Most people file accident claims after getting injured in automobile crashes. However, it’s also possible to file workers’ compensation claims for car accidents that occur on the job. Here are examples of situations in which you may file a workers’ compensation claim for a car crash:
Driving Is Your Job
You are entitled to workers’ compensation benefits for your car accident if driving is a normal part of your duties. The most obvious example for this is a commercial driver hurt involved in a crash. However, there are other people who aren’t drivers per se, but their work entails a lot of driving. For example, a risk consultant isn’t a driver in the strictest meaning of the title, but their work may involve driving to clients’ locations.
You Were Running an Errand
Workers’ compensation is meant for injuries incurred on the job irrespective of the nature of those injuries. Therefore, if you are hurt in a car crash, you can file for workers’ compensation benefits even if you were running an errand. For example, if you are a secretary and your boss asks you to pick up a client from the airport, you can file for workers’ compensation claim if you get into a crash on or from the airport.
You Were Hurt on Your Company’s Grounds
You may also be covered by workers’ compensation if the car crash occurs in your employer’s parking lot. This might be the case even if the injury occurred while you were leaving for home, reporting for work or going to or from lunch. However, you may have a hard time getting the compensation package if the parking lot isn’t employer controlled. In such a case, your claim’s settlement may depend on the wording of your employer’s workers’ compensation insurance and your state’s laws on the same.
Making a Choice
Workers’ compensation benefits are likely to be lower than personal injury claim settlements. One reason for this is because workers’ compensation insurance doesn’t cover all the damages a personal injury claim may have. For example, workers’ compensation doesn’t cover pain and suffering while personal injury claims cover the damage. Therefore, it’s wise to evaluate the two and follow the path of maximum benefits.
However, you may not always have the option of choosing which claims to make. For example, if your employer is responsible for your injury, you have no option but to go the workers’ compensation route, unless you can prove that your employer’s actions were intentional.
Lastly, it’s advisable to file a workers’ compensation claim if you caused the accident. This is because workers’ compensation claim benefits are paid to all injured workers regardless of fault.
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Most employers are required by the state to have worker’s compensation insurance. This insurance covers you in case you get hurt at work. It will pay your medical bills and may cover any lost time you have from work. However, most state requirements don’t kick in until your employer hires a certain amount of people. For example, if your state requires an employer to have worker’s comp coverage when they have 5 employees, but the business only has 4 people working for it, your employer isn’t required to have the insurance. That makes getting paid for any injuries harder. If that is your situation, there are a couple of things that you can do.
Many states have established funds that can be accessed by people in your situation. They are usually called something like “Uninsured Worker’s Fund”. Some states also have a temporary disability program that you can get on to help cover your expenses while you are off of work for your injury. To access these funds, you will need to visit your state’s labor board. You can usually find this by contacting the Department of Labor for your state. They will point you in the right direction. The labor board may be part of an employment center in your area. If you are approved for these programs, you may not get full coverage for your medical costs or much money as you would if you were working, but it will at least give you some compensation.
Worker’s Comp Lawyer
Another option you have is to visit a workers compensation lawyer and start a suit against your employer directly. That suit will allow you to seek the full amount of your medical costs, as well as pain and suffering, and the full amount of compensation for
Being injured at work is never a good thing. Being able to get the compensation for your injuries means one less thing you have to worry about.Learn More
Domestic violence charges are serious, and courts around the country are cracking down on those who are arrested for these types of offenses. If you have been charged with a domestic violence offense, it is essential to hire a good criminal defense lawyer as quickly as possible. Failure to have legal counsel can reduce your chances of getting the charges dismissed or being offered a favorable plea deal. Being convicted of a domestic offense charge has serious consequences, such as:
Loss of 2nd Amendment Rights
Few people know that a domestic violence conviction, even if the charge is a misdemeanor, results in a permanent loss of 2nd Amendment Rights. The United States Congress passed the Domestic Violence Offender Gun Ban in 1997, and it does not appear that the law will be repealed any time soon. Under the gun ban, domestic violence offenders are prohibited from shipping, transporting, owning, or using firearms or ammunition. If you are in the military or law enforcement, a domestic violence conviction can threaten your career.
Inability to Get a Fingerprint Clearance Card
Many professions, such as those involved in education, social work, and some medical jobs, require a person to obtain a fingerprint clearance card before they can be employed. If you have a domestic violence charge on your record, you will not be able to get a fingerprint clearance card. In the event that you already have a fingerprint clearance card for your job, you will not be able to renew it if you have a domestic violence conviction. This fact can greatly impact your career, especially if you spent a lot of time and money going to school in order to enter a specific profession.
Difficulty Getting a Good Job
In this day and age, most employers use background checks to learn more about a person before offering them employment. When you have a domestic violence conviction, it will haunt you for a long time and will always show up on any background check that a company does on you. Your conviction may lead to an equally qualified candidate who does not have a criminal record getting hired instead of you.
Like employers, landlords also use background checks to screen tenants. Having a domestic violence conviction may make landlords uncomfortable or nervous about renting to you, and it is possible that other potential tenants without any convictions will be chosen over you when renting a property. Contact a lawyer, such as Maury K Cutler, for more information.Learn More
Trying to file a workers’ compensation claim can be a bit time-consuming and confusing due to all of the regulations and red tape that the process typically entails. However, a workers’ compensation attorney can not only help you streamline the process but also can increase your chances of successfully receiving your benefits. Listed below are just two of the many reasons to hire an attorney to help you with the process.
Increase The Chances Of A Successful Claim
The biggest reason to hire an attorney to help you out with a workers’ compensation claim is to ensure that you have the best possible chance of receiving your benefits. The first thing that your attorney will do is assist you with filing your paperwork and reviewing your application for any errors before it is sent in. This is very important, as seemingly basic or simple errors could cause your application to be denied immediately or increase the amount of time that the entire process will take.
Another way that your attorney can increase your chances is sending you to multiple doctors so that you have multiple medical opinions backing your claim up. This will not only help you fight any attempts by your employer to have your claim denied, but it will also help to ensure that the severity of your injury is properly documented and presented when you file or appeal a denial. This is vital, as it is not uncommon for an employer to attempt to minimalize or trivialize your injury to limit the amount of money that he or she will have to pay on your claim.
Legal Defense From Employer Retaliation
Your attorney is also going to be available to provide you with legal options if you feel that your employer is attempting to penalize you for filing a claim or successfully receiving workers’ compensation benefits. This type of employer retaliation can take many forms, such as transferring you to a less desirable position without cause, reducing your hours, reducing your wages, firing you, or simply creating a hostile work environment. In that situation, your attorney can contact your employer and remind them that this activity is illegal or assist you in filing a lawsuit.
Contact an attorney like Paul F Guthrie today if you have sustained injuries while at work and need assistance with filing a workers’ compensation claim. An attorney can increase the chances of you receiving the benefits that you require and are entitled to, while also providing you with legal options should your employer attempt to penalize you for filing a claim when you return to work.Learn More
When you are filing for divorce, one of the things you will need to figure out is your child custody arrangement. This is often one of the most stressful parts of a divorce, so it helps to learn more about it before proceeding.
You Need To Provide A Stable Home
If you are attempting to get sole or shared custody of your children, you need to prove that you can provide for them. You will start by showing that you have a job and can financially take care of them. If you are the spouse that moved out of your home, you need to move somewhere that is safe and family-friendly to provide your children with a stable home environment. Whether it is a house or an apartment, have enough space for your children, making sure the home is large enough to accommodate everyone. With a stable home environment, you have a good chance of getting shared custody at the very least.
Time Spent With The Kids Makes A Difference
One important thing to note when you are going through a divorce and potential child custody case is that the amount of time you volunteer to spend with your children can make a difference. If you and your spouse both prove to be fit parents to raise your children, the judge will look at small details to decide who gets custody of them. Even in shared custody cases, they need to decide which parent is more fitted to have the children living with them the majority of the time. You want to know not only that you are capable of taking care of your children, but that you want to spend time with them. Continue visiting with the children through the divorce, even if they aren’t currently living with you. This shows the courts that you care enough to drop what you are doing just to get more time with your kids.
Children Have A Say In Living Arrangements
What many parents don’t realize when they first get divorced or separated is that with child custody arrangements, the children might have a choice. Many judges want to speak to the child, depending on their age. They will ask the children which parent they want to live with. This can be a hard choice for children and teenagers, but in some cases, the child has a good reason for choosing one parent or the other. It may come down to the parent themselves, the home, or the neighborhood where their friends are.
For more information on child custody issues, talk to a family law attorney like those at The Law Offices of John G. McGill, Jr.Learn More
Starting a business can represent a major investment for a person to make, and one of the largest aspects of this investment will be the building and property for the enterprise. As with any type of real estate purchase, it is important for you to be informed about this process to ensure that you avoid making some common errors and oversights. To this end, working with an experienced commercial real estate lawyer can be an excellent option for ensuring that you have easy access to legal counsel during the buying process. More precisely, there are two ways that a commercial real estate attorney can help you during this process.
Researching the History of the Property
Many people may be shocked to learn that it is critical to research the financial history of a property before they decide to purchase it. It is possible for debtors to have accrued liens against the property. If you make the major error of purchasing a property with a lien against it, you may be forced to repay this lien at some time in the future.
Luckily, your commercial real estate attorney will be able to quickly and effectively review the history of the property to ensure that there are no active liens or collections against the property that you are considering buying.
Gather Information for Conducting a Business Study of the Location
Before choosing a location for your enterprise, it is important to perform a comprehensive business analysis of the area. This is important for ensuring that there is enough traffic in the area to sustain your enterprise. You might not know where to gather the information to perform this analysis, but your attorney will be able to help you with the task. In particular, they will be able to gather the information you require from the various local government agencies. While there may be a fee for this type of service, it can save you from spending many hours attempting to track this vital information down on your own .
Buying commercial property can be a major investment for anyone. Don’t make the mistake of failing to appreciate the numerous benefits of working with a commercial real estate attorney during this process. Having the attorney research the history of the property as well as gather the information needed for a business study will help you make the best choice possible for your business’s new location with as little stress or chance of error as possible. Look for an attorney like Steve Butcher Sr in your local area.Learn More
If you are considering the possibility of divorce, then you have a stressful road ahead of you. You will need to divide up finances, assets, and maybe even child custody. To help make the process a bit easier for you, here are some ideas to consider when it comes to child custody, including which kind of custody is best and the difference between physical and legal custody:
Which type of child custody is best for your children and your situation?
You will also want to think about what is best for your children. While joint custody is a good compromise in some cases, sole custody can also be very appealing.
Joint custody is best when both parents want to play a role in the life of their children. Joint custody normally has a primary caretaker, who will retain custody of the child the majority of the time. It’s common for one parent to be given weekends or a few days out of the month, but you could evenly split custody between both parents as well.
Sole custody is a better choice if one parent does not want to participate in their children’s lives, or if you feel that the other parent would be a danger to your children. It can be difficult to convince a court to grant sole custody, so you want to have all of your ducks in a row before you make an argument for exclusive custody.
What is the difference between legal and physical custody?
You might also hear the terms legal and physical custody mentioned. They are sometimes the same thing, but that isn’t always the case.
Legal custody essentially refers to the ability to make decisions on behalf of the child. This can mean picking the school for the child, their religious upbringing, and medical treatments. In many cases, legal custody is shared, since both parents want to have some role in the child’s life. If there is shared legal custody and one parent goes against the wishes of the other, then you could end up with a battle in court. These battles rarely end in money changing hands, but rather in court orders to abide by the terms of the divorce.
Physical custody is essentially who has custody at any given time. When you give the children to your ex-spouse for their days or weeks with the child, then you are relinquishing physical custody and transferring it to the other parent.
For more information, contact firms like The Law Offices of Paul F. Moore II.Learn More