Mirror of Justice

How Complex Are Workers Compensation Laws?

July 19th, 2009 at 01:59am Under Worker Compensation Law

Most people do not feel the need to understand workers compensation laws until they have suffered a serious injury at work. These laws can be quite complex and they vary from state to state. It is important for every worker to be aware of what workers compensation entails so they will be prepared in the event of a serious accident.
Worker’s Compensation, also known as ‘Workman’s Compensation” or ‘Worker’s Comp’, is a set of laws designed to protect injured workers. The purpose is to ensure that if a worker is injured at work, they will receive medical care, lost wages associated with the injury, rehabilitation, and retraining so they can return to work once they have recovered. If a worker is killed while at work, their families will usually receive death benefits. This systems permits injured employees to receive benefits without having to prove that the employer was negligent
While most injured workers usually qualify for benefits, there are situations where an employee may be denied benefits. This type of situation can become very complicated. Workers who are denied benefits usually consult with an attorney. An attorney who specializes in worker’s comp claims are Worker’s Compensation Attorneys. An attorney can advise a worker on how to protect their benefits and will defend them if they are denied benefits, denied extended or permanent disability, or had their benefits terminated early.
Employers tend to know more about worker’s comp law than the workers. Sometimes an employer may attempt to deny benefits. They may also send an injured employee to a doctor who may not have much experience in the area of the injury, or is working more for the employer than the patient. . An attorney will help protect a worker’s rights if an employer attempts an underhanded method of denying benefits or forces an employee back to work too soon after an accident. An attorney will also help a worker who returns to work for a period of time following an injury and suddenly finds himself laid off and no longer eligible to collect benefits.
Using the services of a worker’s compensation attorney will increases the chances of a worker receiving benefits. An attorney understands all aspects of the worker compensation laws and is familiar with the process, the officers and judges who preside over the process, and how the process works. Worker’s compensation proceedings are much different than other law proceedings. The setting and rules are more relaxed. Most personal injury lawyers will work on a contingency fee basis. This means that the attorney does not receive compensation unless the case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it can be difficult securing a personal injury lawyer. You should try to hire a personal injury lawyer that has experience with worker’s compensation claims
A worker who receives worker’s comp benefits usually cannot file a personal injury claim against an employer. A worker can file lawsuit if an employer intentionally causes an injury. The employer must have committed a precise act that intended to cause injury to the employee. For instance, if an employer pushes an employee down a flight of stairs, you can sue. A worker may also sue if an employer is required to provide compensation coverage and fails to do so.
If you find yourself facing obstacles to securing worker compensation benefits, you should consult with an attorney. The laws can be very complex for someone who does not have a legal background. A personal injury lawyer will have the expertise in handling a worker’s compensation claim.

Minnesota Personal Injury Attorneys

July 19th, 2009 at 01:07am Under Personal Injury Law

Anyone who suffers a personal injury caused by another individual or a company, government agency or any other entity should realize the importance of securing the services of a personal injury attorney. Attorney representation provides you with the professional assistance that is so necessary when dealing with the intricacies of civil law, and also sends a signal to whoever caused your injury that you are serious about being compensated.
Clearly, auto accidents are of primary importance when discussing the role of personal injury attorneys. Minnesota has its per capita share of auto accidents caused by many factors, which include the scenic nature of some of our highways distracting drivers. If you are in an accident and have reason to believe the other driver is at fault, there are standards for bringing suit in Minnesota.
Of course, if you believe you may be at fault for the accident, you will need quality legal help to assist you in arranging for a settlement.
Bicycle accidents are an increasing phenomenon, as Minnesotans and people across the country have increased bicycle usage for both exercise and transportation purposes. Many accidents are car-on-bike and most of these involve failure of the motor vehicle operator to recognize the presence and rights of the bicycle rider. Again, if you are injured while riding, you need professional assistance,as most such accidents are the motor vehicle operator’s fault.
Similarly, both pedestrians and motorcyclists are familiar with the tendency of so many car and truck drivers to fail to acknowledge their presence on roads. With the advent of wide-spread cell phone usage this phenomenon has become even more prevalent. If you are struck while running or just crossing the street, you must seek a personal injury attorney that know the ins and out of Minnesota law.
Despite increased crack-downs and more harsh punishment for drunk driving, there are still many accidents involving drunk drivers striking other vehicles, bicycles, and pedestrians. Select a Minnesota personal injury firm to get the specialist of choice.
One area of increasing activity in legal processes is product liability cases. With so many foods and various other products being imported from China and other underdeveloped countries that have substandard manufacturing and food handling procedures, it is important to have an attorney who knows how to trace the responsibility back to the people or corporate representatives who should compensate the victims of faulty products.
Among the many other areas of personal injury law is medical malpractice. Medical malpractice is a very complicated situation and needs thorough investigation by a personal injury attorney. Often, medical malpractice results from the simple shortage of doctors, nursing care and other ancillary professional and even custodial personnel in a hospital environment. In an era with so many antibiotics available, some facilities have become lax in their handing of intrusive medical devices, and in simple cleanliness of both the environment and the patients wounds.
For medical malpractice cases, auto injuries, workplace injuries, or any type of wrongful injury or death case, go with the best Minnesota professionals you can find.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

The Personal Injury Law Suit: Surviving Surveillance

July 17th, 2009 at 07:08pm Under Personal Injury Law

Surveillance by detectives engaged by insurers denying your claim for damages after an accident is an unfortunate reality when you have started an Ontario accident, including a claim for statutory accident benefits after a motor vehicle accident.
Although surveillance is most commonly used in car wreck or motor vehicle accident claims, it is also used in other situations such as slip and falls or product liability claims where damages are claimed for personal injury.
Here are some survival tips from an experienced Ottawa personal injury lawyer to help you deal with the inevitable surveillance:
- Never, never exaggerate your limitations or the extent of your injuries from your accident when speaking to the insurance company or when going through the legal process. Assume that if you have played golf, they know. Assume that if you went hiking in the mountains they know. Assume that if you lifted the grocery bags out of your car, they know.
- If you spot your “tail” make a note of the date and time and what you have been doing over the previous 3-4 days. The investigators usually follow their targets for several days at a time. Awareness of what the detective may have observed could help you when you give your own evidence.
- Assume you will be monitored when you go to mediation, examination for discovery or any medical appointments. You are more readily located and observed because the insurance company knows when and where you are supposed to be. For example, we had one case where our client was observed having a smoke break during the mediation. We have had many others where our accident victim clients have been videoed headed in and out of physiotherapy.
- Don’t speak to the investigators. They should not approach you and you should not approach them. If they try to speak to you or interview you, decline and let your personal injury lawyer lawyer know right away.
A common defence tactic is to obtain surveillance. Then, on examination for discovery, to try to elicit evidence that can be contradicted by the surveillance. For example, the insurance company might try to get footage of you walking without your cane, and then get evidence from you where you say you cannot walk without a cane. Contradiction achieved! Remember, surveillance can only hurt you if you are shown performing tasks that you deny being able to perform.
Sometimes surveillance helps you. If the insurer displays a dvd to to jury, your lawyer may have an expert explain that it shows a problem with your walk or another medical problem that will bolster, not hurt, your claim. Or you may be observed taking a rest or requiring support in some other fashion.
As is so often the case in a personal injury case, the most important aspect is to be as accurate as possible about the impact of your accident.

How To Deal With Insurance Adjusters

July 17th, 2009 at 07:05am Under Insurance Law

The insurance adjuster is asking me for information and wants to meet, why?

Plant Quinn Thiele LLP – Ottawa Personal Injury Lawyers

Think meeting the insurance adjuster wihout a lawyer is a good idea?  Think again.  Why do they want to meet?

It is the insurance adjuster’s job to find ways to reduce your case or get rid of it entirely. The more documents they have the more chances they will find something to hang their hat on to deny or reduce your claim.

Insurance adjusters much prefer dealing with injured persons who don’t have a lawyer. Why do you think they call you the same or day after you are injured? They want to get to you before you know your rights and interests and BEFORE you speak to a lawyer who can offer guidance to you in relation to your rights and the claims process. They want to control the file, and more importantly, control the evidence. They are not your lawyer and have no duty to you. Their business card says “Adjuster” for the insurer, not lawyer for you. They represent the opposing party’s insurer, not you! Their job is not to give you legal advice, but to investigate the accident. Adjusters know how to manipulate you. The moment you retain an experienced PQTLaw personal injury lawyer, that manipulation stops.

Don’t believe us? Try this. When the adjuster calls to meet with you and obtain a written statement and authorization to obtain information from your doctors and your employer, ask them if you can meet with the owner of the property where you fell or the driver that hit you so you can ask them questions and obtain a written statement. The answer will be – are you crazy? No way. It’s a one way street.

The less an adjuster pays on a claim, the better for their career.  Insurers make millions and millions of dollars in profit every year. They are corporations who’s primary focus is profit, profit and profit. The longer you don’t know your rights and interests, the more serious damage can be done to your claim.  Insurance adjusters receive training and have experience in assessing and investigating claims.

Our experience is that by the time the insurance adjuster is willing to make an offer to settle your claim, given the admissions you may have made, they offer pennies on the dollar.

Why? You dug your own grave – you provided the insurer with a written statement or recorded statement – you provided the insurer with access to all your records, medical, financial or etc – you took no steps to preserve your evidence – you took no steps to obtain your own witness statements – you took no steps to obtain a lawyer to know your rights, interests and risks – and so on… Your case has been destroyed. By the time an offer is made, if one is even made, the insurance adjuster has potentially harmful documents, information and tons of reasons to justify making no offer or making a ridiculously low offer.

Call us at 613-563-1131, Marc-Nicholas Quinn, Plant Quinn Thiele, LLP – OttawaPersonal Injury Lawyers

www.pqtlaw.com   — mquinn@pqtlaw.com

Stockton, California Police Officer Arraigned in Drunk Driving Accident Case

July 16th, 2009 at 03:02am Under Drunk Driving Law

As an update to a story we carried last month in our California drunk driving accident lawyers blog, a former Stockton police trainee has been arraigned in an accident case that killed one of his passengers.

According to the Modesto Bee, 27-year-old Ryan Honnette has been arraigned on charges including driving with a blood alcohol percentage of 0.08 percent or more, driving under the influence of alcohol causing injury, and gross vehicular manslaughter while intoxicated. The accident that he has been charged in relation to took place on October 18th. Honnette was driving a Ford Excursion with four passengers inside. As he approached the Highway 132-Lake Junction, Honnette seems to have lost control of the vehicle. He tried to get the vehicle back on track, and over-corrected. The SUV rolled over. 25-year-old Matthew Miller, who was sitting in the back seat, was thrown out of the SUV. He suffered severe injuries, and was taken to the hospital where he died a while later. The other passengers in the car escaped with minor injuries. Honnette walked away without any injuries.

Honnette was arrested on suspicion of drunk driving. His blood alcohol level was apparently 0.15 percent. He was just a few months away from finishing his police officer training, and was placed on paid leave as a result of the drunk driving accident. He is currently looking at a sentence of more than 10 years, if convicted.

This is a classic example of a man throwing his life and career away in one instant of lunacy. You would expect Honnette to be more aware of the dangers of drunk driving. As a police officer in training, he likely had access to DUI offenders who were looking at punishments ranging from license suspension to prison time. Yet, he chose to get behind the wheel too drunk to drive anyway. His blood alcohol levels were almost twice the legal limit, which makes you wonder what exactly he took home from his police training program.

This sort of behavior would be intolerable from an average motorist – from a man of the law, it’s completely unacceptable. Honnette deserves the strictest punishment he can get for his negligent behavior.

A San Diego & Orange County California Airplane Accident Lawyer’s Humorous View of Possible Future Laws to Prevent Aircraft Accidents

July 16th, 2009 at 02:52am Under Aviation Law

If you’ve had an airplane or aviation accident anywhere in California, from San Diego to Orange County, or from Santa Barbara to Palm Springs, or at any other Southern California airport including Carlsbad, Chico, Imperial, Long Beach, Los Angeles, Ontario, San Luis Obispo, Santa Ana, Santa Maria, Palmdale, Camarillo, Chino, Compton, El Monte, Hawthorne, La Verne, Ramona, Riverside, San Bernardino, Torrance, Upland, Van Nuys, Burbank, Apple Valley, Banning, Big Bear, Borrego Springs, Calexico, Corona, Lompoc, Murrieta, Temecula, Oceanside, Paso Robles, Redlands, Santa Ynez, Twentynine Palms, Hesperia, Joshua Tree, or Yucca Valley, you’ve probably been wondering if the California state legislators are working on any new Bills to try to prevent airplane accidents or if the cut backs on food and drinks on flights means that safety might also suffer.

I had heard that the state’s legislators were rushing to pass laws to prevent airplane accidents, so I called one of my state Senators to learn how this would affect pilots in California and personal injury victims. What I learned may just keep me on the ground in the future.

“I would guess that the rule against using cell phones won’t apply to pilots, right?” I asked.

“Actually, it will,” the Senator said. “We still think it can mess up the navigational equipment. Radio transmissions will still be allowed.”

“What are you thinking about prohibiting?” I asked.

“Can you keep a secret,” the Senator asked.

“Sure,” I said.

“Well we’ve heard some pilots used to like to drink a little something on long flights,” the Senator said.

“You’re not saying what I think you’re saying, are you?” I asked.

“Yup,” the Senator answered. “No more beach parties in the cockpits. The rule against drinking margaritas will be strictly enforced from now on.”

“That’s good,” I said sarcastically. “I hate it when the pilot of my plane starts singing on the intercom.”

“What else are you thinking about prohibiting?” I asked.

“No more gambling, and no more card games of any kind.”

“They play card games up there?” I asked.

“They play all kinds of games,” the Senator said. “Poker, video games…we’re making a list that will be all inclusive, we hope.”

“So what else are you considering outlawing?” I asked.

“Well, you’d probably be surprised what pilots do now that they have all that food to themselves,” the Senator said.

“You mean the food they used to serve passengers?” I asked.

“That’s right,” the Senator said. “Turns out they’ve been having food fights up there and using the peanuts as poker chips.”

“Sounds like the fun is over” I said.

“We’re not prohibiting everything,” the Senator said. “But there will be no more spying on the passengers unless it’s for security reasons.”

“What do you mean spying?” I asked.

“Are you sure you can keep a secret?” the Senator asked.

“Positive,” I said with my fingers crossed behind my back.

“Well, you know those little air vents that you adjust to blow air on your seat?”

“Sure,” I answered.

“Lets just say that airplanes vents would do more good if they didn’t have little cameras in them.”

“You mean that each of those little vents are really cameras?” I asked. “I always wondered why they worked so poorly.”

“You didn’t hear that from me,” the Senator said.

“Aren’t you afraid of making the pilots bored if you take away their little spy tools?”

“Maybe they’ll have to put on some better in flight movies,” the Senator said.

“Just don’t let the pilots have a screen to watch them,” I said.

“Good point,” the Senator replied, and made a note to himself.

If you’ve been injured in an accident involving an airplane and want to know what rules actually apply to flying, call the offices of an airplane accident lawyer.

Visit our website at http://www.SebastianGibsonLaw.com to learn more about how we obtain great personal injury settlements from insurance companies. Or call us to speak directly to Sebastian Gibson about your airplane, helicopter, airline or aviation accident, or the loss of a loved one in a wrongful death with no charge for your consultation. 

Learn Why an Aviation Accident Attorney Becomes Important

July 13th, 2009 at 02:51pm Under Aviation Law

El Cajon, California Man to Face Trial for Drunk Driving Accident

July 12th, 2009 at 09:02pm Under Drunk Driving Law

An El Cajon, California man will stand trial in a drunk driving accident case that occurred in July of this year. 35-year-old Shannon Shimp is charged with two counts each of murder, as well as gross vehicular manslaughter in the deaths of Ian Kinney and Joseph Warren Edwards.

The accident took place on Highway 78 on July 22nd. 19-year-old Tessa Medearis was in a Lexus with her boyfriend, 19-year-old Ian Kinney. A pickup driven by Shimp attempting to pass three vehicles skidded out of control, and into the westbound lanes. It crashed into the Lexus, which was also westbound, ending up on top of the car. Ian was killed instantly. Also killed was Shimp’s passenger, 58-year-old Joseph Warren Edwards. Both men died at the scene. Ian left behind his parents, while Edwards is survived by his wife.

Tessa suffered moderate injuries, and had to be extricated from the wreckage. After the accident, Shimp, who had suffered injuries in the car accident, was taken to the hospital for treatment of his injuries, and then arrested on suspicion of driving under the influence. He was found to have been driving with a blood alcohol level of 0.19 when tests were conducted two hours after the car accident.

On Wednesday, Tessa appeared in court to testify about the car accident that killed her boyfriend. The Superior Court Judge ruled that there were grounds for a trial. There will be a hearing on December 3rd to decide on a date for the trial.

For the two families that lost the most in this tragedy, it seems like justice gets nearer every day. They have had to face the pain of losing their loved ones though no fault of their own.

California has a multi-pronged approach to dealing with the DUI menace. Not only does it have some of the most severe drunk driving laws in the country, but it has also had a significant amount of success in bringing down accident rates in the state, through better awareness programs for motorists, stronger checks and monitoring of drivers, as well as graduated licensing programs for teens that encourage them to be fully educated before they are allowed to drive on their own. The stringency of these laws has led to criticism from groups who believe that license suspensions and the focus on passing breath tests, are unfair. When we continue to have drivers like Shimp who think nothing of tanking up with alcohol that’s more than twice over the legal limit, it’s clear that these criticisms are baseless.

Construction Site Accidents and Injuries

July 11th, 2009 at 08:56am Under Construction Law

A. Overview

Construction projects can be dangerous places to work. Tools and materials get tossed around. Large, heavy objects are moved from place to place. Great forces are unleashed; chemicals are used. Torches and flame and pressure may be applied. Injuries can occur at even the safest job sites.

Accidents at construction jobs are divided roughly into two categories – height-related injuries, and everything else. “Everything else” can be stumbling on a hammer, or getting an electrical shock, or getting hurt because of defective or unsafe machinery, or anything else that’s not height-related. “Height-related” usually means a fall, or an object dropped from above.

Cases for injuries caused by construction site accidents are usually very complex. Usually, there are many companies involved and it’s not always clear who is to blame for the cause of an accident and resulting injury. Responsibility may fall on a company that the injured worker does not even know about, such as the owner of the construction site, a sub-contractor, construction manager, materials supplier, or general contractor. Additionally, there are many different rules and regulations intended to guarantee a worker’s safety, which negligent parties sometimes use clever defense attorneys to try to wriggle out of.

Complicating the picture is Worker’s Compensation insurance, which every employer must have available to its workers. Whether you’re a mason or carpenter, electrician or laborer, iron worker or painter, you can not sue your employer if you’re injured. The injured worker can only receive Worker’s Compensation, which is guaranteed, but tends to pay a small amount of money for lost wages and other benefits and is usually limited in the amount of time that it will pay the hurt claimant. The only way around New York’s Worker’s Compensation law is to sue a person or company that is not the injured person’s employer – not a simple matter. This requires figuring out who did what, where, at the job site.

B. Some Law

One of the best known worker’s protection laws is New York’s Labor Law, section 240, which is intended to protect workers from height-related risks. That law states:

1. All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection of, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices, which shall be so constructed, placed and operated as to give proper protection to a person so employed.

So if an injured worker was engaged in “erection of, demolition, repairing, altering, painting, cleaning or pointing” and using “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices” he or she has “super-protection” under New York State law. But there are several loopholes, so an experienced accident or personal injury construction law lawyer is necessary in these cases.

For example, defenses commonly raised by insurance companies to Labor Law claims are a “sole proximate cause” and “recalcitrant worker.”

“Sole proximate cause” occurs when the worker sets up equipment incorrectly and may be found to be entirely responsible for the accident. As you can imagine, this can be very tricky stuff.

For example, in one case (Robinson v. East Medical Center), New York’s Court of Appeals addressed a defense to a Labor Law section 240 claim. The defendants claimed that the injured worker’s actions were the sole proximate cause of his injury. The injured worker was hurt while using a six-foot ladder – which he knew was too short to accomplish the task he needed to perform. And even though he knew that there were eight-foot ladders available at the job site, he stood on top of the six-foot ladder and fell. The work’s case was dismissed because it was found that he was the sole proximate cause of his injury.

“Recalcitrant worker” is when a worker uses equipment incorrectly. This usually is found where a worker ignores safety instructions or fails to utilize available safety equipment, when he or she should have known better.

A Labor Law section 240 claim was dismissed where the injured worker was provided with proper safety equipment and told how to use it safely, but was injured because he disregarded his supervisor’s instructions and misused the equipment. (Mayancela v. Almat Realty Development, LLC).

The effect of the defenses of “sole proximate cause” and “recalcitrant worker” is to chip away at the protections provided by law to New York workers.

C. Conclusion

If you’re hurt in an accident, consult a personal injury or accident attorney experienced in construction site and work-related injuries. Because of the complex issues and assortment of possible defendants, there must be a thorough investigation of the construction site, interviews of co-workers and witnesses, and, possibly, taking of photographs. This must be done fast, fast, fast – sometimes even while the injured worker is still in the hospital.