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3 Critical Things To Know About Filing a Workers’ Comp Claim

By
Albert Hirst
0

A person who gets injured at a workplace has to face grave financial difficulties. Sudden decrease in income along with an increase in the medical bills can cause great hardships for the person and the immediate family members. In this situation, a worker compensation claim proves extremely beneficial in getting some financial relief.

If you have been injured at the workplace, here are three important things that you should know about worker compensation claim.

  1. No Need to Prove Fault of the Employer
    A lot of people are led to believe that they have to prove that the employer was at fault to receive the compensation. The reality is that you don’t have to prove anything to get compensation. Worker compensation is regarded as a no-fault system in the US. Moreover, the amount of compensation you get is not affected by your carelessness in performing the job. However, one condition in which you may not be able to receive worker compensation is when you were under the influence of drug or alcohol when the injury occurred. In such a situation, it’s important that you consult a professional compensation attorney before filing a claim.
  2. Always Report Your Work-Related Injury Immediately
    Some people think that they can always report the injury at the workplace later. However, this is a grave mistake. You can seriously hurt your case of getting  compensation, if you do not immediately report your injury to the employer.
    In some cases, workers don’t report the accident because they think that the work doesn’t fall within their scope of employment, or that they were not on duty when the accident occurred. These are things that you should better let your lawyer to decide since things are not that clear cut when it comes to worker compensation claims.
  3. You can Still File a Negligence Lawsuit
    When you get compensation for the workplace injury, you waive your right to sue your employer. However, this does not mean that you cannot file a negligence lawsuit against a third party. Suppose the injury occurred due to a defective piece of equipment or malfunctioned equipment. In this situation, you can bring a case in the court against the manufacturer. Any amount you receive in this case will be in addition to the compensation received from the employer.

Conclusion About Filing a Workers’ Compensation Claim in California

Getting injured on the job can result in serious consequences. A workplace injury does not just create physical pain; it also results in financial anguish. You can greatly increase your chances of getting an adequate compensation claim by getting in touch with a local attorney who specializes in worker compensation cases.

Attorney Albert Hirst is a highly experienced and talented workers’ compensation lawyer who can help you file a workers’ compensation claim in San Bernardino or Riverside County.

Contact us today to know how we can help you in getting the much-deserved compensation for your injury.

Classifying a Traumatic Brain Injury (TBI) as Mild, Moderate, or Severe

By
Chad Gates
0

While every traumatic brain injury, or TBI, is serious, doctors, therapists, and insurance companies use various systems to classify an individual person’s TBI. The classification guides treatment and long-term care decisions. How a TBI gets classified also indicates whether the person who suffered the traumatic brain injury may experience permanent physical, cognitive, and emotional disabilities.

What causes a TBI?

TBIs can have many causes. As Columbus personal injury attorney, we at Agee Clymer Mitchell & Portman most often help clients who sustained brain injuries in car crashes. On-the-job accidents are another frequent cause. Errors made by doctors and nurses during pregnancy and delivery can leave a newborn with a TBI, and a physical assault can inflict a TBI on a person of any age.

Impacts, lack of oxygen, and exposure to toxic chemicals can all result in TBIs. Whether a TBI sufferer has grounds for filing a personal injury, workers’ compensation, or intentional tort claim will depend on why the problem occurred and the severity of the brain injury.

How Are TBIs Classified?

For many years, the gold standard for classifying TBIs was the Glasgow Coma Scale. This system uses the distinctions mild, moderate, and severe, and it relies mostly on the symptoms a person experiences within the first day of receiving a blow to the head, suffocating, or being poisoned.

Using the Glasgow Coma Scale, a person will be diagnosed with mild TBI if he or she can

  • Keep his or her eyes open,
  • Follow a light or pen tip with their eyes while not moving their head,
  • Respond appropriately to questions,
  • Recall lists of names or objects correctly,
  • Maintain balance while standing and walking, and
  • Perform tasks like drawing the correct time on a blank clock face.

A moderate TBI diagnosis indicates good performance on most assessments of brain function, while a severe TBI diagnosis indicates that the person has significant mental and physical impairments. To put the classifications into more-familiar terms — while also simplifying the reality somewhat — a concussion that resolves quickly would generally be considered a mild TBI. Losing consciousness for more than 30 minutes and not being able to recall details right before and for some time after the injury could be considered a moderate TBI. A severe TBI could be one that puts the victim into a coma and creates lifelong disabilities.

The Mayo Classification System for Traumatic Brain Injury Severity is also in wide use. It, too, relies on symptoms such as losing consciousness, suffering a skull fracture, experiencing bruising around the face and head, experiencing temporary amnesia, and bleeding inside the skull. Two or more of these problems places a person in the moderate-to-severe TBI category. The other Mayo classifications are probable TBI and possible TBI.

Regardless of how severe a traumatic brain injury is when it first occurs, lingering problems can make the victim’s life almost unlivable. Blinding headaches, uncontrollable mood swings, loss of muscle coordination, blurred vision, poor decision-making, speech difficulties, and long- and short-term memory loss can all persist for months or years after a brain injury. Often, the real adverse effects of a TBI do not become clear until long after any physical wounds have healed.

How Can a Lawyer Help a TBI Victim?

Anyone in Ohio who has suffered a TBI or a possible TBI due to an accident or attack should contact a Columbus personal injury attorney to discuss options for holding the negligent, reckless, or criminal party financially accountable. An insurance settlement or court judgment can cover past medical bills, lost wages, and future health care needs.

Author Bio:

Daniel Tan is a professional blogger and currently working with Finduslawyers.org. Find US Lawyers offers articles, news, and guest post on a wide range of legal topics.

Compensación Laboral: 4 Consideraciones Críticas

By
Domingo Castillo
0

*Actualizado en Noviembre de 2021.

La ley de compensación laboral fue introducida en los Estados Unidos en 1908. El objetivo de la ley es aliviar la carga financiera de los trabajadores lesionados en el lugar de trabajo. Una lesión puede crear grandes dificultades financieras para el trabajador lesionado así como para los familiares dependientes. En tal situación, la ley de compensación laboral ayuda a aliviar la carga financiera del trabajador lesionado.

En este artículo, arrojaremos luz sobre los aspectos importantes de la ley de compensación laboral. Sabrá dónde se aplica y cómo maximizar los beneficios de compensación en caso de una lesión en el trabajo.

1. ¿Qué es la Ley de Compensación para Trabajadores?

La ley de compensación laboral se refiere a la asistencia monetaria brindada a los trabajadores por una lesión laboral. El objetivo de la ley es disminuir la carga financiera sobre el trabajador lesionado mientras se recupera de la lesión. La asistencia financiera puede ser de gran ayuda para que los trabajadores lesionados se levanten rápidamente después de una lesión.

2. ¿Cuándo se aplica?

Tenga en cuenta que la ley de compensación laboral de California no se aplica en todas las situaciones. Un trabajador tiene derecho a una compensación solo si la lesión ocurrió en el lugar de trabajo o mientras realizaba un trabajo relacionado con el trabajo o hizo un trabajo o favor de beneficio a la empresa o los dueños y los gerentes. En caso de que un trabajador se lesione en un accidente automovilístico o asista a un evento durante el fin de semana, la ley de compensación laboral no se aplica. Solamente aplica si estaba al benéfico de la empresa o los dueños. Por otro lado, si el trabajador se lesiona después de caerse de las escaleras o si el andamio cayó en la cabeza, se aplica la ley de compensación laboral.

El litigio a veces se lleva a cabo cuando hay una confusión con respecto a si la lesión ocurrió en el lugar de trabajo. En tal caso, debe solicitar la ayuda de un abogado de compensación laboral como el Bufete de Castillo & Asociados al 1-800-497-9774. El abogado se asegurará de que no se abuse de sus derechos y de que obtenga el pago de compensación que usted merece.

3. ¿Qué cubre?

El plan de compensación para trabajadores proporciona cobertura de beneficios relacionadas con el tratamiento de las lesiones que ocurrieron en el lugar de trabajo. En algunos casos, los trabajadores también reciben pagos equivalentes a la licencia por enfermedad cuando están de baja médica. Estos se llama Beneficios de Incapacidad Temporal. Sale a 66.7% de los pagos de ingresos cada semana. Además, en el desafortunado caso de que un trabajador fallezca debido a un accidente en el lugar de trabajo, el pago de compensación se le otorga a los dependientes. Esos beneficios son de &250,000.00 hasta $500,000.00 y más con más hijos dependientes.

4. ¿En qué se diferencia de los ingresos por desempleo y el seguro por discapacidad?

Tenga en cuenta que la compensación a los trabajadores es diferente de los ingresos por desempleo y el seguro por discapacidad. La ley de compensación laboral se aplica solo cuando el trabajador se lesiona o muere durante el trabajo. Sin embargo, el seguro de desempleo e incapacidad se paga independientemente de si la lesión ocurre dentro o fuera del lugar de trabajo.

Límite de tiempo para presentar una reclamación de indemnización laboral

Todos los estados tienen un límite de tiempo en el que puede presentar un reclamo de compensación para trabajadores. En California, las reclamaciones por lesiones laborales están sujetas a un plazo de prescripción de un año (1 año). Los pagos de la aseguran a pagan por dos (2) años. Más allá de la obligación de informar las lesiones a su empleador de manera oportuna, un empleado tiene un año a partir de la fecha de su accidente para presentar una reclamación.

Obtener la ayuda de un abogado facilitará el proceso de obtener una compensación por la lesión laboral. En caso de que haya resultado lesionado en el lugar de trabajo, debe comunicarse con el Abogado de Casos de Compensación para los Trabajados Lesionados el Abogado Domingo Castillo de Castillo & Asociados llamando al (800) 497-9774. Hemos servido a San Diego, Coachella Valley, el Inland Empire, Riverside, San Bernardino, El Centro y Los Angeles.

Informed Consent in the Context of Medical Malpractice Cases Explained

By
Richard Rohde
0

The concept of ‘informed consent’ is important in the context of medical malpractice cases. Whether the doctor has received an informed consent from the patient prior to a treatment has a strong bearing on a malpractice case. If a patient has not given an informed consent to a treatment that resulted in an injury, the doctor can be sued in the court.

In this article, we will explain what is meant by informed consent, and what are the legal options in case of injuries due to lack of informed consent.

Informed Consent: What Does It Mean?

The exact definition of informed consent in the context of medical malpractice differs from state to state. A doctor is legally required to obtain a written consent from the patient before performing a medical procedure that involves serious risks. This process of obtaining consent from the patient is known as informed consent.

However, signing a form alone does not constitute an informed consent. The doctor must inform the patient about all the potential benefits and risks, as well as alternatives to a particular medical treatment.

What InformationShould be Disclosed to the Patient?

The patient must fully understand the risks and benefits before undergoing a treatment. A doctor will be held legally liable if a patient is not informed of the risks. Here are some of the information that a doctor should discuss with the patient.

  • The purpose and the nature of the treatment
  • The risks and benefits of the treatment
  • Alternative procedures to treat the condition
  • The benefits and risks of the alternate procedures
  • The benefits and risks of not undergoing any medical procedure

Exceptions to the Disclosure Requirementsregarding Informed Consent

Remember that informed consent is not required in certain situations. Two particular situations in which an informed consent is not required include the following.

Medical Emergencies

When it comes to medical emergencies, the doctors must act quickly to save the life of an individual. Usually, there is no time to discuss all the risks with the patient. In such a case, the doctor will not be held liable for medical malpractice due to lack of informed consent.

Distressed Patients

Another situation in which an informed consent may not be required is when a patient is too distraught regarding a procedure for treating a life-threatening disease. For instance, an informed consent may not be required if a patient suffers from a life-threatening brain tumor and the treatment involves frightening risks such as loss of motor functions. In such a case, the doctor can be vague when describing the risks.

A doctor must have a clear reason for not disclosing any information. Without a clear reason, a doctor will be held liable for medical malpractice for lack of informed consent.

You should contact RRohdeLaw.com by dialing 626-593-5786 to get in touch with a personal injury attorney in California. We have experienced personal injury lawyers who are skilled in handling medical malpractice cases involving lack of informed consent. They can help you in getting the maximum possible compensation for injuries sustained due to medical malpractice.

Personal Injury Claims: Concluding Pain & Suffering

By
Joel Smith
0

In every state within the United States of America, including the state of California, a major factor of a personal injury lawsuit or claim could be the amount of pain and suffering that was endured by the victim in question. In these cases, pain and suffering can either be physical pain or emotional – the defendant can still be held responsible, granted that the victim is able to provide adequate proof that their injuries were caused by the negligence of the defendant.

However, a lot of terms and conditions apply to a personal injury lawsuit. Hence, it is better for one to truly understand what counts for pain and suffering in a personal injury case and what does not.

Nature of the Affliction

Before an individual attempts to file for a personal injury claim in the state of California, they must gather all evidence that not only proves the severity of the damage incurred, but this evidence must also be legitimate enough to prove in the court of law that the defendant was truly at fault. Furthermore, the nature of the affliction also plays a crucial role in the verdict.

For Example: Suppose that an individual received injuries from an external source, such as a traffic accident with a truck driver, due to which they lost their ability to walk or their ability to communicate. This in turn, led them to come close to being unemployed due to their incapability of performing well within the workplace. It is highly likely that the person in question would experience feelings of incapability, unworthiness, and powerlessness. They may even end up being severely depressed. These factors mean that the individual is entitled to file a personal injury case against the person who caused them injuries – granted, that they have evidence against the person.

Classifying Pain and Suffering in Personal Injury Claims

The pain and suffering within a personal injury claim can be classified into two groups:

  • Physical pain & suffering: Strained muscles, loss of vocals, broken bones, broken limbs, etc., will be classified under this category. All physical injuries that the individual has had to endure as a result of the accident will be acceptable as physical pain and suffering in the court of law.
  • Emotional pain & suffering: Emotional imbalances, such as depression, anxiety, or any other type of mental pain and suffering inflicted upon an individual as a result of an accident will be classified under emotional or mental pain and suffering. Other emotional distresses such as Post Traumatic Stress Disorder, anxiety, torture, or any other mental disorder will be acceptable as mental or emotional pain and suffering in the court of law.

Time Limitation for Filing a Lawsuit

However, it should be noted that there are time limits as to how late a personal injury claim can be filed in the state of California, as well as all other states in the United States of America. According to the California statute of limitations for personal injury cases, the injured receives a time period of two years starting from the date of the injury, for the purpose of filing a lawsuit against the person who caused them the injury. Anything beyond the two year mark will result in refusal to hear your case by the court as well as the loss of your rights to receiving reimbursement or compensation for your injuries.

The Law Offices of Justin H. King helps victims of serious and traumatic injuries work towards fair settlements and verdicts. They also represent victims of dog bites in Fontana, CA. You can learn more about their firm at their website http://justinkinglaw.com/.

What You Need to Know Before You Select a Personal Injury Lawyer

By
Joel Smith
0

In this day and age, finding a personal injury lawyer may be an easy thing to do, but there is little to no surety that the selected personal injury lawyer will actually help or benefit your case. Often times, a lawyer may seem capable and proficient in their job, but when the time comes, the realization that not much has been done to aid your case will hit you hard – and by that time, it might be a little too late.
Cases that revolve around personal injury claims are rather complicated in nature, and it is crucial to the victim to have a lawyer that is proficient and skilled in their line of work. There have been instances when the victim was in dire need of a lawyer devoted to help their case, but in turn, they ended up paying the price and getting no real help or assistance in return.
To ensure that you don’t fall into the same trap, it’s imperative that you have the basic skill and knowledge of what to look for in a personal injury lawyer.

Tips to Help You Hire the Finest Personal Injury Lawyer

As aforementioned, finding a personal injury lawyer who isn’t just looking to rip you off is nothing short of a challenge. It can also be rather heartbreaking to find yourself in a situation where you’re already helpless and are stuck with an attorney, only to find that they did nothing to help you and your case. Hence, it is crucial that you read the following tips before you select an attorney:

Verify the Qualifications & Credibility of the Attorney
Although law is a vast field, no one can just become a lawyer because they wanted to. They have to pursue years of extensive studying to form the foundation of their career. Evaluate your attorney’s qualifications, disciplinary record and success percentage to get a better understanding of whether or not they’re the right attorney for your case, i.e. personal injury litigation.

Evaluate the Practices of the Attorney
In desperate times, we may forgo asking for previous practices and experiences just because we’re in a hurry to get moving on a case. However, it is imperative that you evaluate the experiences of your attorney in past trials that they have conducted.
Did they win? If not, why did they lose? What’s their winning ratio? Do they have a thorough and systematic understanding of personal injury litigation? What is their negotiation experience? These questions can really help you base a judgment on whether or not the attorney is worth your time and money.

Keep Your Options Open
Unless you’re going to a firm that success and a high percentage of success, it’s always better to search out meetings with more than one attorney and or firm to really have a wide pool of choices. The Law Offices of Justin King practices only personal injury and has a success rate to back his experience. The work in all areas of personal injury including auto accidents, medical negligence and dog bites. You can learn more about their accomplishments on their website: http://justinkinglaw.com/.

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