September 25, 2020
Personal Injury Lawyer
If you suffered an injury while on the job, you could be entitled to workers’ compensation. Of course, to file, you must stay within the time limits allotted to you. Your time limit for filing a claim is dependent on the state that you live in. Some states have more relaxed regulations. For instance, in some states, your deadline may be six years from the date of the injury.
Most states require you to report an injury or illness between one and three years. There are exceptions to the time limits in most states. If you developed an illness at work and had to go into quarantine because of it, then you may have more time to report the illness.
Should You Report the Injury Right Away?
If you suffer from a sudden injury at work, you should report it to your employer as soon as possible. In most states, you have between 10 and 90 days to file a report with your employer. In some cases, you do not have to make a written report. If your employer knew about your injury, then the lack of a written report will not harm your case. The biggest priority that you should have is to inform your employer that you are injured and that the injury took place while you were at work.
What About Illnesses and Conditions That Develop Over Time?
Some illnesses and conditions may develop over time. Repetitive strain injuries, for instance, may develop over a length of time. In these cases, you may not recognize that you have an injury when the condition first develops. If you have carpal tunnel, for instance, you are most likely going to seek medical attention and need time away from work when it flares up or is serious enough to affect you. Similarly, if you come down with an illness, you may not have it when the event that caused the illness occurred. For instance, sailors who have mesothelioma did not contract it when they first were exposed to asbestos.
When it comes to workers’ compensation, you always want to file a report as quickly as possible. If you suffered an injury that affects your ability to work, then you should report it quickly. The sooner that you report it, the sooner you will receive compensation. For more information about workers’ compensation, contact a lawyer, like a workers’ compensation lawyer from Hickey & Turim, as soon as possible.
August 17, 2020
Personal Injury Lawyer
Have you been injured at work? If so, you may have a lot of questions and are unable to find the right answers. Below, our workers’ compensation lawyers have addressed some of the most popular questions we receive most often. If you would like further assistance, please call to speak with a work injury lawyer, like from Hickey & Turim, SC, today.
What Should I Know About Workers’ Compensation?
Workers’ compensation is a type of insurance that is available for most employees who have been injured on the job. The program is meant to provide coverage for medical treatment and a portion of lost income when you cannot work. In general, any employer who has at least three employees must have this coverage. There are many different exceptions; therefore, if you don’t know whether you are eligible, you can call a workers’ compensation lawyer.
When Does Coverage Begin?
Workers’ compensation coverage should begin on your first day of employment. If you are unsure, you might consider reviewing your employee handbook.
What Steps Should I Take After an On the Job Injury?
Following an on the job injury, you should report what happened to your employer as soon as possible. If you fail to do so, you may lose your ability to recover benefits. In the event you are incapacitated, family members may be able to file a claim on your behalf.
Injuries Covered By Workers’ Compensation
Workers’ compensation covers injuries that occur while you are working. In other words, the injury must have happened while you are performing your work duty and because of your job. The injury does not necessarily have to happen at the site of your job, but rather is covered as long as it occured in the course of your work day. For example, a delivery driver, who was making deliveries, would likely be covered.
Activities That May Not Be Covered
In general, you will not be covered for benefits during your lunch break or while commuting to and from work. If you were injured at these times, you may need to file your own insurance claim. Engaging in reckless behavior or horseplay, or being injured in an accident caused by intentional misconduct will likely disqualify you from the benefits.
What Are Workers’ Compensation Benefits?
After you have been injured on the job you may have the right to recover benefits for your associated medical care, rehabilitation, and a portion of your lost wages. Additional compensation for necessary travel expenses might also be covered. If you cannot work, the amount of lost income you can receive is set by law. In general this is approximately two thirds of your weekly wage. When the injury resulted in death, benefits for any dependents, as well as funeral expenses may be available.
Give a workers’ compensation lawyer a call to schedule an initial consultation with a leading law firm. They’ll review your case, answer your questions, and help you to understand what you should do now.
July 15, 2020
Personal Injury Lawyer
If you’ve been injured in an accident, you might be waiting for a settlement to be reached. You probably plan to pay your medical bills with that settlement money, but is there anything you can do in the meantime? If you don’t pay those medical bills, will that impact your credit score? Unfortunately, yes.
What Happens to Unpaid Medical Bills?
Just like any other type of bill, medical bills could eventually end up in collections if they don’t get paid. Your medical provider might send you a 30-day notice, 60-day notice, and even a 90-day or 180-day notice first, but if those all go ignored, your next notice could be a call from a collections agency. When that happens, it makes a dent on your credit score. There are some changes to credit reporting practices that are meant to protect your credit, but not every medical bill will fall within the requirements.
How Can One Stop This from Happening?
If you’re worried about the negative impact your unpaid medical bills could have on your credit score as you wait for a personal injury settlement, you do have some options. The following are some ways you can prevent that from happening.
- Using personal health insurance – Even if the accident you were involved in wasn’t your fault, you may be able to use your personal health insurance to cover the costs. Chances are, your insurer will place a lien on the settlement, which means the company will be paid back with your settlement before you receive any of the cash yourself.
- Using personal injury protection – PIP is a type of coverage meant to pay medical expenses that resulted from an accident, no matter who was at fault. PIP usually tops off at a certain amount, so as soon as those first medical bills have been paid, you won’t have any more PIP to cover the rest.
- Working with your healthcare provider – Some healthcare providers will work with you on a payment plan or a reduced rate. This is often for services paid in cash at the time of service, but every provider has different benefits they offer, so it’s worth looking into.
- Signing an authorization and assignment – If you have no other way to pay for medical care, you can sign an authorization and assignment document that basically promises the expenses will be paid from your settlement before anything else gets paid from it.
Allowing an Attorney to Intervene
Not every situation is straightforward and easy to handle. If you’re dealing with a future settlement from a personal injury lawsuit, and you’re trying to get your medical bills paid in the meantime, contact a lawyer, like a personal injury lawyer from Hickey & Turim, to intervene in your case.
July 13, 2020
Personal Injury Lawyer
Being involved in a motor vehicle accident is not fun for many reasons. The physical agony, the mental agony, and the financial burden it causes can affect so many different things. One of those things is our car insurance. Usually when a motor vehicle accident is report it to an insurance company the monthly premium is increased. This causes many people to avoid reporting a motor vehicle accident that they were involved in. In most cases if there are no serious injuries many people may think there is no need to inform the insurance company. And even more cases if the damage is not severe to the vehicle people may feel it is unnecessary to contact Their insurance company. This is not entirely untrue but there are some things to take into consideration when making this decision.
Before deciding to keep your motor vehicle accident away from your insurance company make sure you review your car insurance policy. In many cases, which policyholders do not know, your car insurance policy requires that you report the accident to them. In some cases you feeling to report an accident would affect you even more than the accident itself. Sometimes both involved parties come to an agreement amongst themselves in regard to any damages. However, these agreements are not obligations. So now you have to think of what happens. Should that person not uphold their end of the bargain and you are forced to then report your accident later to your insurance company that could affect you more negatively.
Unfortunately, it may cost you more to not report your accident to your insurance company. The increase in your premium may be less than the cost of any repairs. Failing to report the repairs means that you will have to pay for them yourself. These are ways that feeling to report your motor vehicle accident to your car insurance company can affect you. Being involved in a motor vehicle accident with another party can make this very complicated. Your smartest and best option will be to contact your car insurance company and discuss what your options are regarding your premium and having any damage is covered regardless of who was at fault.
If you or someone you know was involved in a motor vehicle accident and are unsure as to whether they should contact their insurance company, contact a personal injury attorney, like a personal injury attorney in Dekalb County, GA from Andrew R. Lynch, P.C. By speaking with an attorney you will learn what your legal options are and also see if you can seek compensation for any damages from the other party.
April 30, 2020
Personal Injury Lawyer
A statute of limitations is a law that limits the time for filing a lawsuit. The time in which the suit can be filed is known as the limitations period. After the limitations period ends, an injury victim loses the legal right to recover compensation from the person who was responsible for the injury.
A statute of limitations serves a couple of purposes. Having a deadline for filing suit encourages people not to “sit on their rights.” Nobody should have to spend years wondering whether they are going to be sued by someone they arguably harmed.
Going to court promptly also helps the legal system achieve correct results. The passage of time causes memories to fade and makes evidence more difficult to find. The outcome of a lawsuit becomes less reliable when an injury victim waits a long time to start it.
States establish different limitations periods for different kinds of legal claims. They typically allow longer limitations periods when a claim is based on documents (such as a lawsuit for breach of a written contract). Witnesses might forget what happened in the past, but documents do not suffer from memory loss.
A shooting at a restaurant depends on witnesses who must testify about what happened. For that reason, lawsuits involving shootings usually have a shorter limitations period than some other kinds of lawsuits. A security negligence lawyer can help victims understand the limitations period that applies to a potential lawsuit against a restaurant where a shooting occurred.
Liability for a Shooting at a Restaurant
Victims of a shooting can sue the person who shot them. Limitations periods based on intentionally violent conduct tend to be relatively short.
When a restaurant owner should have foreseen the risk that a patron might be injured in a violent confrontation, a legal claim can be based on the owner’s failure to take reasonable precautions to protect patrons from harm. Restaurants have a duty to provide security when the circumstances (such as being located in a high crime area) would place reasonable restaurant owners on notice that patrons are at risk of being harmed by violence.
Restaurants also have a duty to make their premises safe for patrons. Owners are negligent when they fail to install adequate lighting if they should realize that criminals might take advantage of poor lighting to rob or sexually assault patrons. When a shooting death occurs under those circumstances, crime victims can bring a lawsuit to hold the restaurant liable.
Statute of Limitations for a Shooting at a Restaurant
Each state establishes its own limitations period for negligence and wrongful death. The statute of limitations for a lawsuit alleging a restaurant’s negligence might be as short as one year or as long as six years. The most common limitations periods for negligence lawsuits are two or three years.
When a crime victim dies in a shooting, the victim’s family or estate can bring a wrongful death lawsuit. The statute of limitations for a wrongful death caused by negligence is typically, but not always, the same as the limitations period for bringing an injury claim based on negligence.
State laws may also establish exceptions to the limitations period. A common exception applies when a minor survives a shooting. Most states allow more time for minors to bring lawsuits. Disabled victims who are mentally incapable of bringing a lawsuit on their own might also have more time to sue.
If the victim’s estate must bring the wrongful death claim, the limitations period might not begin to run until the estate enters probate. Not all states follow that rule. A personal injury lawyer can advise shooting victims and their families about the limitations period that applies to their claim.