February 11, 2020
While the systems that administer the benefits vary from state to state, employers within a given state ultimately pay for workers’ compensation benefits. In some states, the premiums are paid into a state-run program, while in others a private insurance company collects those dollars. In a few states, employers pay benefits directly to the worker. The type of benefits workers receive are generally the same, regardless of which system your state uses.
Workers’ Compensation Programs Operated by State Governments
In states that operate their workers’ compensation programs, employers opt in to the system and pay premiums to the state or into a state-run insurance pool. Most programs of this type operate through the Department of Labor, the Department of Commerce, or the Industrial Relations Department. Small businesses and industries with few on-the-job injuries usually find it beneficial to participate in a state-run program.
If you get injured at work, and your employer is part of a state-run workers’ compensation program, your benefits come from the department of the government that administers the plan. Behind the scenes, the logistics are similar to that of any other type of insurance. The employer pays premiums, and the state manages claims and pays out benefits.
Workers’ Compensation Programs Operated by Insurance Companies
Most states allow companies to buy workers’ compensation insurance from a private company instead of opting into a state system. If you work for an employer with a private workers’ compensation policy, you file your claim with the insurance company and receive your benefits directly from it. Some states, such as Washington, do not allow private workers’ compensation policies.
Self-Insured Workers’ Compensation Programs
In states that allow self-insurance, the company must prove that it has enough assets to cover claims incurred. The state government monitors these businesses closely to make sure claims are processed and benefits are paid correctly and in a timely fashion.
Employers who elect to self-insure often contract with a third-party to administer claims and benefits. When a work-related injury occurs, the employer pays directly to the administrator, who in turn pays the injured workers benefits. Of the three systems, self-insured plans are most likely to try to avoid paying out workers’ compensation benefits. Large companies can afford to pay lawyers to fight claims on their behalf.
If you get hurt on the job and your employer obstructs your access to your workers’ compensation benefits, contact a knowledgeable and experienced attorney, like a workers compensation Attorneys in Milwaukee, WI, right away. A delay can damage your claim and leave you without the benefits you deserve.
Thank you to Hickey & Turim SC for their input into personal injury law.
February 9, 2020
Personal Injury Lawyer
Potholes and other road damage pose a constant hazard for bicyclists. Hitting a pothole or a large crack in the road while riding at even a moderate speed can send a bicyclist flying over the handlebars.
Bicycle helmets can help riders avoid head injuries, but even the best bicycle helmet cannot prevent a concussion in every fall. Concussions can cause traumatic brain injuries. Other serious injuries that commonly result from bicycle accidents include broken arms and fingers, wrist and knee injuries, facial disfigurement, road rash, neck injuries, and torn muscles.
States generally recognize the right of injury victims to make a claim against the government (or the owner of a private road, parking lot, or driveway) for injuries sustained by potholes and other road defects. Before thinking about injury compensation, however, bicycle accident victims should take care of their health by seeking immediate treatment for their injuries.
Obtaining Treatment After a Bicycle Accident Caused by a Pothole or Road Defect
Every serious injury caused by a bicycle accident should be evaluated by a doctor. Don’t take the risk of “walking it off” and not getting proper medical care. Without treatment, an injury can turn into a permanent disability. Head injuries in particular require a prompt evaluation. Bleeding and swelling of the brain can be deadly, but brain trauma does not always produce immediate symptoms. By the time an accident victim develops a headache, it may be too late to reverse the effects.
Neck and back injuries can cause nagging pain that worsens over time. Prompt treatment improves recovery time. Following a doctor’s recommendations, including attending physical therapy, is essential to a full recovery.
Unfortunately, many bicycle accident victims put other priorities ahead of their health. Accident victims impair their opportunity to obtain full compensation when they delay or stop treatment. When medical records show that an injury victim obtained immediate treatment and followed all the recommendations made by healthcare providers, insurance adjusters are more likely to concede that the injury is real and that it was caused by the bicycle accident.
Preserving Evidence of a Bicycle Accident Caused by a Pothole or Road Defect
Accident claims are proved with evidence. To establish that a bicycle accident was caused by a pothole or a crack in the road, the accident victim needs to prove that the road defect existed. It is important to take photos of the defect before a road crew repairs it. Gathering the names of witnesses who saw the accident occur will also help the victim’s lawyer prove the cause of the accident.
The victim’s lawyer may also need to prove that the government knew or should have known about the defect. Lawyers often rely on neighborhood residents to testify that the hazard existed for a significant time and that government employees have driven on the road and were therefore aware of the problem.
Making a Claim for Injuries After a Bicycle Accident Caused by a Pothole or Road Defect
The government is usually responsible for maintaining public roads, though some governments hire private companies to fulfill that responsibility. Whether the state, a county, a municipality, or a private entity is responsible for road conditions usually depends on who owns the road.
The failure to repair a pothole can be negligent act. Most states have specific laws that govern negligence claims against the government. Those laws typically set deadlines for giving the government notice of the injury victim’s claim. Those deadlines are typically shorter — sometimes much shorter — than the statute of limitations. Victims might lose the ability to make a claim if they do not give proper notice before the deadline expires.
The time limit for giving the notice may depend on whether it must be served upon the state, a county, or a municipality. The required contents of the notice may also vary. Contacting a bicycle accident lawyer immediately after the accident is the best way for injury victims to ensure that their rights are protected.
January 28, 2020
When you’re grieving for a loved one, thinking about finding an attorney to handle a wrongful death claim can be overwhelming. You don’t want to spend a lot of time researching how to find a lawyer, but you shouldn’t necessarily choose the first person you speak to. Here are five things to look for when you are ready to speak to a wrongful death lawyer.
Key Factors in Choosing a Wrongful Death Lawyer
Some information you can read about on a lawyer’s website, but you should interview the lawyer to delve into details.
- How much experience does the lawyer have in the area of the law? If your loved one died from a commercial truck accident, you don’t hire an attorney who specializes in construction accidents.
- What is the lawyer’s current caseload and how popular is the person? Popularity is a double-edged sword. On one side, you know that the lawyer has a good reputation, but on the other, it means less time for each client.
- Who will actually be working on the case? How is the time billed? When a paralegal or associate works on your case, will you be billed at a lower rate?
- What is the attorney’s reputation in the community? Talk to people in the industry who might be aware of the lawyer. What do you hear about the lawyer?
- Look at online reviews. Is there a balance of good and not-so-good reviews? Too many good reviews without anyone saying negative things could be a red flag because no attorney will make everyone happy. Too many bad reviews without any good ones is another problem. Unhappy customers tend to be more outspoken, but happy clients should be talking, too.
- Check with the local bar association about disciplinary actions.
- Look for a local attorney who knows the judges and other lawyers who may be involved in your case. This information can be valuable when negotiating and mediating.
- Listen to your inner voice. Make sure you feel comfortable with the lawyer. You will be dealing with this person and need to trust the lawyer with what may be intimate details of your life. If you can’t communicate with the lawyer, it will make the process even more difficult.
Why You Need a Lawyer for Your Wrongful Death Claim
Wrongful death lawsuits are complex issues. You can’t just Google it and handle it yourself. You will need experts to show the negligence of the other party. It takes financial specialists to demonstrate the economic damages. You need a wrongful death attorney in Minneapolis MN who can present your case successfully. Contact a lawyer to discuss your case to take the next steps.
Thanks to Johnston | Martineau PLLP, Attorneys at Law for their insight into wrongful death claims.
December 23, 2019
Your personal injury lawyer may decide to file a lawsuit soon after you hire a lawyer to represent you. That is most likely to happen if the deadline for filing suit (the statute of limitations) is quickly approaching. If the need to file a lawsuit is less urgent, your lawyer may want to investigate the facts and try to settle the case without filing a lawsuit. If your injuries are still healing, your lawyer might want to wait until the full extent of your injuries are known before filing suit.
Many cases can be settled without filing suit. When a lawsuit is filed, however, don’t expect a jury to decide your case within the next few weeks. The time it takes for a lawsuit to go to trial depends on many factors, and a certain amount of delay is built into the system.
Discovery Affects the Time It Takes to Bring a Lawsuit to Trial
Discovery is the process by which each party in a lawsuit learns about the evidence in the possession of the other party. Some discovery is conducted in writing. Depositions, however, consist of testimony that parties and witnesses give under oath in the presence of a court reporter. Depositions are often recorded on video.
In a personal injury case, the injury victim’s lawyer will want to take the deposition of the person who caused the victim’s injuries. The lawyer might also take depositions of other witnesses who have knowledge of key facts, particularly if those witnesses will not share their knowledge voluntarily.
The insurance company lawyer will want to take the accident victim’s deposition. The victim’s personal injury lawyer will spend as much time as necessary to prepare the victim to testify. The victim’s lawyer wants to be sure that the victim will not be surprised by the opposing lawyer’s questions. The victim’s lawyer does not want to be surprised by the victim’s answers.
Personal injury lawyers will often use the injury victim’s treating physician as a witness. The insurance company will typically take the doctor’s deposition. Both sides might decide to use other expert witnesses. If so, each party will want to depose the other party’s experts.
The process of conducting discovery typically takes at least six months. Written discovery usually, but not always, precedes depositions. Since lawyers and witnesses need to coordinate their schedules, it takes some time before discovery is complete. Expert witnesses can be particularly difficult to schedule since doctors and other experts have busy professional lives.
Congested Court Calendars Affect the Time It Takes to Bring a Lawsuit to Trial
To some extent, lawyers are at the mercy of busy judges. Some courts are busier than others, but most courts have crowded trial calendars. Even when the lawyers are ready to bring a case to trial, judges may not be able to schedule the trial until a few months after discovery ends.
In some cases, insurance companies will bring motions seeking to end the case without a trial. Motions to dismiss and motions for summary judgment challenge whether the injury victim’s theory of liability is viable and whether the facts would permit a jury to find in the victim’s favor. Judges schedule trials sufficiently in advance to give themselves ample time to rule on those motions.
Even if discovery is completed within six months, the case might not go to trial until a year or more after the accident. Unfortunately, lawyers have little control over the time it will take a court to schedule a case for trial. Sometimes judges reschedule cases because they are required to give a higher priority to certain kinds of trials.
Fortunately, most lawsuits settle after discovery and before trial. Since there are many factors affecting the timeline of a lawsuit, it is difficult to predict how much time will be needed to resolve any particular case, whether by settlement or jury verdict.
December 18, 2019
Nursing Home Abuse Lawyer
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Most of us lead busy lives, juggling the demands of work while providing for our families. If you have elderly loved ones, it can be challenging making sure they get the care and attention they need. Sadly, elder abuse has become an increasingly common problem regardless of whether your family members are in a nursing home or long-term care facility or receive outside help within their own home. It is important to be aware of the types of elder abuse which most commonly occur, as well as the signs that your loved one may be a victim.
Common Types of Elder Abuse
The National Council on Aging (NCOA) reports that as many as one out of every ten citizens in the U.S. over the age of 60 has experienced some form of abuse, amounting to as many as five million people each year. Unfortunately, only one out of every 14 of these cases is reported to law enforcement, and it is often up to family members to realize that abuse is occurring.
If you have a family member living in a nursing home, assisted living facility, or if they have in house providers, it is important to be aware of the types of elder abuse which are common, these include:
- Physical abuse, such as hitting, slapping, pushing, or pinching
- Sexual abuse, which includes harassment and intimate contact
- Emotional abuse, such as verbal threats and put downs
- Confinement, in which an older adult is isolated or restrained without adequate reason
- Neglect, which involves depriving a person of medical care, food, personal hygiene, or attention
- Deprivation; which may involve withholding medications or access to needed medical devices
- Financial exploitation, which may involve stealing, fraud, or misusing funds
Sadly, it is not always strangers who are guilty of elder abuse. The NCOA reports that in 60 percent of all cases, the abuser is a friend or family member.
Knowing the Signs of Abuse
Many older adults are too ashamed or afraid to admit that abuse is occurring. To protect your loved ones, it is important to be aware of the signs:
- Unexplained bruises, broken bones, or other injuries
- Worsening medical conditions without a reasonable explanation
- Increasingly withdrawn or depressed behavior
- A disheveled appearance, losing weight, or the existence of bedsores
- Increased anxiety or agitation in the presence of certain people
- Unexplained loss of money or property
- Behavior that may mimic dementia, such as rocking or thumb sucking
- Dehydration, malnutrition, infections, and other signs of neglect
If you suspect elder abuse your first steps should be to report it to your local law enforcement, as well as to the supervisor and administrator for any care providers. Make alternate arrangements to ensure your loved one’s safety and contact a nursing home attorney as soon as possible. Our elder abuse attorneys can advise you on the best course of action in your situation and can assist you in holding responsible parties accountable. Contact our office today and request a free, confidential consultation to see how we can help.
December 18, 2019
Intellectual Property Lawyer Naperville IL
Attorneys at the Law Offices of Konrad Sherinian, LLC have secured registration of U.S. TM Reg. No. 5890002, which is an important logo for an up and coming women’s clothing retailer. This registration grants the Trademark Owner significant rights, including providing notice to all potential users of the Trademark Owner’s rights in the registered logo, as well as providing ownership for the mark nationwide, and the exclusive right to use the registered mark for the goods and services recited in the registration; in the case of this mark the following goods and services:
IC 025. US 022 039. G & S: long sleeved t-shirts, short sleeved t-shirts, tank tops, crop tops, sweatshirts, hoodies, hooded sweatshirts, jackets, blouses, kimonos, cardigans, ponchos, dresses, graphical t-shirts, hats, graphical hats, hats sold with graphical wraps, top hats, graphical top hats, top hats sold with graphical wraps, caps, graphical caps, caps sold with graphical wraps, visors, ascots, headbands, turbans, scarves including head scarves, clothing combinations, and jogging sets.
IC 035. US 100 101 102. G & S: Online and brick and mortar retail store services featuring long sleeved t-shirts, short sleeved t-shirts, tank tops, crop tops, sweatshirts, hoodies, hooded sweatshirts, jackets, blouses, kimonos, cardigans, ponchos, dresses, graphical t-shirts, hats, graphical hats, hats sold with graphical wraps, top hats, graphical top hats, top hats sold with graphical wraps, caps, graphical caps, caps sold with graphical wraps, visors, ascots, headbands, turbans, scarves including head scarves, clothing combinations, and jogging sets.
These rights provide the Trademark Owner with a significant competitive advantage within the United States.
If you need assistance in obtaining a trademark registration in the United States, reach out to a trusted Chicago trademark attorney. Our experienced team also has knowledge how to obtain international patents, and one of our staff is fluent in Chinese. Our attorneys have secured numerous trademarks for clients around the world, and can help you with your Trademark Law and Intellectual Property Law needs. Reach out to us today, and we will quickly setup a time when you can speak to an attorney.
You can reach us by phone or email:
The Law Offices of Konrad Sherinian, LLC
December 14, 2019
Personal Injury Attorney Chicago
After 14 months of litigation, the case of Hollins v. Patel has been resolved by settlement. In this case, the Plaintiff, a teen celebrating her graduation from eighth grade, was struck by a vehicle while crossing the street. Despite the teen suffering significant injuries, the Defendant’s insurance company refused to offer any payment until Sherinian Law was retained, and a lawsuit was filed on September 21, 2018. While Defendant initially resisted settlement, after extensive discovery, a settlement was reached in November of 2019.
If you have been injured in an automobile accident or some other way due to someone else’s negligence, reach out to a personal injury attorney Chicago trusts. Our attorneys have litigated numerous personal injury matters and can help you obtain fair compensation for your injury. Reach out to us today, and we will quickly setup a time when you can speak to an attorney.
You can reach us by phone or email: P: 630-318-2606 E: email@example.com The Law Offices of Konrad Sherinian, LLC
December 12, 2019
The Family and Medical Leave Act provides employees to take leave under some conditions. Understanding whether you are eligible and understanding the conditions can be complex. You should talk with a workers’ compensation lawyer if you have questions.
Most government agencies and businesses with 50 employees or more are required to comply with the FMLA. As an employee, you must have worked for this employer for at least 12 months. Even if you do not work for this employer all the time, you may still qualify under some circumstances.
What is Covered Under the FMLA?
The core benefit under the FMLA is the right to take up to 12 weeks of unpaid leave per 12 month period under certain circumstances. These circumstances include childbirth or the adoption of a child or recovery from a health problem that was serious. You might also qualify if you took leave to care for a family member who was dealing with a serious health problem. If you or a spouse will be going into active duty in the military, the FMLA may cover transition time to get ready for that obligation.
While the employer has no obligation to pay for this leave, this is still an important benefit. Your employer must maintain your health insurance, and they cannot fire you because you have taken this extended leave.
What is a Serious Health Condition Under the FMLA?
Health conditions that might apply to you or a family member would include pregnancy, chronic illness that makes someone unable to attend work, and conditions that caused a stay in the hospital. There are other factors to qualifying as a serious health condition, so talk to a workers’ compensation lawyer if you think you’ve been denied benefits.
What Are Some Limits to the FMLA?
Unfortunately, the FMLA does not cover every situation. Even larger companies can avoid their responsibilities under the FMLA if the affected worker is at a location with fewer than 50 employees within a 75-mile radius. Key employees, defined as someone in the top 10 percent of the employer’s payroll within the same 75-mile radius, are not protected by the FMLA.
If an employer can demonstrate that allowing an employee to come back to work after taking FMLA leave will cause them “substantial and grievous economic injury,” as the act itself puts it, they may be able to avoid bringing the employee back.
While the FMLA provides some benefit to employees who are facing difficult situations, its protections are far from ironclad. If you are concerned about your rights under FMLA, you should contact a workers’ compensation lawyer in West Allis, WI.
Thanks to Hickey & Turim, SC for their insight into workers’ compensation claims and the family and medical leave act.
December 5, 2019
Motor vehicle accidents are scary. Motor vehicle accidents can be very traumatic and life-altering in several ways. If you are involved in a motor vehicle accident that contains a hit-and-run, this may pack on an intense load of additional stress and frustration. Hit-and-run accidents occur when an individual strikes other property and leaves the scene of the accident before taking the proper steps to resolve the matter. Which may include, calling the police, exchanging contact information, and insurance information. Should you or someone you know be a victim of a hit-and-run, although you are frustrated, there are a few things you should do immediately after.
What you do following a hit-and-run incident is just as important as what the at-fault party is expected to do. It is impossible to gather the at-fault party’s contact and insurance information, therefore there are additional steps that must be taken that will assist you in seeking compensation damages that you have suffered.
1. Get to a safe location so that you may avoid another incident occurring. It is natural to want to chase the other person that caused the accident, but this is not safe. If necessary, always seek medical attention as soon as possible.
2. Call law enforcement. Reporting the accident informs law enforcement that this occurred, hit-and-run accidents could also lead to criminal charges for the other party so officers should be informed. Provide all the details you have, maybe the color, make, and model of the car, as well as the direction it had gone with the license plate number should you have it. Photos are very helpful.
3. Any information that you have related to the incident should be kept during this investigation. Photos of your vehicle, any property damage, any injuries, and the scene of the accident. Take note of the details of the incident and how it occurred.
4. Check for witnesses and gather their record of the incident, as well as their contact information should they be able to help you in the future of your case. This is information is likely to support your story as well.
5. Report the accident to your automobile insurance company. Depending on your coverage, you may be covered for property damage and bodily injury with this instance under Uninsured or Uninsured Motorist coverage. When you contact them, let them know the details of what occurred.
6. Speak with a skilled personal injury attorney to see what legal options you have regarding the damages and filing a potential claim.
Personal injury attorneys offer free consultations, once these steps are taken and if taken properly, a car accident attorney in Dekalb County, GA will be able to help you that much more. Contact an attorney as soon as possible.
Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and hit and run cases.
December 4, 2019
Repetitive Motion Injuries
When you think about workers’ compensation, a large industrial accident might come to mind, but there are actually small injuries that qualify for compensation on a regular basis. Repetitive motion injuries are some of the most common types of workers’ comp claims. If your injury seems insignificant because it’s “just” a repetitive motion injury, know that you are entitled to compensation and should seek it to help you with your medical bills.
What Causes These Injuries?
Repetitive motion injuries happen just as they sound like they would. When someone does one motion over and over, the body may get injured. Take carpal tunnel syndrome for example. This happens when a key nerve in the wrist is compressed. The median nerve controls many of the nerve impulses in the hand, and passes through a small area in the wrist that is comprised of ligaments and bones. When the wrist and hands do the same movement repetitively, they begin to swell, which compresses that median nerve and often results in pain. Other repetitive motion injuries are acquired the same way.
Who Can Suffer From These Injuries?
Repetitive motion injuries happen to a lot of people in a lot of different professions. Some jobs that require this type of movement from one or more parts of the body include assembly line workers, seamstresses, typists, drivers, and other professions. These types of injuries can affect both young and old, or healthy and not healthy individuals. Left untreated, muscles can deteriorate, which makes everyday tasks become difficult.
What Does Workers’ Compensation Do?
When someone is diagnosed with a repetitive motion injury, it’s possible he or she will need some time to recover. Whether that’s due to surgery, or just the doctor’s orders before the condition gets worse, an employer will be required to pay for lost wages until the employee is able to return to work. Any medical bills incurred because of the injury will also be covered by workers’ compensation.
The good news is that most employers are required by state law to carry this kind of insurance, so regardless of the type of work you do, you should have access to compensation when you need it most.
Getting the Help of an Attorney
If you have found yourself with an injury because of repetitive motion at work, you have options. Contact a workers’ compensation lawyer, like a workers’ compensation lawyer in Green Bay, WI, to learn more about what those options are, and to learn what you should do to receive the payout you are entitled to.
Thanks to Hickey & Turim Attorneys at Law for their insight into what repetitive motion injuries are and how workers’ compensation covers them