Workers’ Comp Qualification

Workers’ Compensation Attorney

Workers’ compensation is the system that is in place to protect all employees across the United States. No matter how dangerous your work may or may not be, you are covered for any injuries that are the result of doing your job. Many people worry about qualifying for workers’ comp, however. It is true that there are some requirements that must be met. Do you know how much work you have to miss due to your injury to qualify?

Missing Work

You may be surprised to learn that there are no limitations for how much work you miss to qualify for workers’ comp. Even if you go to the hospital and immediately return to work the same day, you can still file a workers’ comp claim and be compensated for your medical bills.

Of course, if you do miss several days, weeks, or months of work, you will be compensated for your lost wages in addition to any medical bills and injury-related expenses.

The Qualifications

If the length of time you miss work does not factor into … Read the rest

Suing the Hospital For Medical Malpractice

Personal Injury Lawyer

If you are injured or become ill during the course of treatment at a hospital, do you sue the doctor or the hospital? It’s a question many people ask, as they are unsure which route to take. While your medical malpractice lawyer can help you understand the details of the situation, the following are some basics to keep in mind.

Employed or Contracted?

One of the first things you should look into if you are injured by a doctor in a hospital is whether the doctor is employed or contracted by the hospital. The hospital is only liable for employees. In many hospitals, nurses and other similar staff members are actual employees, while doctors are contracted with the hospital. Because of that, you would not be able to sue the hospital if the doctor was not an actual employee.

How do you know if a doctor is an employee? You could just ask the doctor or the staff on duty. It should also be in writing somewhere, possibly in the paperwork you filled out on your first … Read the rest

Can You Sue a Nurse Who Gave the Wrong Medication?

Personal Injury Lawyer

Most nurses work hard and do their best to avoid mistakes. Unfortunately, the professionals that take care of patients in the hospital are only human and can and do make errors. When a nurse gives the wrong medication, it might be considered medical malpractice. There are a lot of variables that determine whether you can sue the nurse of not.

Improper administration of medication can occur when the nurse doesn’t give the right dose or doesn’t even give the medication. It could also occur when the medication is given improperly, such as injecting the medication into the muscle instead of a vein. The mistake could also be that the nurse injects the wrong patient.

How to Prove Medical Malpractice by a Nurse

Medical malpractice cases rest on four elements. First, the nurse must owe you a standard of care. Next, it has to be shown that the nurse failed to uphold that standard of care. Third, the nurse had to cause your injury by action or inaction. Finally, you have to show that your injury caused damages.… Read the rest

How Long Before You Can Get Paid for a Worker’s Compensation?

Construction Accident Lawyer

Aside from medical expenses, lost wages is the biggest concern for workers who are ill or injured because of their work. Unfortunately, there are a number of confusing rules and regulations, many of which are designed to benefit the employer. States differ on what they require employers to do, but here are some general rules of thumb.

Make Sure You’ve Filed a Claim

Worker’s compensation guidelines (and common sense) tell you to get medical treatment before filing a claim. But don’t delay in filing a claim. You may have seen a company doctor and been provided treatment, but you need to ensure that you or someone on your behalf have filled out the necessary claim forms to get the claims process started. If you’re being rushed into signing any type of waiver or release during this process, don’t sign anything until you talk to a lawyer.

You May Not Be Covered for a Short Period of Disability

States have a variety of laws in this area, but in general you should be prepared for a time period … Read the rest

Are Sobriety Test Mandatory?

Drunk Driving Lawyer

If you are pulled over, are you required to take a sobriety test? This is something you should know before you are pulled over. It can be a terrifying thing to have those lights appear in your rear view mirror and for the police officer to ask you to get out of your car. It is vital to know what your rights are in advance, so you can act rationally and calmly in the moment. If you have already been charged with a DUI, the first thing you should do is hire a DUI attorney.

Are Sobriety Tests Mandatory?

So, the big question is whether or not you are required to take a sobriety test. This includes the breathalyzer, as well as any other test. This includes blood tests, urine tests, and challenges that test your physical or mental abilities. You may be surprised to learn that you are almost never required to take a sobriety test. There are only three situations where an individual is required to take a sobriety test:

• The individual is under the

Avoid These Bad Faith Tactics from Auto Insurance Companies

Car Accident Lawyer

Getting into any auto accident can really set your life back personally and financially. Many car accident victims go through insurance companies to receive compensation for their losses stemming from the accident. However, while it may seem as if the insurer wants to help you, it’s important to remember that the insurer is primarily focused on what is the most beneficial outcome for them and not you.

Sometimes, insurance companies engage in what is known as “bad faith” tactics. These are tactics they try to employ to avoid paying you the entire amount of your valid claim.

Delaying at every turn

The insurance company may delay sending payment or even making offers. The idea here is to frustrate you so you accept a lower offer later because you are paying out-of-pocket medical bills and other costs and need the money.

Failing to conduct a proper investigation

An insurer may only look into some of the accident and use those partial factors to determine how much money to offer you. In reality, they should conduct a thorough investigation … Read the rest

Safe Alternatives to Driving While Intoxicated

Car Accident Lawyer in Memphis, Tennessee

The decision to get behind the wheel of a car and drive intoxicated is often a poor lapse in judgement. For some, doing so can become the norm. Some drivers regularly make the decision to drive intoxicated. Although there are a number of reasons for this, none of them warrant or justify the risk driving drunk can pose to not only the driver, but others on the roads. 

Each year, drunk driving claims thousands of victims. In 2016, more than 10,000 fatalities from car accidents involved drunk driving. This made up nearly 28% of all fatalities on the road that year. The consequences of a DWI, and the risk to others on the road can be easily mitigated when a driver accesses safe alternatives when intoxicated. Next time a driver considers getting behind the wheel after overindulging in alcohol, it’s always best to make alternative plans to getting behind the wheel and driving:

Call an Uber, Lyft or Taxi Service

Contacting a company to transport you to your destination may ensure that you arrive … Read the rest

Can Employees Receive Workers’ Compensation After an Old Injury Is Aggravated?

On The Job Injury Lawyer

If you suffer an injury at your current place of work, you will probably look into workers’ compensation quickly. What happens if you had a condition or injury to start with? What if you have an old injury and your new tasks aggravated it? Given how common this is, it’s important to know if you have a claim.

Pre-Existing Conditions Without Prior Claims

It’s not unusual for employees to have pre-existing conditions. Sometimes, these conditions happen naturally, through aging. In other circumstances, these conditions may be due to injuries sustained in an employee’s personal life. For example, if you used to play sports and suffer from a sports-related shoulder or arm injury, then you may end up aggravating the old injury at work.

If you have a pre-existing condition, it does not count you out in terms of whether or not you can receive workers’ compensation. Instead, you can still receive your benefits to account for how your situation became worse. You will have to have your doctor evaluate you to figure out if your … Read the rest

Types Of Divorce: Fault And No-Fault

Family Lawyer

In some states are two types of divorce: fault and no-fault. A no-fault divorce decree can be entered into fairly easily on the grounds that there are irreconcilable differences or the union is irretrievably broken. In such a case, both spouses would have to agree to that in order for it to move ahead smoothly.

A fault divorce requires proof that the other spouse has participated in one of six undesirable behaviors during the marriage. They are imprisonment, desertion, adultery, bigamy, indignity, or cruel and barbarous treatment. In some of these divorce cases, the defendant will fight the decree, so proof must be made.

The Benefits of Proving Fault

Though some couples can get through a divorce amicably and without pointing fingers, there are others who just can’t do it for one reason or another. If your case calls for proof, there are some benefits you could take from it. They include:

• A Quicker Settlement – If you can easily prove fault in the other spouse, the final divorce decree may be settled more quickly, allowing you to

In a Pedestrian Accident? Here’s What to Do

Pedestrian Accident Lawyers

Auto-pedestrian accidents are common across the US. When a pedestrian is struck by a car, they are in a more injury-prone position because they lack the safety afforded by a car to an automobile driver.

If you were hit by a car, truck or bus while on foot, you may be able to receive damages for your injuries, pain, suffering, and losses stemming from the accident. Of course, you may not know what to do next, so here is a look at what actions you should take if you find yourself in this situation.

Get treatment first

It might sound obvious, but you should see a medical professional to get checked out for injuries after an auto-pedestrian accident. If you were treated at the scene of the accident, be sure to schedule a visit with your doctor and follow your doctor’s instructions for your treatments.

Should you have declined medical care at the accident site, you can still have yourself checked over now. Sometimes, injuries don’t show up right away after an accident. If you delay care … Read the rest