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Showing posts from June, 2020

What Should You Do When You Have a Workplace Accident?

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Workplace accidents may happen at any time. If an accident occurs and you develop an injury, your employer has to offer you compensation. However, you have a responsibility to follow the right steps in dealing with the problem. 3 Steps to Take After a Workplace Accident Report the Accident It’s essential to make a report immediately after an accident happens. You should inform your manager, supervisor, or employer and give him details of your accident and injuries. If you don’t discover any injury when making a report, let those in authority know as soon as you find a wound. Many companies have an accident book or report form where they record such cases. Ensure your superior records the details of your accident into the log. If your company doesn’t have an official record book, make a written report of your accident, send it to your employer, and keep a copy for yourself. For a serious situation where you can’t make a report, ask a co-worker to do so on you

What Jobs Aren't Covered by Workers’ Compensation?

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Workers’ compensation law requires employers to provide benefits for employees who sustain injuries during their work. However, there are certain types of jobs that are not eligible for workers’ compensation benefits. They include: Volunteers They don’t qualify for workers’ compensation benefits because they're technically not employees. They also don't receive salaries, although they may receive food or transportation allowances. Examples of volunteers are people who do charitable work for non-profit organizations. Some states cover volunteer firefighters and police officers in their workers’ compensation laws. Also, some organizations acquire workers’ comp benefits for their volunteers. Federal Employees Workers’ compensation is a state-run program, and it doesn't cover federal employees, such as postal workers. Federal workers receive coverage for work-related injuries and diseases under the Federal Employee's Compensation Act (FECA). In

The Basis of a Personal Injury Claim

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A personal injury claim may arise when a person suffers harm from an injury or accident due to another person's actions. This injury doesn't necessarily have to be bodily; it can also be emotional or mental. Also, it may not manifest immediately; it can be something that develops over time. To make a personal injury claim, you must prove that the defendant acted or failed to act in a certain way. If you get hit by someone after you beat a red light, you can't make claims against that person. A court can only award compensation on a specific basis. On What Basis Can I Make Claims for Personal Injury? Negligence A claim resulting from negligence means the other person is liable even though his act wasn't deliberate. If someone breaches a duty of care that they owe you, leading to an injury, you can make claims based on negligent behavior. For instance, anyone who's driving must exercise care towards others. They are to drive within specified

How Does Workers’ Compensation Benefits Offset Social Security Disability Payment?

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Some workers acquire injuries from their workplace that leads to a disability. In such cases, the workers may qualify to receive both workers’ compensation and Social Security Disability (SSD) benefits. Unfortunately, an "offset" may limit the total benefits obtainable from both programs.  An offset reduces the SSDI so that an eligible person receives not more than 80% of his average earnings before the injury. The rules of a workers’ compensation offset are complex, and they also vary by state. That's why you'll need to contact one of the best workers comp lawyers in Lancaster, PA . How Social Security Calculates the Offset The Social Security Administration (SSA) first determines the total amount of your combined benefits every month. This calculation is the "applicable limit," and it can be either of the following: ● 80% of your pre-injury income, your average current earnings, or ● the total SSDI that all members of your family r

Essential Questions to Ask Your Workers’ Comp Lawyer

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If you need compensation for a work injury, hiring an expert can make a difference in the outcome of your claims. Negotiating claims alone while recuperating from your injuries can be stressful. In the end, the insurer's offer may not be sufficient to take care of your injuries. If you've decided you need legal help, how do you choose from the best workers comp lawyers in Lancaster, PA ? Some attorneys offer a free initial consultation. You can use this opportunity to interview them so that you end up with the best. Here are some questions you should ask when interviewing. How Long Have You Been Practicing Workers’ Compensation Law? One vital information to know is how long your lawyer has been practicing as a workers’ compensation attorney. Workers’ compensation law is complex, and it varies in each state. Someone who has been practicing for a while will understand the intricacies of the profession. He'll also be familiar with insurance companies an

Do I Need Workers’ Compensation If I'm Self-Employed?

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Many state laws require employers to carry workers’ compensation insurance if they have at least one employee. If you're self-employed with no employees, workers’ compensation may not be compulsory for you. Purchasing one for yourself depends on your choice and the type of job you do. When Workers’ Compensation Insurance Makes Sense for Self-employed Individuals To Fulfil the Terms of a Contract Some organizations require independent contractors and freelancers to have workers’ insurance coverage before hiring them. It isn't against the law if they don't have coverage, but employers try to protect themselves from any liability. There are scenarios where a contractor sustains a work-related injury and tries to make claims from the company. If you're an independent contractor, having personal workers' compensation insurance can increase your chances of winning contracts. To Cover Medical Expenses Independent contractors, sole proprietors, a

Difference Between Personal Injury and Workers’ Compensation Claim

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If you get hurt while working, receiving compensation can cover medical bills and other expenses resulting from your injury. However, what kind of claims do you file? Is it a personal injury lawsuit or a workers’ compensation claim? An accident at work can warrant a suit for either personal injury or workers’ compensation. While attorneys in Lancaster PA , can help you make the right claim, it's essential to know these differences. Personal Injury VS Workers’ Compensation Claims Fault Requirement The most significant difference between personal injury and workers' compensation claims is the fault requirement. A personal injury lawsuit requires you to prove that someone is liable for your injuries. This claim is usually due to some form of negligence on their part. In contrast, a workers’ compensation claim has nothing to do with fault. You can receive workers’ compensation for any work-related injury without your employer contributing to the cause of t

Common Mistakes Personal Injury Clients Make

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No one anticipates getting involved in an accident or suffering a personal injury. It's therefore understandable that in the aftermath of a personal injury, some people feel confused. As a result, it's easy to make mistakes.  While some mistakes are harmless, others might jeopardize a victim's ability to get compensation. It's essential to know the common mistakes personal injury clients make so that you can avoid them. Failing to Keep Record of Evidence After a personal injury accident, it's vital to document every evidence, beginning from the scene of the accident. It would be best if you took numerous photographs of the scene and your injuries. If you can locate witnesses, speak to them, write down everything, and collect their contact information. When claiming compensation, you need to prove that someone else's negligence and not yours was the cause of the accident. Besides a police investigation, keeping a personal record of evid

Can I Go Back to Work While on Workers’ Compensation?

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While workers' compensation helps take care of different expenses, it doesn't make up for a full-time salary. Besides helping you earn more, returning to work may also help you feel better around supportive co-workers. If you're eager to go back to work after an injury, you must do so carefully. What Should I do? You should first consult a doctor to give you the go-ahead. He'll examine you to determine if you've reached maximum medical improvement (MMI), meaning your injuries have healed as much as they can. If yes, he'll clear you for work, and if not, he may tell you to stay back. Your doctor may also ask you to resume with specific work restrictions, even when you don't reach MMI. For instance, if your work entails heavy lifting, he'll give you limits that'll notify your employer to place you on lighter duties. Most times, you'll get a new job duty on lower pay. What If I Feel Better but Didn't Get Clearance? If y

Are Auto Accidents Covered by Workers’ Compensation?

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Generally, you can't receive compensation from your employer for a car accident. However, there are exceptions, and this is where the term "work-related" becomes relevant. Work-related car accidents imply that you got an injury while you were discharging your duties as an employee.  An accident that occurs when you're simply commuting to and from work may not qualify as an injury for workers’ compensation benefits. However, if you stopped on the way to pick up office supplies and an accident occurs, you can make claims. Here are some other car accident scenarios that can qualify you for workers’ compensation benefits. ● Making deliveries: If you're making deliveries for your company, whether it's part of your job description or not. ● Running errands : If your employer asks you to drop something off or do a coffee run for the office. ● Driving to another worksite : It can include commuting from one branch of the office to another or an of