Tag: Workers Compensation
WORKERS COMPENSATION: Injuries
Workers compensation covers injuries at work. The injuries can be caused by accidents, falling down, or by a machine. Sometimes, repetitive motion causes harm. Examples are constant typing at a computer or handling of machine controls and parts. Other workplace hazards include exposure to toxic chemicals or loud noise. Experiencing […]
PERSONAL INJURY: CAUSATION AND NEGLIGENCE
An unbroken chain must connect cause-and-effect between an accident and an injury in any case. It may seem obvious. But, causation is a fundamental element underlying every claim of negligence. As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had […]
WORKERS COMPENSATION: BENEFITS DEFINED BY LAW
Employees injured on the job become eligible for workers compensation benefits to help them back on their feet. The compensation system represents a state mandated insurance system spelling out certain defined benefits to employees who suffer job related injuries and illnesses. Each state has its own workers compensation laws. What […]
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is […]
Can a Personal Injury Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she […]
Injury Cases: 10 Reasons Not To Do It Yourself
Injury cases at first might seem deceivingly simple and straightforward. But once you run into unknown legal hurdles and insurance tricks you realize it’s not so simple. Here are 10 reasons not to try the do-it-yourself approach on your injury case: 10. Notice Provisions Many people understand statutes of limitation. […]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]
WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?
It can take a long time for an injury claim to crawl through the insurance claims handling process. The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Of course, it depends on […]
HE SAID SHE SAID CASES – EVIDENCE & CREDIBILITY
He said she said. People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it. The question overlooks the reality of court testimony. Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence. Under scrutiny of cross-examination, the […]
PERSONAL INJURY: Mediation & Arbitration
One of the more frustrating things about any case is the amount of time it can take. Mediation and arbitration present an efficient and relatively inexpensive way to resolve many civil disputes. Sometimes called ‘alternative dispute resolution’ or ADR, mediation and arbitration can speed things up. Mediation In mediation, […]
