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An Overview of Worker’s Compensation Claims: Understanding What They Are and Why They are Denied

If you get hurt at work, then he might be concerned about how much time you’re going to miss. If you miss too much time from work, then your income might start to dry up. When this is compared to the medical bills that are continuing to mount, it is easy to see how does might be a source of stress. The good news is that workers’ compensation is available. Workers’ compensation is designed to help you cover the cost of your medical bills and make up for lost income as you recover. At the same time, what happens at your claim is denied? What should you do?

First, it is important to understand why your worker’s compensation claim might have been denied. One of the most common reasons why your claim might get denied is that the medical records do not support your injury. Make sure that you are able to collect medical records that support your claim. Second, your claim might also be denied because your employer will claim that your injury occurred outside the scope of your employment. This is where it is critical for you to take a look at your employment contract and make sure that your injury occurred within the scope of employment. Finally, your claim might also be denied because you missed a deadline. Do not let this happen to you. This is where working with a trained legal professional is critical.

Workers’ compensation claims are difficult to navigate and there are a lot of nuances involved in making a successful claim. By working with a lawyer who understands how workers’ compensation works, you place your claim in the best position possible to be successful.

In the end, if you file a worker’s compensation claim and it is denied, do not despair. There are still options available. Remember that there are trained legal professionals who are always willing to help those who are in need. Just because your claim is denied doesn’t mean that you cannot appeal. It is possible that your claim may get overturned on appeal. Make sure that your rights are vigorously defended by someone with experience in this area.

Examples of Reckless Driving: Seeking Compensation for Victims

Posted by David Brown 
· October 8, 2020 

When people get behind the wheel of a car, they should always place safety first. After all, an accident can happen at any time and even the smallest accident can lead to serious injuries. In some cases, these actions can even lead to catastrophic or potentially even deadly accidents. The victims of accidents that stem from reckless, aggressive, or negligent driving always deserve compensation for their injuries and financial losses. This might include medical bills, compensation for lost income due to an inability to work, and even emotional distress. Therefore, it is critical for everyone to seek the assistance of an experienced legal professional who knows how to hold drivers guilty of reckless driving accountable for their actions.

There are numerous examples of reckless driving and all of them have the potential to lead to serious accidents. Even though reckless driving has the potential to lead to motor vehicle accidents, the law defines reckless driving as any behavior behind the wheel that represents a reckless disregard for the safety of others on the road. Some of the most common examples of reckless driving include:

  • Tailgating: When drivers follow the car in front of them too closely, this markedly reduces the amount of time they have to react to changing road conditions, dramatically increasing the chances of an accident taking place.
  • Speeding: Speeding comes in many shapes and forms. This includes far more than simply exceeding the posted speed limit. For example, if the road conditions mandate driving at a slower speed, such as the presence of poor weather or construction, drivers should be expected to slow down.
  • Weaving Through Traffic: Weaving through traffic also increases the chances of an accident taking place, particularly if there is heavy traffic present.
  • Distracted or Impaired Driving: Distracted driving, such as texting while driving, is certainly reckless driving. Furthermore, driving under the influence of drugs or alcohol also constitutes reckless driving.

Someone may suffer serious injuries as a result of a reckless driver. This might even lead to emergency surgery and a stay in the hospital. It is critical for everyone to seek the best medical care possible. Then, victims of reckless driving should reach out to a trained lawyer who can defend their rights.

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Common Antacid Zantac Might Expose People to the Carcinogen NDMA

Posted by David Brown 
· October 6, 2020 

Over the past few years, cancer has become more common. As people live longer, they simply have a greater chance of developing cancer. Sadly, there are also common medications that over-the-counter products that could make it more likely for someone to develop cancer. One of the most common issues involves Zantac.

Zantac is one of the most common treatment options for gastroesophageal reflux disease, usually shortened to GERD. For people who suffer from heartburn, they have probably taken Zantac at some point during the course of their life. Some of the most common symptoms of heartburn include chest pain, the feeling of a sour or metallic taste in the mouth, and a burning sensation in the esophagus. Even though many people have relied on Zantac for years, there is new evidence emerging that Zantac might cause cancer.

Recently, it was unveiled that the manufacturing process behind Zantac might be exposing people to dangerously high levels of a certain chemical substance called NDMA. There are other medications that have been rumored to contain NDMA as well. If individuals are exposed to NDMA, then this could make it more likely that someone might develop cancer. As a result, the FDA issued a recall for Zantac, which goes by the generic name Ranitidine, and abruptly pulled this come and antacid from all over the country.

Sadly, this might have come too late for numerous people who have already been exposed to Zantac. It is critical for everyone who might have been taking Zantac to visit with their doctor as quickly as possible. That way, if there is any cancer present, it can be diagnosed and treated rapidly, which might lead to a better prognosis.

Then, it is also a good idea for everyone to reach out to a trained legal professional for assistance. Unfortunately, treating cancer can be expensive. These issues could have been avoided if the manufacturers of Zantac had simply used appropriate manufacturing procedures and regulations to avoid exposing people unnecessarily to NDMA. Even though it can be scary to go through the cancer treatment process, nobody has to go through this alone. There are always trained professionals who are willing to lend a helping hand to those in need.

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Protesters are suing Seattle and Washington State for wrongful death and injuries to one of the protesters and their family member – Summer Taylor

Posted by David Brown 
· September 29, 2020 

The lawsuit initiated by a group of Black Lives Matter protesters says that the state of Washington and the city of Seatle are responsible for the death of one of the protesters – Summer Tayler, who died on July 4. The 24-year-old Summer Taylor and another protester were peacefully protesting when they were struck by a vehicle. The driver Dawit Kelete, who is 27 years old, pleaded not guilty to charges in connection with the collision.

Matt Taylor, Summer’s father, said that the Washington State Patrol troopers failed to protect peaceful protesters, which led to such tragic consequences.

The 100-page lawsuit against the police also claims that the Seattle Police Department did not properly respond to the protests in May, June, and July. Police negligence resulted in assault and battery, injuries, deaths, and infringement on constitutional rights..

The Police Department has been also accused of excessive use of crowd control weapons, such as rubber bullets, tear gas, and flashbang grenades, which led to injuries of protesters of varying severity. The protesters, named in the lawsuit as plaintiffs, said that they were doused with pepper sprays or tear gassed, and beaten by police officers during Black Lives Matter protests. They accuse the police of their engagement in discrimination and brutality while exercising protesters’ Constitutionally mandated rights to participate in peaceful protests. One of the plaintiffs is a veteran of the war in Afghanistan.

Here is the list of injuries caused by the Seattle Police actions during the Black Lives Matter protests:

  • Loss of consciousness
  • Concussions
  • Temporary blindness
  • Shattered bones in the hand caused by exposure to a blast ball
  • A partially amputated limb
  • Breathing problems
  • Burning skin
  • Chemical burns of different degrees

Protesters sustained the injuries listed above after being exposed to chemical agents, including pepper sprays, tear gas, blast balls, or direct contact with police officers, which lead to using batons and shoving.

The lawsuit is also accusing the city of Seattle of violating the state’s Constitution and other local and state laws.

 

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New Advancements in Monsanto’s Roundup Case

Posted by David Brown 
· September 24, 2020 

Recently, attorneys for Bayer AG — the owner of Monsanto — and plaintiffs informed a judge about progress in the class-action lawsuit brought by claimants who claimed Monsanto’s Roundup caused them to develop cancer. Lawyer for Bayer told U.S. District Judge Vince Chhabria the organization was either close to or had already reached deals to resolve over 3,000 lawsuits bundled together in multidistrict litigation (MDL) in the U.S. District Court for Northern District of California.

While the company previously settled thousands of cases outside of MDL, conflict and controversy has plagued and negatively impacted the settlement offers. Fortunately, there was no mention of these previous cases in the latest hearing on Thursday, September 24th. According to Bayer Lawyer William Hoffman, there are an estimated 1,750 cases that are subject to different agreements while another 1,900 cases are in different stages of negotiation. However, Hoffman explains that he and his team continually works to move these discussions forward closer to agreements.

Moving the Cases in the Right Direction

The overall positive and cooperative tone demonstrated in Thursday’s hearings was a welcomed difference from the previous hearing. During this hearing, Aimee Wagstttaff, attorney for the plaintiffs, informed judge Chhabria that Bayer was failing to honor the tentative settlement agreements created in March. These agreements were expected to enter the finalization stage in July.

Back in June, Bayer announced they reached a $10 billion settlement for over 100,000 cancer claims regarding Roundup. The only major law firms leading the litigation who had signed final agreements were Weitz & Luxembourg and The Miller Firm. The deal struck with The Miller Firm alone was designed to cover over 5,000 Roundup and totaled $849 million. However, the Kentucky law firm of Moor Law Group, the Colorado Andrus Wagstaff firm, and the California-based Baum Hedlund Aristei & Goldman law firms all had tentative deals — not final agreements.

Based on a letter filed with the court by Wagstaff, Bayer requested several extensions until the deal made with the firm fell apart mid August. Once the issues were reported to Judge Chhabria, the talks resumed and were favorably resolved with the three firms.

Learn more about the manner in which settlements will be administered.

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Premises Liability: The Law, the Application, and the Limitations

Posted by David Brown 
· September 22, 2020 

Premises liability is a legal principle applied in claims and lawsuits, most commonly involving personal injury and accidents. The heart of premises liability is rooted in the basic constructs of legal responsibilities and accountability – in other words, the law.

Premises Liability and the Law

According to the word of the law, premises liability holds property owners (including tenants who assume ownership as property residents) responsible for accidents, injuries, or damages that occur on their property, and this principle applies to every state in the country. The law clarifies that said ownership must make reasonable efforts to maintain the property and provide a safe environment for any visitors.

The Application of Premises Liability in Lawsuits and Claims

Those aforementioned visitors are typically classified legally as either an invitee or a licensee. People welcomed onto a property for reasons such as shopping or dining are considered invitees, while a licensee is commonly used to define someone such as a contractor or service person, wherein that same welcome and invitation are assumed and applied.

For people deemed as an invitee or licensee, the application and onus of the premises liability principle fall squarely on the shoulder of the property owner. There are limitations and reasonable guidelines, however, that prevent and work to stem anyone seeking to abuse these laws for personal advantage and gain.

The Limitations of Premises Liability

Many events can occur that have the potential to fall under the blanket of premises liability. Those events can range from animal attacks to falling accidents and security issues to swimming pool injuries, among many others.

The greatest limitation of the premises liability principle in these situations is in the case of trespass, although it is often required for owners to notify people of non-obvious dangers, including trespassers. The other great limitation to the application of premises liability is children. In cases involving minors, a higher duty of care is owed, thus inviting a new legal arena of responsibility.

Premises Liability is Good for Everyone

Premises liability, it is a legal principle designed to protect homeowners, tenants, and business owners from scam artists and cons. It is a tenet created to keep shoppers, patrons, and visitors safe, and it is a legal concept meant to keep all of us accountable, and that’s good for everyone.

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Understand Your Rights: The Coronavirus Pandemic

Posted by David Brown 
· September 15, 2020 

The coronavirus pandemic has had an adverse impact on everyone. This pandemic has created a medical crisis the likes of which have not been seen for more than 100 years. As a result, numerous jurisdictions were forced to shelter in place, forcing many businesses to close their doors. Some small businesses are closed never again to reopen. Many people have been laid off and are still looking for work. After the quarantine has ended, there are lots of people who are looking to resume their lives. At the same time, it is important for everyone to make sure they do so safely. Therefore, everyone should make sure they understand their rights as they return to work.

Many people have been placed under a tremendous amount of financial pressure. At the same time, health and safety still have to come first. Therefore, it is the responsibility of every employer to focus on worker safety. Employers need to create safe conditions by which employees must abide in order to keep everyone safe.

Second, it is important for everyone to make sure they follow the latest guidelines that have been issued by health experts. This means wearing a mask when someone is going to be within six feet of another person. This also means abiding by social distancing wherever possible. Furthermore, it is also critical for everyone to make sure they sanitize their hands on a regular basis. It is the responsibility of both employers and employees to make sure that anyone who is showing symptoms of coronavirus remains at home.

Finally, everyone has to make sure they have an action plan when it comes to a positive test. If there is a positive test, measures have to be put in place to monitor that individual quickly. In addition, anyone who has come into close contact with that individual should make sure that they quarantine as well. Employers need to be ready for what happens in case someone they know has a positive test.

People have to make sure that their rights are protected as they return to work. In this situation, it is a good idea to speak with a trained legal professional. Everyone has to place health and safety first.

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Understanding Post Traumatic Stress Disorder (PTSD) Following a Car Accident: Its Impact on Car Accident Claims

Posted by David Brown 
· September 10, 2020 

If someone is involved in a car accident, this can lead to serious complications. Even relatively minor car accident can still lead to serious injuries. What people think about injuries and complications following a car accident, they often think about bone fractures, head injuries, spinal cord injuries, and brain damage. On the other hand, there are also serious mental health issues and emotional problems that can arise as well. What are the most common problems that people might encounter is post-traumatic stress disorder, usually shortened to PTSD.

One of the most common causes of post-traumatic stress disorder is car accidents. Some of the factors that might influence the development of PTSD in a car accident at the severity of the injuries to other people, whether or not someone died, how long it takes to recover from certain injuries, and whether someone has a pre-existing history of mental health disorders.

For individuals who have developed PTSD, this can have a serious impact on their overall quality of life. For example, someone who suffers from PTSD might be unable to return to work immediately, which might have an impact on his or her ability to earn an income. There are also situations where someone who suffers from PTSD might have to seek the assistance of a trained healthcare professional. Clearly, PTSD can have tremendous Financial impacts on someone’s overall quality of life following a car accident as well.

Therefore, it is possible that PTSD might play a role in someone’s ability to seek damages following a car accident. If someone believes that they have developed PTSD following a car accident, it is important to seek the help of a trained medical professional as quickly as possible. Medical records can help support someone’s diagnosis of PTSD in the event they decide to seek damages.

Then, it is critical to enlist the help of a trained legal professional. There are a lot of nuances that go along with filing a personal injury lawsuit filing a car accident. With a legal professional to act as a guide, everyone can make sure that their rights are defended and that they recover damages that are commensurate with the injuries they have suffered.

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Indiana Woman Sues Over Recalled Hand Sanitizer

Posted by David Brown 
· September 8, 2020 

A woman from northern Indiana recently filed a lawsuit against the company that distributes hand sanitizer. The claims are over methanol, a toxic agent. The woman claimed that her children were suffering from severe side effects due to the hand sanitizer. The lawsuit is seeking penalties against 4e Brands North America, a Texas-based distributor of Blumen brand hand sanitizer. The FDA previously found that their products contained methanol, otherwise called wood alcohol, which is known to be a deadly toxin. The company voluntarily recalled their products back in July to avoid a lawsuit.

The woman claimed that her children were suffering from severe side effects including vomiting and headaches. The company is accused of violating the Deceptive Consumer Sales Act and Indiana’s Product Liability Act. The suit is requesting a class action status for the woman’s damages. The plaintiff believed that the hand sanitizer was safe when she bought them, it wasn’t until later that personal injury was experienced due to the use. This constitutes as deceptive acts as far as the plaintiff is concerned. The plaintiff is going to put together their argument in accordance with the idea that the hand sanitizer company willingly deceived her in this instance.

The Indiana Department of Health officials said that the number of deaths and positive tests of COVID-19 are on the rise. The plaintiff was using hand sanitizer as a way of combating the virus and keeping her family safe. There’s no statement from Blumen or 4e Brands North America that reflects whether the product was there intentionally or accidentally. At any rate, the side effects were measured and appropriate for a case such as this. It’s a matter of hearing how the defense will prepare their argument and whether or not other people were injured due to the same problem. As time goes on, more people might come forward and reveal that they have the same issue. The plaintiff hopes that her initial suit will bring enough popularity to the case for other people across the state and country to see. She believes that this was not an accident and that the recall was never done by the company.

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Liability Waiver: Can You Still File a Lawsuit After Signing One?

Posted by David Brown 
· August 25, 2020 

If you have ever participated in an event or activity that posed some sort of risk to your health or safety, you may have had to sign a liability waiver before participating. Some of the most common examples include skiing, jet skiing, jumping in a trampoline park, or even attending an amusement park. Essentially, this liability waiver has been put in place to prevent you from filing a lawsuit in the event that you get hurt or even killed while engaging in this activity. Even though it is possible for a liability waiver to help a business avoid certain lawsuits, there are some situations where you still might be able to file a lawsuit even if you sign a liability waiver and were later involved in an accident.

For example, despite a liability waiver, you may still be able to file a lawsuit against a business if the liability waiver violates public policy. Depending on where you are located, there may be specific laws that prevent the liability waiver from being enforceable. In this case, it is critical to meet with a legal professional who understands the local policies of the state. It is possible the liability waiver may be unenforceable in your specific situation.

In other situations, the business entity might have engaged in something called gross negligence. This takes place where there is an extreme indifference or reckless disregard for the safety, health, and well-being of the people participating in that activity. Of course, gross negligence has to be proven in a court of law. This is another situation where a legal professional can be helpful. If gross negligence took place, then he might be able to file a lawsuit despite a liability waiver.

Finally, there may be situations where the wording in the waiver clause ambiguous. In order for a liability waiver to be enforceable, it has to be clear what rights you are waving when you sign the document. If the language is ambiguous, unclear, or vague, then you might be able to file a lawsuit claiming that you were unable to fully understand what you were signing at the time. Regardless of the situation, it is critical for you to rely on the help of a trained legal professional to defend your rights.

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