Did You Slip And Fall At Work? Don’t Automatically Assume Workers’ Compensation Will Pay.

Posted by on Jan 28, 2015 in Uncategorized | 0 comments

Nobody expects to take a fall, but you probably assume that if you fall at work you are automatically eligible for workers’ compensation benefits. Don’t be so sure. Whether or not your injuries will be covered under workers’ compensation depends a lot on the circumstances of your fall. This is what you should know. It’s The Specifics That Count Two very similar accidents, with similar injuries, can end up with totally different results for their workers’ compensation claims, simply because the specific circumstances are a little different. For example, if you clock out of work, but slip and fall because you’re carrying paper recycling to the outside recycling bin on your way to your car, you should be covered under workers’ compensation. However, if you slip and fall at work while you’re still on the clock, but you were carrying a stack of library books you want to return out to your car, it may be difficult to get workers’ compensation, even if you fell on the employer’s property. You should note that what you were doing is more important than when you were doing it. Whether you were officially “on the clock” isn’t quite as important as whether or not the activity was “work related.” What Counts As “Work Related” There are a number of circumstances where it can be difficult to determine if your injury is considered “work related” or not, and even in situations where you think the answer is obvious you can run into a problem if your employer sees things differently.  For example: 1.) Lunch Breaks Generally speaking, you aren’t covered during your lunch break by workers’ compensation, unless some aspect of where you were or what you were doing provided a benefit to your employer.  For example, your injuries from falling while at lunch could be covered if: you were in a company cafeteria (which usually benefits your employer by making it quicker for you to get in and out of lunch). you were picking up food for an in-office party, meeting, or other event. you were running an errand for your boss and picking up his lunch (even if you were picking up your own as well). you were at a company meeting over a meal. 2. Company Parties And Events It’s not unusual for companies to sponsor an occasional party or picnic – and if you happen to fall at one of these events, your injuries should be covered by workers’ compensation. The same is true if you happen to be traveling to and from a work event and it’s not at your regular work site. However, if you slip and fall on the way into a building that’s owned by a different company, you may have...

Read More

Facts You Should Know Before Filing A Wrongful Death Claim

Posted by on Jan 21, 2015 in Uncategorized | 0 comments

Filing a wrongful death claim can be a time consuming, complex, and stressful process. Thankfully, the more you know about this process, the more likely you will be to succeed in your mission. Taking the time to review the facts outlined below can help you to develop a better understanding of how these cases work. One Death Equals One Case While many people may be impacted by the wrongful death of one individual, the law currently only allows one of these individuals to file a wrongful death claim. In most cases, this right will be reserved for the spouse, child, or parent of the deceased. However, extended family members may be eligible to file a claim if no immediate family is available. In cases where more than one person is equally impacted by the wrongful death of their loved one, the court may require that any proceeds from the case are shared amongst these individuals. For instance, in a case where the deceased had multiple children, all of the children may be required to share the settlement funds despite the fact that only one child can legally file suit. Proving Real Damages As with all personal injury claims, wrongful death claims will require you to prove the presence of real damages in order to collect compensation in your case. This can be an extremely difficult task when dealing with the premature death of a loved one, since it is virtually impossible to determine the exact monetary value of this loss. Medical bills and funeral costs are the easiest types of real damages to prove in a wrongful death case. However, the loss of future income can also be listed as real damages because this loss of income qualifies as lost wages under the current personal injury statutes. Proving Negligence While you may feel as though an individual or company is to blame for your loved one’s death, this is not enough for you to successfully pursue a wrongful death claim. This is because in addition to demonstrating the individual’s involvement in your loved one’s death, you will need to prove that this involvement constitutes negligence. If you are unable to prove that the individual acted in a negligent manner, they cannot be held legally liable and your case will be dead in the water. In many cases, the use of expert testimony can prove quite useful in showing that the individual deviated from the reasonable standard of care that your loved one was entitled to. A Final Thought Wrongful death claims are among the most complex personal injury cases. This is because in addition to the burden of proving negligence in these cases, you will need to effectively assign...

Read More

5 Ways To Improve Your Chance Of Getting Sole Child Custody

Posted by on Jan 16, 2015 in Uncategorized | 0 comments

If you are dealing with a divorce and have children, you may be interested in getting sole custody. There are a number of factors that can affect your ability to get custody of your child. Knowing the ways you can improve your chances of doing so may be helpful if you are faced with this situation. Financial stability If you can prove you are financially capable of supporting a child, you may improve your chances of getting custody. It’s important to provide an accurate amount of what you make to the court system. This can be done by providing a W-2 copy of past tax records or a recent pay stub from your current employer and showing you earn what you say you do. Safe residence Having a place that is habitable and will provide the necessary shelter for your child to live may improve your chances of getting custody. You may need to provide proof of this with your address and other personal financial information Minimal adjustment If you live close to the child’s school district, and this won’t require your child to switch educational facilities, you have may have an increased chance of getting sole custody. The fewer adjustments that are necessary for your child to deal with, the easier the transition will be on the child, and this will be considered. Child’s choice The judge will typically take into strong consideration who the child prefers to live within the long-term. This question will likely be posed to the child, and the response can have a strong impact of the final decision of who gets custody. Be healthy One way to help ensure you get custody of your child is by being healthy and being able to provide the necessary evidence to the courts that you are. This can show the court that your child is able to depend on you to be well, and provide the necessary amount of care and supervision that is needed from birth until adulthood. You may be required to provide medical records to prove the state of your health and show you are capable of caring for the child at all times. Having custody of your child and being able to have this individual with you as much as possible is important. Be sure to retain the services of a child custody attorney like Nelson Law Group PC to help ensure the greatest chances possible of getting...

Read More

Dog Bite Laws Could Cost You

Posted by on Jan 8, 2015 in Uncategorized | 0 comments

The Centers for Disease Control and Prevention reports that despite rules and restrictions relating to the ownership of dogs, pet dogs bite about 4.5 million people each year. State dog bite laws vary, yet in many cases, you are legally responsible for any injuries your dog causes. Besides state laws, many local governments have ordinances for controlling dogs. Because the law determines in what situations you can be sued if your dog injures someone, you need to know what the dog bite laws are where you live. Dog Bite Laws Based on Owner Negligence Most states hold you responsible if you’ve been negligent and your dog bites someone. An example would be letting your dog run free even though the community where you live has a law requiring that dogs be leashed and not allowed to roam in public. You are also responsible if you know your dog is easily excitable and you fail to keep the pet away from visitors or others, such as contractors, plumbers, or mail carriers, coming on your property or to your home. In a case like this, if your dog bites someone, the law considers that you failed to take the necessary steps to protect another person from injury. How the Law Works in Strict Liability States In many states, strict liability laws make you responsible if your dog bites someone. It doesn’t matter whether you restrained your dog on a lease or put up fencing to keep your dog within the boundaries of your own property. Posting signs warning of the presence of a dog on the property may not even help. The law may not hold you liable if your dog bites a trespasser who comes on your property without your permission. You may also have a reasonable defense if someone teases or hurts your dog, and your pet reacts by biting. Even a normally calm and friendly pet may bite when threatened, frightened, or hurt. However, it’s up to you to prove that something happened to make your dog bite. If you fail to prove that your dog was provoked into behaving aggressively, the plaintiff may have a case. One-Bite Law: A Saving Grace? Some states have a one-bite law, which means you won’t be liable for injuries if it’s the first time your dog bites a person. But there are exceptions to the rule. The one-bite law may not apply if you have reason to believe your pet might be capable of biting. You could find yourself in trouble if your dog has a habit of snapping at people, or you have to warn others that your dog has a nasty disposition. If your pet eventually bites someone, the...

Read More