What to Do When the Work Comp Insurer Doesn’t Believe You’re Injured

Workers should not have to worry if they get injured on the job since there is an insurance policy in place specifically for providing compensation. However, things do not always go smoothly in practice. Claims often get denied by insurers for many different reasons. Perhaps the documents were not filed on time, leading to an automatic forfeiture or maybe other parts of the process were not done correctly. Sometimes, they simply do not believe the claims! It can be an uphill battle fighting these insurers, but just remember that a denial is not the end of the road. Here is what to do when the work comp insurer doesn’t believe you’re injured:

Ask for Clarification

Try to seek clarification about their decision. The letter of denial should contain helpful details that you can use when submitting an appeal. Find out what caused them to doubt your claims so that you can address these point-by-point. Maybe you were not able to provide enough proof to back up your story; maybe they suspect that the incident happened outside of the workplace premises; maybe they suspect that the problem comes from an unrelated pre-existing condition. Whatever the problem, you must pinpoint what it is to be able to plan your next steps carefully.

Provide Strong Evidence

Now that you know the issues that led to the denial, you can work towards countering them with strong evidence. Make it abundantly clear that the injury does exist. Give them documents that will prove this, including all your related medical records. Hopefully, you went immediately to a doctor after accident or injury. Get the results of the lab tests, including X-rays and other scans; provide pictures of the injury and the place where the accident occurred; gather witness testimonies, so that they can see other people are supporting your claim. If workers were present during the accident, then they can be a big boost!

Get Help from State Agencies

In case the insurer still does not believe your claims after all that work, it may be time to seek outside help. You can take your case to the relevant state agencies. They will hear the facts and determine the merits based on the evidence presented. States have insurance boards that monitor and supervise the insurance companies that operate locally. They can intervene in the matter on your behalf if they think that you truly deserve compensation for what happened. It may take a while, so you’ll need to be patient.

Hire a Work Comp Attorney

Another thing that you should consider is getting a Greenville workers comp attorney. You will need their expertise and experience to overturn an initial denial. With their help, you will have a higher chance of success.

Common Securities Law Violations

The stock market has a massive effect on the economy. It is in the best interest of the country that trade remains fair and honest. Companies must also remain truthful in their reports and dealings. Laws have been passed to protect investors and the general public from fraud. The SEC also has a program to protect and reward whistleblowers. The following are some of the most common securities law violations on record:

 

Corporate Fraud

High-level officials may manipulate financial reports to make the company look better than its actual financial situation. They may use accounting loopholes to hide large debts and make failed projects seem like they succeeded. These deceptive behaviors continue to attract people to invest in something that they believe is profitable when things are actually going the other way. Another type of corporate fraud is the creation of dummy corporations with a similar name to mislead buyers into thinking that they are getting securities from a real company. Once the investors try to cash in on their assets, they will find out that they were duped and that their assets are worthless.

 

Ponzi Schemes

This has been around for a long time and has evolved with the trends. However, the basic principles remain the same. This is a type of investment fund where there are no actual investment activities to grow money. The interest promised to investors are instead sourced from the influx of new investors that were enticed through the initial results. The first payouts are usually just as promised but the scheme often crumbles under its own weight. The market is soon saturated and investors eventually dry up. Without a source of fresh funds, it becomes impossible to pay all the old investors.

 

Internet Fraud

The Internet has certainly revolutionized many industries (and modern life, in general), but it has also exposed people to real dangers. One of them is the prevalence of false information, many of them maliciously planted to achieve a certain goal. Fraudsters will sometimes descend upon online forums and chat rooms to spread info designed to cause a massive shift in the price of certain stocks. They will wait for the price to peak and then sell off their stocks for large profits. Meanwhile, the price will eventually crash to its normal value and the fraud victims lose their money.

 

Insider Trading

Sometimes people in the know or insiders will use information that is not available to the public to trade securities. For example, a high-ranking executive may learn about an upcoming merger or a declaration of bankruptcy. He may decide to sell or buy stocks to maximize profits prior to the impending event. Those who are aware of such frauds and wish to alert the SEC may get the services of an SEC whistleblower lawyer for assistance.

Speed Traps in Queens

No one likes to get a speeding ticket, do they? It’s annoying, expensive, and it can really make life more difficult. In some cases, you may not even know what you did wrong when you receive a photo radar ticket in the mail.

Many people underestimate the seriousness of speeding tickets. They think that they’re no big deal; you just pay it and move on with your life. Right? Not always the case. In many cases a speeding ticket can negatively impact your life in very big ways. You could lose your license, get hit with fines too substantial for you to pay, and you could even lose your job.

 

How Do You Deal With Speeding Tickets?

It’s important to take speeding tickets seriously. There are a few ways to deal with speeding ticket issues. You could try to never speed, or fight your ticket any time you receive one. It’s easy for some people to say, “Well, you broke the law, so deal with the consequences.” But is that always fair? What about speed traps?

Speed traps are areas on a stretch of road that are sort of placed there as “traps” for drivers to get caught in. Usually it’s a big change in speed limit that a driver won’t notice before it’s too late. Some might even speculate that the city purposely puts these “traps” in place so that they can generate revenue.

Whether you believe these traps were placed intentionally or not, it would still probably be helpful for you to avoid the speed traps located in the Queens area. Below, these are some of the speed traps to avoid.

  • Northern Blvd. between 69th and 62nd St.
  • Near Main St. and Reeves Ave.
  • Union Turnpike and 113th St.
  • Hillside Ave. mobile speed camera
  • Union Turnpike near Metropolitan Ave.
  • Union Turnpike GCP westbound
  • Astoria Blvd. corner of 94th St. westbound
  • Northern Blvd. by Citifield heading eastbound ramp
  • Linden Blvd. on Cross Island Parkway
  • 215 St. and 53rd Ave.
  • Heading toward Brooklyn, North Conduit by 75th St.

 

Have You Received a Ticket in Queens?

If you’ve already fallen into a “trap” and received a ticket, your only other option at this point for avoiding the negative consequences is to fight and beat your ticket. You will probably need some help from a Queens speeding ticket attorney if you want to win your case.

The judge will likely give your case much more consideration if you have a traffic ticket attorney standing in court beside you.

Requirements for a Medical Malpractice Claim in Louisiana

We trust our health and safety to medical professionals regularly. Whether it’s a yearly check-up, a sudden illness, or our daily medication, we expect our doctors to take care of us. Unfortunately, that doesn’t mean we always leave their office feeling better. You might feel much worse after visiting them.

However, does that mean you have a medical malpractice claim on your hands? It can be tough to prove, since medical malpractice suits tend to be some of the most complex and difficult types of claims to prove. If you’re not sure how to seek out your compensation for a malpractice claim, get help fighting back.

Proving the Doctor’s Responsibility

First, you’ll need to prove that the doctor had any responsibility for your health at all. Doctors have certain duties to their patients, but their duties as a doctor don’t extend to everyone. Instead, you’ll need to show that there was a standard of care that the doctor should have met.

For example, let’s say you walked into an emergency room with symptoms of a heart attack. To meet the standard of care you should receive, the doctor should run appropriate tests and take steps to avoid letting your condition worsen. Typically, you’ll need a medical professional’s testimony to prove this.

Showing Your Doctor’s Negligence

Once you’ve proven that the doctor should have taken care of you, you’ll then need to show how they breached that duty. A simple injury isn’t enough reason, either–you’ll need to show that your doctor was negligent or otherwise unprepared to handle your injury.

For example, if you entered the emergency room with symptoms of a heart attack. When you did, though, your doctor neglected to test you or treat your situation as an emergency. They didn’t take the care needed to reduce the impact of your condition. Now, you might have faced a life-threatening condition, and your health will be affected for years to come.

File a Claim and Fight Back

Unfortunately, gathering all this evidence can be complex. You know what happened, but you’ll need medical opinions and evidence to show that your doctor didn’t take care of you. You’ll need to show that, not only did they make a mistake, but they also didn’t care enough to prevent that mistake.

Unfortunately, it’s tough to prove that, so you’ll need help. A Baton Rouge medical malpractice lawyer can make a difference, and you’ll need the help. Doctors are difficult to sue, and if you don’t act carefully, you could lose your chance at compensation.

So, fight back with the help you need. You’ll need medical opinions and other evidence for your case, and that’s not easy to do alone. So, make sure you have everything you need to file a medical malpractice claim and get the compensation you deserve for your recovery.

Tax Services for Veterans

Benjamin Franklin once said that only death and taxes were certain, and sometimes, it can feel that he was especially right. No matter what you’ve been through, even if it’s war, you’re still expected to pay your taxes and file your return correctly.

Unfortunately, that can be tough. As a veteran, you have unique challenges in your life, so you’ll need the right tools to file. Fortunately, the right tax attorney can help you successfully file and deal with any unique considerations that you as a veteran may have. So, get the help you need before you finish filing your taxes.

Free Filing Options

Many people can take the option of filing for free. There are plenty of tax services that can make filing easy. These tools aren’t built with veterans in mind, however, so you might not find them as helpful as you might have before.

Fortunately, the Department of Veteran Affairs does offer some free tools to help you succeed. These tools are geared toward veterans, meaning that they should cover the unique situation that veterans are in. So, seek out the right tools or attorney and ensure you get the full benefits you deserve.

While these tools can help you file on your own, however, you may need more, personalized help to get your taxes handled right. When you’re dealing with disability benefits, for example, you may need personalized help from a tax lawyer.

Veterans May Receive Special Benefits

Keep in mind that, as a veteran, your disability benefits will be taxed differently. That can make things more complex, so you’ll need to understand what those benefits are and how your tax lawyer can help. Make sure you’re getting the full return you should receive based on your condition.

For example, if you were injured in combat, the disability severance pay you receive should not be taxed. Because a tax lawyer or program not geared toward veterans may not consider this, that could mean paying more in taxes than you should.

There are also grants available for veterans injured and struggling with disabilities. For example, you may be eligible for a grant that will cover a vehicle if you’ve lost your sight or a limb. Benefits like these shouldn’t be included in your gross income, and your lawyer can help you avoid paying more than necessary.

Struggling with Your Taxes? Get Help Today

Dealing with taxes is difficult for all of us. For a veteran dealing with their disabilities, however, it can be more complex and more difficult to understand. You’ll need help when you’re struggling to get your taxes file.

Often, that means you’ll need a tax attorney on your side. These lawyers understand your tax situation, and they can help you unravel the more complex parts of your claim. If you’re struggling with your taxes, get the help you need with your return. With the right tax lawyer on your side, you’ll get the benefits you deserve without needing to worry about your taxes.

Injured at Sea? Call an Attorney

Are you a seaman? Do you have your loved one working in a crew on the sea-going vessels or at the port? Sea accidents are common, and individuals working in or around the sea should be aware of the protections established under the law. While sea accidents fall under the general accident law, they differ from the typical workers’ compensation. This is because the injuries sustained by in the sea are not under specific state laws.

The US has designed federal laws that address maritime injuries. Classic examples of laws that apply to these special injuries are the Jones Act and the Longshore and Harbor Workers’ Compensation Act. Each of these laws provides different remedies to maritime workers after sustaining injuries while on duty. That said, employees working at sea should be swift in prosecuting their cases and claiming compensation whenever they are injured. However, claiming compensation due to maritime injuries can be a difficult task, considering that maritime laws are extremely complex.

Therefore, the ability of the claimant to obtain compensation depends upon many factors, including the job title. However, it also depends on the experience of the lawyer handling the case. If you sustain injuries as a fisherman, sailor, oil worker or any other staff, you need to contact skilled maritime lawyers to educate you about your rights and possible ways of getting your rightful compensation.

You need a lawyer who has firsthand experience handling cases similar to yours, because such an attorney knows how oil firms, shipping companies, and dock companies cut corners to make profits, meanwhile exposing their employees to dangers. By retaining an attorney who is knowledgeable in maritime law and accident law, you can fight for your rights. This way, you will have higher chances of succeeding in your case.

What Benefits Can You Get?

  • Payments for medical costs
  • Payment for utilities
  • Payments for the cost of daily living
  • Airfare to take you back to your port of hire
  • Lost or unearned wages for the term of the contract

What Laws Can You Invoke after a Sea Injury?

The Jones Act is established to protect those who spend a lot of time on sea-going vessels. This law may also cover offshore rig workers and other such people. On the other hand, the Longshore and Harbor Worker’s Compensation Act covers employees other than the seamen, including repairmen, shipbuilders, and any such staff whose work or station is near water.

The Death on High Seas Act (DOSHA) provides compensation to close family of offshore employees who die due to negligence at the sea. Depending on the situation and the experience of your lawyer, you may file for compensation under two or more laws, including the conventional workers’ compensation benefits.

What to Do after a Maritime Injury

After you sustain an injury at your place of work, you should take immediate steps to see the doctor, as well as seek legal help to recover compensation. Do not ignore any injuries, however small they may seem, because you may have sustained injuries that take a few more days to show up. Some of these seemingly mild injuries may have far-reaching negative implications on your future health if you do not seek immediate treatment.

Fill Out an Accident Report

It is essential to document your injuries and the circumstances that led to the injuries. You need to complete at least two reports: one for yourself, and a copy for your employer.

Contact a Competent Maritime Lawyer

Do not commit to any other document other than the report. You should never sign any other paperwork from your employer or insurance carrier without the input of your lawyer. You should never divulge any information in form of statements regarding your injuries without consulting your maritime attorney.

Seek an Independent Medical Facility

Do not rely on the medical report of a medical facility operated by your employer, since it is likely that they may influence or downplay the gravity of your injuries. Therefore, you should seek the services of an independent medical practitioner to ascertain the level of the injuries. Remember this is a crucial report as it counts when determining compensation. Injured at Sea? Call an attorney today to be guaranteed of a reasonable compensation.

 

Resources:

https://www.hg.org/admiralty-law.html

http://www.fedbar.org/Sections/Admiralty-Law-Section/Admiralitas/Winter-2016/Navigating-Maritime-Personal-Injury-and-Death-Cases.aspx

Understanding Shared Fault in New Mexico Personal Injury Cases

Being injured in an accident is a painful and frightening experience, but the aftermath of the accident can be the most difficult part. Following your accident you may be dealing with: pain from your injuries, anxiety over the accident, fear, medical bills, loss of income, and many other financial losses as well.

In addition to all the stress, pain, and fear, you must also figure out how to recoup your losses. If you’ve never been in an injury accident before then you probably don’t know the first thing about filing an injury case in New Mexico.

There are many laws you will need to familiarize yourself with, and the first you should look into is New Mexico’s shared fault law.

What is Shared Fault in Injury Cases?

Each state has different laws regarding fault and liability and New Mexico is no different. New Mexico follows a comparative fault system, which means that when there is an accident the fault of both parties is examined and a portion of fault can be assigned to each party.

It’s possible to be blameless and seek 100% damages from a negligent party, but it’s also possible to be 40% to blame for your accident and seek 60% of the total damages from the other involved party.

Here’s an example of when you could share fault with someone else:

You are at a department store and are walking down an aisle looking at some wall decorations. On the floor in front of you is a large spill with a sign marking the hazard. You don’t see the spill or the sign because you have your eye on a particular landscape you just have to have. That’s when you slip and sustain a head injury.

Who’s to blame in the above example? Is it you, because you weren’t watching where you were going? Is it the department store? If it’s later found that the spill was caused by a leak that has been going on for sometime and the storeowner hadn’t bothered to get it fixed, the store could be partially liable.

Let’s say in this example you are allocated 50% of the blame and the store is allotted the other 50% of the blame. You could still go after the store for the 50% of fault found with them.

Filing an Insurance Claim

You would then be able to file an insurance claim for the 50% of fault that was found with the store. The insurance company can offer you a settlement, which should be enough to pay for your damages and losses.

If the insurance company doesn’t provide you with a settlement that covers all your damages (equaling the 50% of fault found with them), then you could go after them by filing a lawsuit in court.

Personal Injury Claims are Tough

Filing personal injury claims isn’t something the average person handles on a daily basis; however, personal injury lawyers do. For more in-depth information you may want to speak to New Mexico injury law experts Will Ferguson & Associates.

Iowa Workers Comp Appeals Process

Dealing with a work-related accident is already stressful and scary. You’re hurt, you’re unable to work, and you and your family are dealing with the loss of income. You’ll need your workers comp benefits to deal with this situation.

Unfortunately, you’ve been denied. Your insurer has ruled that you don’t need that compensation, so you’ve been sent a denial letter. This might seem like the end of your chances for workers comp, but fortunately, you can appeal their claim and get the workers compensation you deserve.

When you’re denied, fight back by hiring a skilled workers comp lawyer. With the right attorney, you can get your claim appealed, so you can get your benefits and recover from your injuries. It’s tough to recover when you don’t have these benefits, so get the help you need to appeal.

Informal Discussions

First, Iowa workers are expected to speak to their employers and the insurance provider before scheduling a hearing. This will be a chance to discuss your claim with your employer and the reason for your denial. This discussion is a little more informal, so you won’t need a lawyer at this point. While they can be a great asset for your claim, you may choose to address the denial reasons.

You should already have your reason for the denial. Insurance companies are required to include this in their letters. These can vary, but it might be one of the following:

  • You missed a deadline
  • Your injury doesn’t meet their definition of an injury
  • A lack of evidence of an injury
  • They disputed that your injury was work-related

Hearings with the Commissioner

Unfortunately, you might not have come to an agreement in the informal session. They’re still not convinced that you should receive compensation, so you’ll need to schedule a hearing for your claim. You’ll schedule a hearing with the Workers Compensation Commissioner, who will review your claim and make a decision on your benefits.

At this point, it’s best to have a lawyer on your side. You’ll be arguing for your claim in a more formal setting, and the resources a lawyer can provide will make a difference for your claim. For example, they can help you find more evidence and use that to show you need compensation.

When your meeting begins, you or your lawyer will begin by presenting your claim, as well as any relevant evidence. This will be your chance to prove that you should receive your benefits. Your employer’s lawyer will also have the opportunity to defend their decision. Once both parties have had a chance to speak, the deputy commissioner will make their decision.

In many cases, you should receive the workers comp benefits you need. If you’ve been denied again, however, there’s still a chance to recover. You’ll need to appeal that denial, and your lawyer can help.

Appealing an Iowa Denial

Receiving a denial can be disheartening. You’re suffering and in need of a wage replacement, but you’ve been told that you can’t receive the work comp you need. Now what?

If you’re struggling with a denial and need to appeal your claim, reach out to an attorney. They’ll have the experience and resources you’ll need to recover and get the benefits you need. Get your claim started today by reaching out to workers comp attorney.

The Dangers of Drowsy Driving

When asked about an accident, the driver of the vehicle admitted before investigators that he was driving while in a state of fatigue. The passengers of the car also stated that the driver was falling asleep at the wheel prior to the accident. It was due to sheer luck that the driver and the passengers escaped with minor injuries. The accident could have been dangerous had it taken place on a highway. Driving under the influence of alcohol or when fatigued makes it difficult for the driver to focus on the road and prohibits his from making fast decisions. However, there is a slight difference between the two. A drunk driver has the option to drive slowly as well as try to react but a drowsy driver simply falls asleep, and neither swerve of brake if something happens in front of their vehicle.

Whether you are a passenger or driver, you can keep yourself and others with you safe by looking out for specific signs that indicate impending danger. Signs of driving include bobbing your head, yawning constantly, drifting from your lane, heavy eyelids, and trouble in focusing. If you notice any of these signs, pull over to the side of the road, drink a cup of coffee if available nearby, or simple take a nap for half an hour. If you are traveling with someone else and he too is a driver, let him drive the car.

Drowsy driving problems occur due to certain medications too, especially those that relax your muscles, relieve stress, or medications that are known to cause drowsiness, such as sedatives. The worst part of driving when drowsy is that the driver does not know the exact time he will fall asleep. Drowsiness can:

  • Affects the ability of the driver to make good decisions
  • Slows down the reaction time of the driver
  • Reduces the ability of the driver to pay attention to the road

Drivers who have not slept properly, shift drivers, and commercial drivers operating heavy duty vehicles such as buses, tractor trailers, and tow trucks are more prone to the dangers of drowsy driving.

If you have been involved in an accident, and have suffered injuries because the accident took place as the driver of the other vehicle was driving while drowsy, get in touch with a lawyer serving Utah car crash victims today and get them to fight your case. This ensures that you will get the compensation you deserve. Do not delay, as the sooner the lawyer reaches the accident site, the greater his chances of getting details of the crash from witnesses at the accident site.

 

https://en.wikipedia.org/wiki/Sleep-deprived_driving

https://en.wikipedia.org/wiki/Microsleep

Suing a Hospital for Medical Malpractice

Hospitals are not entitled to offer their patients five-star service. But there are certain basics that must be adhered to, which includes zero malpractices. When a hospital is guilty of malpractice, the patient can sue the hospital for the act. If the facility is collectively responsible for the wrongdoing, then one can sue a hospital for medical malpractice. However, if a particular doctor’s medical negligence is the problem, the subsequent steps would depend on the relationship that exists between the practitioner and the facility.

Hospitals and Medical Malpractice – Determining Who is Responsible Legally

It’s important to specifically ascertain who is at fault, since medical negligence happened in a hospital doesn’t necessarily mean the facility is legally responsible. A hospital, generally speaking, like any other employer, is liable for its employees’ negligence, but not for an independent contractor’s negligence.

Typically, medical technicians, nurses, support staff, etc. are employees of the hospital. In case a patient gets injured during treatment by a hospital staff, the patient could sue the facility for the physical and mental grievances accrued. However, most doctors are not employees of a hospital, but independent contractors. Therefore, if the injuries were caused due to an independent doctor’s medical negligence, the medical malpractice claim should then be directly against the doctor and not the hospital.

Timing Matters

To make sure evidence witnesses are available, and to prohibit claimants from unnecessarily delaying the process of seeking compensation for the injuries suffered, states impose stringent statutory time limits, called statutes of limitations, on the lawsuits filed. While these periods could vary across states, the window is usually one to three years, starting from the date of negligence. If the client does not file a lawsuit within this period, the claim would likely not be entertained.

Paperwork Should Be in Place

To prevent baseless medical malpractice lawsuits getting filed, many states in America now need patients to file ‘affidavit of merit’ or ‘certificate of merit’ alongside initial lawsuit paperwork. Preparing this certificate entails seeking the assistance of a professional medical witness to assess pertinent medical records and state under oath that the hospital deviated from the norm, leading to injuries. The medical practice lawyer would be familiar with such a filing requisite and other procedural protocols that the medical malpractice plaintiffs should conform to.

Seeking an Attorney’s Help

Often, medical malpractice lawsuits are tremendously complex, which makes self-representation for most plaintiffs a non-option. An experienced lawyer would assist with navigating the medical, procedural and legal nuances of a lawsuit and would retain ideal expert medical witnesses to strengthen the case.

The majority of medical malpractice lawyers function as per a contingency fee arrangement, which means the client will not have to pay the attorney out-of-pocket. The lawyer would instead get a portion of any amount the client gets rewarded within court or outside court, as out-of-court settlement.

The process of bringing medical malpractice to books and winning the case is quite an overwhelming task. But it’s all worth it in the end if there’s an actual case of malpractice, as reporting such practices would make healthcare better for other people in the future.

 

References:

https://www.medicalnewstoday.com/articles/248175.php

http://www.exploremedicalcareers.com/medical-technologist-technician/