. The severity of your injury can be concluded from the total cost of your medical bills. This will determine the amount of compensation you may or may not receive towards the end of your case. Incidents of Medical Malpractice Medical malpractice injuries come from problems that have occurred as a result of something done or performed by a licensed doctor, nurse or medical provider. Experienced lawyers should be used in situations like this because laws and legal rules regarding cases like these can be very difficult to pursue. These cases should be taken very seriously, and compensation is dependent on the results of your case and the people who you have the issue with. Accidents that May Occur Whether you have been involved in a car accident or a pedestrian accident, both cases are suitable for a personal injury lawyer. These lawyers specialize in cases where your injury could have been caused by someone else’s inattention. Slip and Fall Cases A slip and fall may seem like something minor; however, it can result in major injuries. Especially depending on the victim’s age, health issues may be a cause for concern. Property owners have a responsibility and legal obligation to keep places safe, so when they neglect that responsibility, they are to be held liable. Of course, every small minor mishap that occurs is surely not a situation where lawyers need to be involved; however, the nature of the case determines its outcome. Libel and Slander Although libel and slander are not physical injuries, personal injury lawyers can be useful in these cases because of the negative impact libel and slander can have on your reputation or career. Think of the impact that negative rumors and gossip can have on your professional career. In order to carry out these cases, most people just need to prove that whatever was being said was false and that there was a financial loss in reciprocation. These are all cases in which personal injury lawyers would be suitable and even beneficial to the victims who are involved. It’s important to know what kind of case you are dealing with, because different lawyers are used for different circumstances based on their specialization. Although personal injury cases are sometimes small and easy to solve, seeking help as soon as possible is the best and safest thing to do if you are involved in a scenario where you may need legal...

read more