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Should I Get a Lawyer For a Work Injury?

What is Workers Compensation?

workers' compenstation attorney

 

You can work in a factory, in an office, in the field or you can be a driver, a manual worker, or an office worker. You may get injured at work and therefore need to submit a worker compensation application to apply for benefits and get a certain amount of compensation. Insurance companies or employers resort to denial so that they can minimize the benefits of workers who have been injured at work. They can argue that the worker’s injury occurred when they left the workplace or that the worker’s injury was not as serious as the worker claimed. The worker should undergo an independent physical examination or inspection by a health insurance company. The judge usually decides within 30 days after the evidence is submitted. The evidence is collected based on

  • The name of the witness
  • The location of the incident
  • The cause of the incident
  • The time and date of the accident and injury.

Who is a Workers Compensation Lawyer?

A lawyer helps you in gathering evidence to support your claim to either reach a settlement or to represent you at your compensation hearing. The process of recovering your workers’ compensation payments can be time-consuming and frustrating. The lawyer will contact the workers’ compensation insurance company on your behalf, obtain medical evidence to support your claim, try to negotiate a good agreement, and represent you at the work injury insurance hearing. The compensation lawyer knows what to expect and can better address situations that may arise during the proceedings in the absence of the injured party.

workers' compensation attorney

 

Lawyers can use medical records to clarify to the judge the extent of their client’s injuries and medical opinions on workers’ performance and the direct link between the complainant’s work injury and his work. A settlement agreement should be made correctly to avoid negative consequences in the future. A lawyer can also help you make a reasonable estimate of future medical expenses so that they can be included in the settlement agreement. During the investigation, your lawyer may collect evidence, request your medical records, conduct legal research, draft his/her abstract (petitions, motions, and responses to the insurance company), and ensure that everything is submitted on time.

Your lawyer will introduce the “case theory” to the judge at the hearing, present court opening and closing statements, cross-examine witnesses, and raise objections when the insurance company does something wrong. At the hearing, your lawyer can help you appeal the decision. The job of a workers’ compensation lawyer is to help workers resolve their work injury insurance case when the insurance verifier fails to resolve their case. After a devastating experience, a lawyer can help you get the benefits you deserve.

When to Hire the Lawyer?

Here are ten signs that indicate you may need a workers’ compensation lawyer.

  • Your employer or insurance company denies that this happened at work. This usually occurs when there are unreported minor injuries at work. At work, this trauma suddenly gets worse. It becomes so serious that the employer/carrier states that the initial injury did not occur at the
  • Your employer is late for your If you are injured at work, you must notify your employer immediately and initiate the complaint procedure. The company needs to provide you with appropriate documents, report your case to the state workers’ compensation agency, and file a claim with your insurance company.
  • Suppose you have a partial or complete permanent disability. In this case, you will not be able to resume work fully. Insurance companies are more likely to reject such claims because they are the most expensive.
  • Your doctor will recommend treatment for you, and your health insurance will not pay for it.
  • The insurance company rejects your
  • Assume that the settlement proposal does not include all wages and medical You may need to have a physical examination (IME) with a doctor of your choice in this case.
  • You have a pre-existing condition: if you have ever had a problem, insurance may blame you for the new To prove otherwise, you need proof.
  • You plan to apply for Social Security disability benefits: These benefits are called SSDIs and can be reduced through worker A lawyer can structure the agreement to minimize or eliminate compensation.
  • If you are fired, demoted, laid off, or forced to return to work prematurely, your employer will return your favor. The lawyer can argue that the fine is
  • If you have a third-party complaint: If someone other than your employer caused your loss, you can withdraw from the workers’ compensation system and apply for workers’ compensation If a negligent driver hits you on your way to work, you can sue the person for compensation.

What Can a Workers’ Compensation Lawyer Do For You?

A lawyer can help workers injured at work obtain compensation for these injuries, including medical expenses and wage losses. These lawyers represent clients in litigation related to worker’s work-related injuries. The lawyers are also committed to ensuring that their clients receive funds owed to them due to judgments or settlements. The lawyer submits documents on time, opens the case for you, negotiates with the insurance company, and drafts an agreement when necessary.

In addition to preparing your argument, the lawyer also prepares you to say the correct words in your testimony. They will also question insurance witnesses. Unlike civil litigation, the Work Injury Law provides insurance. When workers introduce themselves, the contract is legally binding only after the judge approves it. Experienced lawyers know how to collect the necessary evidence to support your case, negotiate effectively with insurance companies, and draft settlement agreements to avoid unforeseen consequences. Your work injury insurance lawyer can help you get compensation for medical expenses, economic losses caused by unemployment, and pain and suffering caused by injuries caused by your employer’s negligence. If you have suffered an injury at your workplace and are unsure whether you should seek legal help, contact a workers’ compensation lawyer in Philadelphia for a free consultation.

What Qualifies As Medical Negligence?

Medical malpractice lawyers assist whenever medical malpractice occurs. Read on to find more about medical malpractice and the legal help you can get:

What Is Medical Malpractice?

When health care professionals fail to provide appropriate treatment or neglect their duties, it is known as medical malpractice. A health care professional or a doctor is expected to provide required health services to the patients. All the injuries or issues suffered by the patient are not due to the medical health care officials. However, if any injury or inconvenience occurs due to the negligence of health care officials or doctors, they are responsible for it.

Types of Medical Negligence Incurred:

Usually, the following medical malpractices are exercised by medical staff:

  • Anesthesia Error:

medical malpractice attorney

When anesthesiologists fail to manage the fluid concentration, machine operation, drug administration, and monitor operation, they risk the patient’s life.

  • Wrong Diagnosis:

Inappropriate collection of medical histories and non-serious diagnosis of severe diseases like cancer, stroke, or other disorders lead to some serious medical complications.

  • Negligence in Emergency Rooms:

The non-serious behavior of staff and their irresponsibility in the emergency rooms are just miserable. Many patients lose their precious lives to negligence in the emergency rooms.

  • Surgical Inaccuracy:

The lack of experienced surgeons has resulted in many fatalities. Many doctors mistakenly operate the wrong area, bruise other organs or leave various gauzes in the patient being operated on. These mistakes lead to serious health issues for the patients.

  • Medication Blunder:

Wrong medication often creates severe allergies or other reactions to the patients.  Some pharmacists also fill in the wrong medicines on the prescription.

  • Error of Radiology:

medical malpractice attorney

Serious medical situations get misdiagnosed because of misreading an X-ray, MRI, or CT scan. Most people in intensive care units die due to misdiagnosis of their diseases.

  • Injuries During Birth:

Delivering a child is never taken seriously by many doctors. A lot of babies face head injuries or nerve damages during labor.

  • Meningitis:

Meningitis causes harm to thousands of children.

  • Injury in Bowel Track:

A perforated bowel injury occurs due to the non-serious and negligent attitude or practice of the health care workers in the hospital.

The doctors and other medical professionals incur many mistakes other than those mentioned above.  These all situations can affect the lifestyle of the person being treated.

Who is a Medical Malpractice Attorney and Why They are Needed:

A medical malpractice attorney is a person who assists the patient in pursuing legal action against the misconduct or negligence of the medical professionals. The lawyers file suit against the doctors or related medical staff to claim injuries or other discomfort faced by their client (patient).

The attorney should be proficient in both law and medicine. Many complex cases require their excellent knowledge and experience.

An excellent attorney shall:

  • Be aware of different medical conditions.
  • Can go through complex precedential records.
  • Knows where to consult and what to ask.
  • Could foresee the techniques that defendant lawyer can use.
  • Should identify all the losses that occurred.
  • Can carry forward complex cases.
  • Fight the case with full dignity, honesty, and integrity.
  • Can collect and evaluate the related documents and pieces of evidence.
  • Can find out who is at fault and liable to pay off losses.

Requirements to Call for a Case:

It is the job of the lawyer to identify whether it calls for a case or not. Most of the time, a legal procedure is required, which needs the assistance of an attorney. But in some cases, no legal action is required. Firstly the lawyer, with his experience, decides to call for a case.  Secondly, he can also look at the following:

  • There was a Relationship Between the Patient and the Doctor:

First of all, the lawyer must identify an actual relationship between the patient and the doctor. There should be an official meeting of both parties. In the absence of evidence of the patient going to the doctor, the doctor cannot be legally sued for negligence.

  • Medical Professional was Negligent:

Then after identifying the presence of a relationship between the patient and doctor, the lawyer has to confirm whether the medical professional was at fault.

  • Negligence of the Doctor Led to Injury or Other Health Issues:

It is very important to see whether the doctor’s negligence led to any injury or harm to the patient. The case only becomes strong when there is harm to the patient’s health because of the misconduct of the medical care staff.

  • That Injury or Loss Caused Serious Damages:

Even if the doctor performed irresponsibly, the patient cannot sue him legally until they have suffered serious damage or loss. e.g., mental disturbance, physical injury, medical bills, income loss, etc.

A Medical Case Involves:

  • The Plaintiff:

A plaintiff is the one who suffers loss or injury. The loss is incurred because of the medical malpractice exercised by health care professionals. The patient is normally considered a plaintiff.

  • The Defendant:

The defendant accounts for the injury caused to the patient. The defendant can also hire a lawyer to prove himself innocent.

  • Jury:

It is the party that gives a verdict in a lawsuit.

The Proceeding of Legal Action:

First of all, a lawyer files a case on behalf of the plaintiff. The plaintiff’s lawyer and the defendant submit all the required proofs, including bills and other medical documents, to the court. The plaintiff proves his sufferings. The verdict will be given in favor of the prevailing party, who will prove itself right. Then the court decides the damages to be offered to the victim party. Many times losing party can ask for trials again in the court and proceed accordingly.

Damages a Plaintiff Can Get:

Damages can be of two types:

  • The Compensatory Damages:

These involve economic damages such as medical expenses, income losses, and other related bills. These can also be physical or psychological, e.g., loss of organ or body part, severe pain, mental pressure, etc.

  • The Punitive Damages:

It is a sort of punishment that is only given to the defendant if he is proved guilty. It is also considered compensation.

Each lawyer or law firm works differently. Their fee also varies. The fee is in proportion to the amount of settlement. With the help of the lawyer, it becomes easy to proceed with legal obligations with accuracy. Have you suffered as a result of medical malpractice and are in need of legal help? Contact a medical malpractice lawyer and get the maximum possible compensation for your loss.

How Common Are Truck Accidents?

Philadelphia Truck Accident Lawyer

Truck accidents are commonly dreadful as they cause life-threatening destruction. There are many truck crashes that take place every day. Along with life damage, they also cause property damage. There are thousands of commercial trucks seen daily on the roadways. They are convenient for users because they provide transferring services of goods and other valuables by road.  However, the risk also exists alongside the benefits.

An eighteen-wheeler commercial truck weighs 80000 pounds, whereas a dumped truck weighs 60000 pounds. It can tell the proximity of loss in a truck accident. In 2017, 6807 trucks crashed, reported by PennDOT. This amount of casualties is rising with each passing year, which is not supportive of the well-being of society.

KINDS OF TRUCK ACCIDENTS:

Few types of accidents that exist are:

  • Tire Blowout Accident:

When there is a cut in a tire, it causes the tire to lose air gradually. A less aired tire leads to a severe accident causing damages to the property, driver, and other passengers. Drivers always need to check the tires and the air pressure before beginning the journey.

  •  Unsecured Load Accidents:

Improper weighing of the trucks, i.e., not per rules and regulations, causes fatal accidents. These accidents occur when the trucking companies do not abide by the requirements and cautions for loading.

  • Rollover Truck Accidents:

These accidents commonly occur when a truck turns at a very high speed. It appears when the driver does not drive as per traffic rules. Poorly weighing or sudden lane changing of the trucks also leads to such rollover accidents.

  • Underride Truck Accidents:

Most of the time, cars or bikes collide with the truck and come underneath the truck, resulting in underride truck accidents. These accidents are the fatal ones. Inconsistent speed of the truck also causes such accidents in the flow of heavy traffic.

WHAT CAUSES TRUCK ACCIDENTS:

A list of some commonly reported causes of truck crashes is given below:

  • Vehicle Manufacturing:

Proper maintenance of the vehicle is essential. The truck owner should never overlook any single minor fault in the vehicle as it can lead to significant losses.

  • Drivers Negligence:

Almost above 70% of accidents occur due to the negligence of the driver. When reported in a crash, most drivers were found drunk, high on drugs, or tired. Drivers need to be licensed and trained to avoid accidents and further damages.

  • Illegitimate Loading:

Horrible accidents occur when the trucks get loaded above their prescribed capacity. That could cause the loss of many precious lives and property. Overloading of trucks leads to severe accidents usually.

  • Excessive Speeding:

Excessive speed always kills, whether it be a large truck or any other vehicle. The truck ends in a crash whenever driven over the prescribed speed limit. So, the violation of such laws also leads to vehicle and life-threatening damages.

However, jackknifing, non-recognition of new routes, brake failures, etc., also cause reported truck accidents.

Injuries Arising From Truck Accidents:

The following list depicts the injuries and losses arising from truck accidents:

  • Brain injuries
  • Spinal cord destruction
  • Internal bleeding
  • Organ damages
  • Fractures
  • Mental trauma
  • Death

Along with such injuries, these traumatic truck crashes also result in the loss of loaded and vehicle goods.

How to Avoid Hazardous Truck Accidents:

The best caution one can take to avoid such accidents is maintaining proper space between the vehicles to avoid collisions. The chances of vehicle collision minimize if the driver keeps an appropriate distance. The speed should be observed under the requirement to prevent any crash.

The driver shall not drink alcohol or use any other drug that makes him unconscious. Full alertness of the driver is always required to avoid any unwanted situation like accidents. The trucking companies shall work on their vehicle’s maintenance. The people walking on the roads shall be alert of their surroundings to sense any mishap.

Accidents are undoubtedly hazardous and life-threatening, but one can easily avoid them with little responsibility and care. So one should always show their social responsibility to avoid such unwanted situations.

Philadelphia Truck Accident Lawyer:

Whenever a truck accident occurs, it calls for some legal actions, too, as the truck accidents are complex ones, requiring professional guidance. A Philadelphia truck accident lawyer gets hired for this purpose. A team of investigators and lawyers designed to know the facts and figures is appointed. Mostly the law firms are hired for truthful estimation of liabilities and compensations.

Liable Parties involved in a truck accident are:

  • The truck operator
  • The truck keeper
  • The vehicle builder
  • The government

Truck accidents involve professionally licensed drivers. The court usually holds such drivers liable for non-professional behavior. Because of the negligence towards their employees and vehicles, sometimes the owners are also responsible for accidents. In such cases, the Philadelphia truck accident lawyers get hired to determine the real liable party.

Compensations Received in a Truck accident:

The Philadelphia truck accident attorney also determines the actual rights of compensation for the victims by protecting the interests of trucking companies. The lawyer negotiates the amount of loss with the insurance companies, and then the injured gets that claimed amount. Compensation to the victim involves:

  • Personal Injury Compensation:

It involves the compensation of the amount that the injured spends after surviving the truck crash. The victims of injury can claim relief for financial losses, including medical expenses or other property loss. The victim can ask for all other receipts and bills.

  • Wrongful Death Damages:

If a person dies in a truck crash, then his/her family can demand compensation. The claim includes hospital bills of deceased, funeral and burial expenses, compensation for deceased conscious pain before death from the guilty party. The deceased’s family can also claim the income loss occurred due to the death of the victim.

The lawyer can be helpful in all the situations mentioned above to proceed legally. The fee of the Philadelphia truck accident lawyer usually ranges from 20%-30% of the claim recovered. If you have been a victim in a truck accident and seek legal help, contact Philadelphia Truck Accident Lawyer and get maximum possible compensation for your loss.