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.

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

PPC vs. SEO: What’s the Difference?

Understanding the differences between PPC and SEO are critical when you are planning your internet marketing strategies. While SEO is typically more focused on your business’s website climbing up in search engine rankings, PPC is generally focused on generating leads to your site. Below, we discuss some of the different aspects of both strategies so that you can make use of both of these tools to optimize the success of your business.

Traditional SEO Methods

SEO, or search engine optimization, is a strategy used on websites and social media profiles with the goal of having your pages appear in the top rankings on popular search engines such as Google, Bing, Yahoo and other search engine results pages (SERPs).

There are many different components to SEO for your pages, but some of the most important elements include using the right keywords, getting high-quality backlinks to your site, and providing your audience with engaging and original content. Using these strategies, your site will appear more authoritative, which helps your website move up in SERPs.

Keywords Google Loves

Using the right keywords is critical to the success of your SEO. You might think that just providing the content that your business is about on your website’s Homepage and Landing pages will make your site rank, but that isn’t always true.

When designing your keyword campaign, you’ll want to target keywords that are frequently searched by your audience. For example, let’s say you are a Family Law Firm based in Seattle. You’ll want to rank for keyword phrases such as “Seattle Divorce Lawyer”, “Seattle Child Support Lawyer” and other keywords that relate to the area you live in and other relevant family law topics.

Using this exact keyword phrase at certain points throughout your pages can help them climb up in the rankings when that phrase is searched on Google.

Why High-Quality Backlinks Matter

One of the best ways to make your website more authoritative is by having high-quality backlinks. These are formed when other websites or pages find your content relevant, interesting and/or informational, and choose to link back to your pages when developing their own content. This word of mouth between websites is an essential element of good SEO for your website.

Engaging, Original Content

Your website can only be successful if you provide your audience with content that piques their interest and meets their needs. Throughout your content, you should use your exact keyword phrase so that your page can show up in SERPs.

However, be careful not to simply string these phrases together without making sense on the page, as this can alert Google and your site will be subject to penalization.

How PPC Can Help Your Site Rank

Pay-per-click (PPC) internet marketing is used to get non-organic clicks to your site. Here’s how it works: you start a PPC campaign and ads for your site are placed strategically on other website banners, or in the top results on Google.

Each time your website is clicked on, you’ll be charged a small fee. This can be quite an effective way of generating leads, even if they aren’t organic. PPC, unlike SEO, can quickly get you the leads you’re looking for. SEO oftentimes takes significantly longer, though in the long-run will be invaluable to your site.

There are many benefits to PPC including the ability to geo-target your audience and use AdWords to ensure you have targeted relevant keywords. When you drive traffic to your site, Google recognizes this and you can expect your website to begin climbing in SERPs.

Choose The Right Internet Marketing Firm

In this day and age, having a properly optimized website is critical to the success of your business. ApricotLaw SEO and PPC can strategically optimize your website to ensure that when a potential client is searching for keywords relevant to your business, your website is displayed in the top results on Google.

Medical Malpractice Laws Protect Victims

Most people associate the term “medical malpractice” with a doctor making a mistake, but it’s a legal term that’s much more in depth than any simple definition.

Whenever a medical professional accepts a patient, they are legally bound to provide a level of care meeting or exceeding industry standards. That’s open-ended, and the medical community defines it with the question, “what would a competent medical professional have done given the same patient and circumstances?”.

It’s worth noting that doctors are not the only defendants in medical malpractice claims. Dentists, plastic surgeons, specialists, and even pharmacists may also be accused.

Even if the care provided fails to live up to industry standards, you may still not have a valid medical malpractice claim. Medical malpractice demands that the care in question caused some type of damage to the patient. In this usage, damages are also a legal term, but they have a fairly broad meaning. An exasperated medical condition, unnecessary medical bills, non-treatment of a treatable condition, emotional duress, and loss of income may also qualify as damages depending on the situation.  

There is a statute of limitations on medical malpractice claims, but it varies by state and on the claim specified. According to a study conducted in 2013 by BMJ Open, the three most common reasons for a medical malpractice claim are Failure to Diagnose, Negligent Treatment, and Failure To Warn.

Failure to Diagnose describes situations in which a medical professional failed to diagnose a patient at all, or misdiagnosed them leading to incorrect care.

Negligent Treatment refers to situations in which a mistake was made that a reasonably competent medical professional would have avoided, given the same patient.

Last, Failure To Warn deals with cases where medical professionals failed to adequately explain the risks and benefits associated with any treatment option before beginning it. Even if no other mistakes were made, a failure to obtain informed consent (wherein the patient understands the risks of any procedure and agrees to take them on) prior to treatment is enough to bring forth a medical malpractice claim.

The process of bringing a medical malpractice claim varies by jurisdiction. Some states require the plaintiff to jump through a few hoops first, such as providing the defendant with advance notice of an intent to sue, obtain a certificate of merit from a qualified medical professional attesting to the validity of their claim, and/or agree to mediation to attempt to resolve the matter without litigation.

Once that’s done, both sides share the information that they have collected in a process called discovery. You may be able to get a medical malpractice settlement at this juncture if your case is irrefutable, but otherwise you’re headed to trial.

As with most cases, the burden of proof is on the plaintiff in medical malpractice lawsuits. Both sides are expected to provide expert witnesses (meeting certain criteria defined by the Court) to testify to the quality of care provided, with either a jury or a judge deciding which side made the more credible argument.

After the trial, either side may appeal to begin a new trial. A plaintiff dissatisfied with the amount of their monetary award may sue for additur in some jurisdictions. Likewise, a defendant who feels that they have been ordered to pay too much may be able to sue for remittitur to decrease the amount.

The process is filled with legalese, but the most important thing to remember is that laws are on the books to protect the victims of medical malpractice. If you feel that you or a loved one may have been such a victim, you should not hesitate to contact a qualified attorney to discuss the particulars of your case.

 

Sources

  1. https://en.wikipedia.org/wiki/Medical_malpractice_in_the_United_States#Common_claims

The Lawyer in Modern Society

Have you thought about how a lawyer works in modern society? In a way, lawyers are very different from a few decades ago and the way they work is different too. Yes, lawyers have always had the same goals but their roles in modern society have changed quite a bit within the last few years. Modern times have really caused a major change in the way we view laws and how lawyers operate too. However, how have lawyers changed with modern society and how do they operate today?

Working to Ensure Ethical Practice Is Kept

Lawyers and how they operate has changed dramatically over the last few decades and today, they have to work with an ethical code. Ethics and the ethical code has constantly been on the forefront for many but in years gone by, the ethics were not as impressive or as closely kept as they are today. In a modern society, lawyers are restricted to the ethical practice and how these practices must be kept. People don’t always think about ethical codes or practices and yet this is a very important aspect of modern life and most lawyers are bound by this. It’s not just a moral factor but an ethical one. Learn more about spirtiual laws.

Members of the Law Society

What a lot of people don’t realize is that there is a law society and the law society is not actually for lawyers, but rather a society that brings together lawyers and those who require the services of lawyers. In a way, the law society can help ensure everyone is able to get the legal representation they deserve and require. For a lawyer, being a member of the law society can be so important and it’s certainly something that has to be given a lot of thought and consideration over too. You might not think about the law society and yet it has become a vital part of modern life. Click here to learn about the role of lawyer in society.

The Lawyer in Modern Society

Can a Lawyer in Modern Society Really Make a Difference?

Differences are not just made in the courthouse but also what happens outside. Lawyers don’t just represent those accused of a crime but they can help champion change in laws and how the legal system works. Really, it might not sound important or even something a lawyer can do but they do and that is very important to remember. In a way, lawyers can make a big difference to modern life and society in general. Differences can be made with lawyers and how they work within society and modern life. Visit https://www.law.berkeley.edu/research/center-for-the-study-of-law-society/conversations-in-law-and-society/ to know about Conversations in Law and Society.

Living with Modern Life and Society

The law field is extremely varied and while you might not think a modern lawyer will make any real difference, they can. Lawyers have operated for hundreds of years but today, their methods and rules are far more advanced than before. That can absolutely make a real difference for every individual whether they need their help or otherwise. Modern society has changed the way lawyers are able to work today and it’s truly fantastic to see just how much lawyers can help everyday people with discrimination.