logo logo

Homepage

Long Term Disability Appeals

Posted by on Oct 27, 2014 in Disability, Injury | 0 comments

An illness or injury that leads to long term disability can substantially affect the financial capability of any struggling family, most especially if the injured or ill worker’s application for benefits has been denied or awarded a minimal amount by insurance providers. And, though, in most states, providing workers’ compensation benefits to workers is mandatory to certain employers, this is never an indication that these same employers will approve their injured employee’s intent to file a claim.

Besides the discovery of fraudulent claims in the past, wherein employees were found to fake disability or illness for financial gains, many employers have become biased in treating claims since they consider most injuries as not serious or valid. This is especially true concerning injuries that are caused by inexplicable pain, such as back pain, which may be very hard to verify through x-rays, nerve conduction studies or other medical examinations. An employer’s refusal to support an employee’s claim, however, should never deter such employee in pursuing or appealing his/her claim.

When filing a claim with the workers’ comp, the first step required is informing one’s employer about the injury or illness; this should be done within 30 – 45 days after the accident (which caused the injury) occurred or after the illness was discovered. An injured worker who has been notified (through writing) by his/her employer, or the company’s insurance provider, of the denial of his/her request to file a claim, can request the state workers’ comp board for a hearing – this can be more effectively accomplished through the help of a competent legal professional, especially Minnesota workers’ compensation lawyers.

Sustaining a job-related injury or developing an occupational illness gives a worker the full right to file a claim to protect himself/herself; an employer’s thoughts regarding the legitimacy of the worker’s injury is no longer relevant. An employee should neither worry about the possibility of being retaliated upon by his/her employer too if he/she decides to pursue with his/her application despite the employer’s denial (there are federal and state laws that will protect the employee from any acts of retaliation).

Causes of Injuries in Rollover Accidents

Posted by on Jul 21, 2014 in Automotive Accidents | 0 comments

Rollover accidents are considered to be more serious than other types of accidents because the fatality rate is quite high. Anyone inside a sport utility vehicle (SUV) or light truck during a rollover has a 50-50 chance of surviving, while those in heavier trucks are more at risk, with a 40% survival rate. What’s more, any SUV rollover lawyer at the Willis Law Firm can attest to the serious injuries sustained in rollover accidents by the occupants that do survive.

Yet even with that grim survival rate and the fact that more than 30% of all fatal vehicular accidents are attributed to rollovers, there is no clear consensus on how the injuries are acquired. In short, experts are not sure what factors contribute to make rollovers so deadly.

Ejection

One of the causes of injuries considered by experts is that of ejection. It may seem obvious that when a passenger is thrown out during a rollover, that person is sure to get injured, if not killed. However, the ejection itself is not a cause of injury; in some cases, the ejected passenger is the only one to survive. It all depends on the circumstances. The ejection presents an opportunity for the passenger to get injured i.e. hits a concrete wall head first. In other words, it’s not the fall that will kill you, it’s the stopping. There are also cases where ejected passenger may actually have sustained an injury prior to being ejected, so quantifying the contribution of ejection to injury causation is not a simple matter.

Non-ejection

When passengers are wearing their seatbelts at the time of the crash, they are less likely to be ejected. However, this may not always be a good thing. It turns out the main cause of injury to non-ejected occupants is that of impact rather than crushing as was initially believed. Impact occurs when the vehicle strikes another object i.e. road which increases the forces on the body. Injuries are thought to occur in rollovers during what is called a “second collision.” The more second collisions that occur, the more likely that the non-ejected passenger will sustain injury.

Whatever the cause, when you sustain serious injury in rollover accidents due to the negligence of a third party, you are entitled to compensation. Contact a qualified personal injury lawyer in your area to assess your case.

Entrust Your Hair Style Only to an Expert

Posted by on Jul 13, 2014 in Beauty | 0 comments

It would take a master painter to create an exquisite work of art, just as it would take a really skillful and talented hair stylist cut or color and style a hair that will make a person look his/her absolute best.

As the US economy keeps getting stronger, more and more people are again frequenting salons, discarding the practice of do-it-yourself dye jobs, which they have began to learn.  In fact, a recent listing published in the American news magazine U.S. News and World Report shows that one of the best jobs of 2012 is Hairdresser.

With the professional beauty industry still being projected to grow, salon operators are expanding their list of services with assured quality and topped by customer satisfaction and convenience. Thus, besides the typical services, which include haircutting, hair length reduction and trims, clients can also now enjoy cutting with styling, blow-drying and shampooing, smoothing, keratin treatment, hot rollers, flat or curling iron, conditioning treatment w/ heat, overlays and add on color, deluxe nail care service, lash tint, brow tint, and some other facial services. There are also salons that usually offer hair style and make-up services that are skillfully done to complement a client’s dress, personal style and features, to bring out his/her most stunning looks, especially during very special occasions, such as a wedding day.

Choosing the salon to go should be made with utmost consideration, for surely no client would ever want to go to a second parlor only to have a mistake made in the first one corrected, but which is a common eventuality for many. Likewise, no client would want his/her hair color already fading only after a few washes when it is supposed to last longer.

To be the best hair salon, everyone working in it should deliver outstanding services and should allow a client to leave completely satisfied, besides the necessity of making every client feel important and at home.

If it is a fact only the best painters can create masterpieces, then it is also a fact that only the best hair stylists and the best beauticians can make an individual look his or her best. Entrusting one’s hair and other beauty concerns into the hands of someone who is less than an expert is something you will only be sorry for.

Workplace Discrimination based on Gender: A Concern for Business Owners and Employees

Posted by on Jul 11, 2014 in Business Issues | 0 comments

In 1964 the U.S. Equal Employment Opportunity Commission (EEOC) was created to enforce laws against abuses, discrimination and harassment in the workplace; it started to enforce the Civil Rights Act that was passed into law on the same year and is presently tasked in making sure that all employers observe all present state and federal laws against the same concerns. Workplace discrimination, against which the Civil Rights Act protects both current employees and job applicants, can be based on race, color, religion, national origin and sex.

Sexual discrimination and harassment are among the most prevalent abusive and unlawful acts committed in the work environment. The American public’s full awareness on the reality of sexual discrimination at work came only in 1991 when a sexual complaint was filed against a Supreme Court nominee. This event led to polls and studies which showed that many women, indeed, have experienced (and continue to experience) unwanted sexual advances and discriminatory acts by managers or senior co-workers in the workplace.

According to the EEOC, sexual discrimination involves unfavorable treatment of a job applicant or an employee due to his/her gender, sexual affiliation /inclination to a group or an organization of people of a certain sex, or to his/her being a transgender, a gay or a lesbian; perpetrators of sexual discriminatory acts include both male and female.

Through an article posted on its website, the John Melton Law Firm discusses the issue of discriminatory practices in the workplace. These unlawful acts, however, continue to be committed, since many victims opt to keep silent rather than jeopardize their reputation, job and career.

A less obvious practice, yet classic example, of unlawful sexual discrimination is giving different amount of wages to two employees (a male and a female) despite their having the same type of jobs, which also require the same skills, efforts and responsibilities. The Equal Pay Act (EPA) of 1963 protects individuals from this unlawful treatment and states that individuals with the same work, regardless of gender, should receive the same pay.

Employers should fully understand that giving a pay that is lower than what an employee actually deserves, that losing one’s job because of complaining against discriminatory practices, or even denying overtime work (and pay) to non-exempt employees (those who are entitled to render overtime work), can definitely greatly affect  an employee’s quality of life and financial responsibilities. Employers may not know, but their (discriminated) employee may possibly have the extra responsibility of paying child custody or alimony, or maybe paying a monthly mortgage; thus, any discriminatory act that will cripple his/her financial capability may result to a chain of financial woes, such as unmanageable debts that will result to the filing of bankruptcy. Due to this, employers have the major responsibility of making sure that no acts of discrimination are practiced in their own workplaces, as they could also be held directly responsible for such acts due to their failure to stop these.

Meanwhile, victims of sexual or gender discrimination should know that the law is their ally in protecting and fighting for their rights, which can very well result to saving others from all other acts of workplace discrimination too. Even employers, who would want to make sure that their own workplaces are free from any form of discrimination, can resort to hiring the services of highly-competent legal professionals, such as Cedar Rapids business lawyers, who will help them and their employees, fight for their rights and interests.

Sources of Financial Benefits in the Event of Disabling Injuries

Posted by on Jul 8, 2014 in Disability | 0 comments

An injury is considered disabling if it results in death or leads to permanent disability or temporary total disability (the last two being conditions wherein the person is no longer able to perform the work or activities he/she was capable of doing before the injury was sustained).

Depending on how the disabling injury was sustained, there are specific legal ways that will enable the injured person to seek financial benefits or compensation that will save him/her from experiencing a crippling economic situation on top of the disability. If the injury were sustained in an accident that was a result of another person’s negligence or carelessness, then the injured victim would have the legal right of filing a claims lawsuit to enable him/her to seek compensation for the personal injury he/she has sustained. The compensation is supposed to cover lost wages and cost of medical treatment.

Disabling injuries sustained by individuals while performing their work would qualify them to seek financial benefits from the state-enforced Workers’ Compensation Insurance benefit. This benefit that was passed into law in 1908 was meant to provide fast financial benefits to injured workers (who sustain work-related injuries or illnesses). This compensation benefit is meant to cover cost of medical treatment, lost wages, disability, rehabilitation and death. Though one of the conditions specified when availing this benefit is exemption of the employer from litigation for further financial responsibility, the injured or ill worker can have the right to litigate if the employer does not provide the Workers’ Comp benefit or does not carry a state-approved self-insurance, or if there is strong reason to believe that the injury or illness was a result of the employer’s ill intent to actually cause it.

Individuals whose injury or illness is not work-related but who have been employed long enough and have earned the required amount of credits required by the Social Security Administration [these credits are earned through payment of the Federal Insurance Contributions Act (FICA) or SS taxes during their employment]may be qualified to avail of the Social Security Disability insurance if their disability is total, that is, if it has gone on, or is expected to last, for at least a year, or may result to death.

The SS Administration also considers a person totally disabled if that person:

  • Can no longer perform the work which he/she was employed to do before the disability
  • Is not capable of  performing any other work because of his/her medical condition

Sometimes, despite an individual’s condition that will render him/her qualified to avail of the benefit, whether the Workers’ Comp or SSDI, his/her application would be denied due mainly to technical errors. It is, therefore, highly advisable that such injured individual seek the services of a highly- qualified lawyer, such as a Chicago Social Security lawyer, to make sure that his/her application contains all the required forms and documents and that these are submitted within the specified time.

Nursing Homes: Acts of Abuse and Neglect

Posted by on Jul 5, 2014 in Nursing Home Malpractice | 0 comments

Records released by the Centers for Disease Control and Prevention in May of 2014 say that there are 16,100 nursing home facilities in the US (a little above 15,000 facilities are certified) and the current number of residents total to 1.5 million.

Another record, from the American Association for Justice, shows that 90% of nursing homes lack the required number of staff to be able to provide sufficient care – such an alarming news, considering the fact that higher rates of abuses have been more prevalent in facilities, whether nursing homes or home care, where staff and resources are lacking.

Nursing home residents include the elderly, usually those 65 years old or above, people who are physically or mentally incapacitated, or needing rehabilitative therapies due to an illness or an accident and those who need extra care, like Alzheimer patients. Weakened by age or incapacitated by illness, these people turn, instead, to staff and nurses for help even for the most basic activities, such as eating, bathing, toileting and so forth.

Reports gathered by the American Association for Justice also show that only one out of ten abuses is usually reported to authorities, hiding the real number of cruel acts against the elderly and other residents. Silence from those abused is often due to fear, shame or avoiding being accused of just seeking attention or suffering from dementia.

The types of abuses often suffered by nursing home residents include emotional, physical, financial (in some instances) and sexual, which is actually the most humiliating and most cruel of all types. The abusers are the staff members or co-residents who are either forced or bribed by the same staff to inflict harm on someone else.

Besides the cruel acts, however, are acts of neglect, which are failure to provide the necessary, adequate care and which are equally harmful to residents. Neglect can be in the form of withholding medical care and/or food, non-treatment (or delay in treating) bedsores, delay in assisting (or failure to assist) residents in performing some concerns, failure to provide hygienic care, and so forth.

Although some residents may not complain about the ill treatment or about the inadequate care they are receiving, being more observant of their situation and appearance may be enough hint to make visiting family members see that something is wrong. Thus, an unusual weight loss, a bruise or a wound, or an unkempt appearance can be obvious signs of something that should not be happening.

An abused resident or his/her family is enjoined by law to report any form of cruelty being committed in nursing homes. It is also advisable that the abused seek the services of a competent legal professional, like a Texas nursing home neglect lawyer, who will be able to help him/her understand his/her rights in the event of cruel or neglectful treatment.

Motorcycle Accident and the Motorcycle Helmet Law

Posted by on Jul 2, 2014 in Automotive Accidents | 0 comments

The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has named the month of May as “Motorcycle Safety Awareness Month” – a vital move that is intended to remind all motor vehicle drivers and motorcyclists to safely share the road with each other. Reminders are also issued, first, to motorists, to help keep motorcycle riders safe by being be extra alert and, second, to motorcyclists, to always make sure that they are visible to other drivers.

Records from the National Center for Statistics and Analysis (NCSA) Traffic Safety Fact Sheet (for the year 2012) show 4,957 deaths and 93,000 injuries involving motorcyclists, who figure in motor vehicle traffic accidents. The American Motorcycle Association (AMA), the largest motorcycling organization in the world, considers this number too high despite the Governors Highway Safety Association’s claim that motorcycle-related fatalities in the US has declined. AMA greatly supports the Motorcycle Awareness Month to help riders stay safe on the road, as well as to help them know and protect their rights.

One riding necessity that AMA always emphasizes is the wearing of a helmet that complies with the U.S. Department of Transportation’s safety standards. This will somehow lessen the force of impact to the rider’s head, which is a common cause of death. Other protective gears endorsed by AMA include protective pants and jacket, footwear and gloves.

Beginning May 2012, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, the District of Columbia, Puerto Rico and 47 US states have enforced a helmet law for motorcyclists. From the 47 states, 28 states plus Guam mandate the use of helmet for specific riders, while the use of helmets for all riders is required in all remaining places. New Hampshire, Iowa and Illinois are yet to have a motorcycle helmet law.

Some of the really dangerous accidents a motorcyclist can be involved in include: head-on collision with another motor vehicle; colliding or being struck by a car that is making a left turn; and, colliding with a fixed object. The severity of the injury is greatly increased if the rider (or the driver of the other motor vehicle) were speeding or drunk.

Majority of the accidents involving motorcyclists can be blamed on the other driver; proving such fact, however, is never easy and, with the physical injuries a rider has sustained, which will necessarily result to economic loses (due to inability to work) and costly medical treatment that the injury will require, the injured rider will surely need the maximum amount of compensation that he/she is legally allowed to receive.

Lawyers, like an Iowa motorcycle accident lawyer or a Detroit personal injury lawyer, who have proven their incomparable competence in fighting for an injured victim’s rights and interests, would be an absolutely needed ally in seeking the financial compensation that will cover the victim’s loses. Thus, in the event of a motorcycle accident, riders should make sure that they are very well represented.

The Forum Selection Clause and the Statute of Limitations for Cruise Ship Accidents

Posted by on Jul 1, 2014 in Cruise Ships | 0 comments

Millions of people discover new exotic locations or treat their family and themselves to totally relaxing and exciting getaways every year on board the finest cruise liners in the US and around the world. A vacation boat itself, cruise ships feature some of the most terrific forms and entertainment and amenities, such as a planetarium, waterslides, aqua parks, an AquaDuck, which is the first-ever shipboard water coaster, real grass growths where guests can play golf, croquet or bocce, an ice bar, an 82 –foot zip line, rock climbing, awe-inspiring fireworks, spas, massages, treatments and facials. Adding to all these are the big discounts and perks offered by some cruise companies, making the vacation both cheap and really terrific . . . granted, of course, that no untoward incident happens, especially if such could have actually been prevented were it not for the cruise staff negligence.

Cruise ship lines are always and fully responsible for the total safety of all passengers, from the moment these travelers board the ship until they would have disembarked at the end of the tour. This means safeguarding every corner on the ship from any reasonably potential hazards, acting and deciding quickly during emergencies and providing fast and accurate medical treatment when necessary.

If standard requirements are complied with, then there shall be no issues of poorly maintained ships, crew and medical staff who are not properly trained or lack of proper security, any of which could result to an accident, an injury or, worse, wrongful death.

The reverse scenario, however, is frequently reported by the media regarding cruise ships as cases of food poisoning, slip and fall accidents, cruise medical staff negligence, assault or battery, pool or recreational area accidents, sanitation problems, sexual assault and even murder occur, time and again, on board or on land during cruise line-approved shore excursions. Injured passengers definitely have the legal right to seek compensation for all the economic loses and medical costs that the injury will result to. Filing a claims lawsuit against cruise liner owners, however, is neither easy nor simple. Where to file a case will have to be in the state, city and court specified at the back of the liner’s ticket (this is called the forum selection clause, which is printed on the ticket). A statute of limitations, which is usually within a year from the date of the accident, will also have to be strictly observed.

Having a highly competitive maritime personal injury lawyer to assist an injured victim, therefore, is often an absolute necessity if the victim hopes to receive the maximum amount of compensation that he/she legally deserves.

bottom