4 Common Mistakes Employees Make When Documenting Injuries

Posted by on Mar 27, 2015 in Uncategorized | 0 comments

Are you an employee who was injured on the job? When injured, most people are in shock and don’t think clearly—and this can lead to a lot of problems when trying to document their injury. Documentation is an essential part of a workers compensation claim; it will control not only whether your claim is approved but also the extent to which the claim is approved. Here are some common mistakes and how to avoid them. 1. Exaggerate the Injuries Most people don’t do this intentionally; it’s just very easy to exaggerate an injury when you’re still in pain or in shock. Still, you need to be very specific about your injury when you document it, because otherwise it can seem as though you’re trying to increase the extent of your damages. One way that you can avoid this is by creating a paper trail that shows the obvious extent of your injuries without any potential for exaggeration. Photos, videos and medical documents are also ideal. 2. Wait too Long to Document The moment you have presence of mind, you should already be writing down or otherwise recording the events that led up to your injury. Don’t wait until you’ve gone home from the hospital and are thinking things through. Each time you replay the event in your head, it can change a little; the human memory is a faulty thing. You don’t want to create conflicting details or accidentally report something that isn’t true. 3. Not List All Witnesses Not only do you need to list all witnesses to the event that injured you, but you also need to get your workers compensation attorney to talk to them as soon as possible once you know that you are going to lodge a workers compensation claim. Like you, the witnesses may have varying memories of the events; they need to be available to report what they saw while it is still fresh in their minds. 4. Fail to Get Medical Documentation Medical documentation is perhaps the most important part of a workers compensation case, yet many people are afraid to go to the doctor because they can’t afford the charges. As long as you document everything clearly and work with your lawyer, your medical costs should be covered through the case. It’s important to go to the doctor immediately following the injury. If you have any doubts regarding the workers compensation process, you should always contact a law firm such as Large & Associates Attorneys. Though workers compensation can be claimed without the help of an attorney, an attorney will do their best to ensure that you are entirely compensated for the damages that you have...

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Denied Workers Compensation: A Hostile Work Environment Is Grounds To Quit And Receive Benefits

Posted by on Mar 17, 2015 in Uncategorized | 0 comments

Workers compensation is insurance for workers. Employers pay into the system, and when an employee is fired, laid off, or quits, they may be entitled to workers compensation benefits. When you collect these benefits, premiums for this insurance will rise for your employer. It is in the best interests of the employer to deny your claim, so that they don’t have to pay more money for the insurance. When You Have Quit Your Job If you quit your job for no reason, you will likely be denied workers compensation benefits. Relocating to another area is not an acceptable reason to collect workers compensation. If you encountered a hostile work environment which prompted you to quit, you may be able to collect benefits. It all depends on if you are able to prove the environment was hostile, and what steps you took to try and remedy the situation before quitting. A Hostile Work Environment Defined A hostile work environment is when you must continually deal with offensive conduct, or otherwise lose your job. Further, a hostile work environment is when another party creates an environment of hostility that is deemed intimidating or abusive by any reasonable person. There is some gray area in what constitutes a hostile work environment. A boss telling you what to do is not necessarily hostile because that is their job, even if you may be offended. A boss screaming at you, getting into your personal space and clearly losing control as they are yelling, creates a hostile work environment. If you believe you are being intimidated or harassed, you need to bring this up with your supervisor immediately. When the Harassment Continues If you have reported hostile behavior to your supervisor and the treatment or behavior continues, it’s important to report the behavior again. Put your complaint in writing, with specific language that states you believe you are being intimidated or harassed. There is little tolerance for this type of behavior in many workplaces, and it is up to you to report this behavior if you feel safe to do so. If you can no longer work because you have made a complaint and no one has made changes, or you have to deal with behavior that is incredibly rude, aggressive or unprofessional, you can quit your job with the expectation you will eventually receive workers compensation benefits. Your employer is likely to fight your claim, and this is why you need a qualified workers compensation attorney on your side. When it’s time to appeal your workers compensation denial, we can help. To learn more, contact a company like the Law Offices Jonathan...

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If You File For Bankruptcy, Can You Still Get (Or Keep) Your Government Security Clearance?

Posted by on Mar 5, 2015 in Uncategorized | 0 comments

If you’re a government employee, can you lose your security clearance if you file bankruptcy? The answer to that question is largely dependent on a variety of mitigating or aggravating factors. This is what you should know. Losing A Security Clearance Usually Comes Down To One Of Two Reasons. If you have a long-standing security clearance, filing for bankruptcy generally won’t cause you to immediately lose it. A bankruptcy usually gets noticed when you first file for a security clearance or are in the process of having your clearance renewed. Often, the problem is one of two things. 1.) A long pattern of financial problems, which indicates that you have a history of being irresponsible with money or making poor decisions. Security clearances are granted based on complex evaluations of a person’s past and current life, but it’s largely a leap of faith between the agency giving the clearance and the individual. If your pattern of behavior – evidenced through your past financial actions – indicates that you aren’t trustworthy, you can easily be denied or lose your security clearance. 2.) Lying about your financial situation or trying to evade questions about the bankruptcy. Think of it this way: the federal government wants to make sure that you aren’t in a position where you’d be willing to lie to keep a secret. If you are desperate to keep a secret, you can be manipulated into doing what someone else wants in order to avoid exposure. It’s Primarily An Issue Of Character. The Department of Defense, for example, says that security clearances are based on a person’s “loyalty, character, trustworthiness, and reliability.” While lying on official forms is always a bad move, and a history of chronic financial issues is problematic – owning up to your problems can be seen as a positive factor in your evaluation. In that situation, filing for bankruptcy can actually help you get or retain your security clearance. Filing for bankruptcy can be seen as a practical method of accepting responsibility for your debts, and doing what you can with the legal means at your disposal. In this way, you aren’t penalized if you’ve ended up in bankruptcy court through some unexpected event – like major medical bills following a car accident or some other tragedy. Combined Problems Can Negatively Impact The Issue. You are more likely to have problems with obtaining or renewing a security clearance if your bankruptcy is combined with other legal problems, like a criminal complaint due to assault, DUI charges, or domestic violence issues. A combination of legal problems (or possibly just any of these issues on their own) speaks to problems with your overall personal behavior that may make you untrustworthy. If you already have a security clearance, keep your boss...

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