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Showing posts from July, 2020

Workers Compensation Claims vs Non-subscribers Claims

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Workers compensation is a state-regulated program that ensures certain payments to employees who suffer work-related injuries. In a state like Texas, employers can choose to purchase workers comp insurance or not. Those who decide not to subscribe to workers compensation may provide non-subscriber plans as alternatives. How Non-subscribers Plan Differ from Workers Compensation Plan Both workers compensation and non-subscribers’ packages offer compensation for injured workers, but their benefit system is different. Workers comp covers explicitly, medical benefits and lost wages, and in return, employees lose their rights to sue their employers for negligence. The coverage of a non-subscribers’ plan is not state-managed; instead, it varies from one organization to another. Employers can decide how much they'll pay and for how long. However, employees can choose to sue the employer for personal injury damages, especially if the coverage isn't sufficient. What's

Will Workers Compensation Benefits Cover Secondary Injuries and Re-injuries?

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Sometimes a previous work injury can lead to a secondary problem. Other times, a re-injury, independent of the old damages, can occur after completing a workers compensation plan. In both situations, the employee may be eligible for a new or renewed workers compensation benefit. These cases can be complicated since no employer wants to keep paying benefits for injuries. The insurer and the legal team will find reasons to deny your claim. However, a Lancaster workers compensation attorney can fight for your best interest. When a Secondary Injury and Re-injury is Eligible for Workers Compensation For a secondary injury to be eligible for workers comp benefits, you must prove that it was a result of your old wounds. It could go both ways: ● The new injuries were worse only because of the old one. ● The old injury was the direct cause of the new one. You can also file a claim for an off-the-job re-injury as long as it was a consequence of your first injury. An example of a

What to Expect at Your Workers Compensation Hearing

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A workers compensation case can end through two methods; a settlement or a court hearing. For instance, if your employer denies your claim or fails to reach an agreement, your case will likely end in court. Although a court trial is more complicated with lengthy proceedings, it might be the only solution for some workers compensation cases. At a court hearing, you'll need to convince the judge that you deserve a particular benefit. Most injured workers prefer to consult with top workers compensation lawyers in Lancaster, PA , to prepare for the hearing adequately. Since most attorneys charge on a contingency basis, you'll be able to afford the fees. Preparing Yourself for the Hearing Preparation is vital in a court hearing. It helps you avoid surprises that may throw you off balance and make you uncomfortable in front of a judge. Before the trial, meet with your lawyer to help you prepare on how to testify. Your lawyer will teach you some basic rules about answering

What Is the Average Amount for a Personal Injury Settlement?

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When a personal injury accident occurs, victims naturally want to know how much they can claim. Some ask questions like "what's the average personal injury settlement?" to get a benchmark for filing a claim. Truthfully, there's no "average" settlement for a personal injury accident, and what a victim receives depends on several factors. Some surveys and online articles may give you figures for an average settlement. However, they're not a good determinant of what you should file or what you'll receive. Since every accident differs, the value of each settlement will vary from the so-called average amount. In fact, if someone receives $500,000 for a similar accident as yours, you may not get that exact amount. Such is the difference in each personal injury case. The best person to help you calculate a range of possible values is a personal injury lawyer Lancaster PA . Factors Determining the Value of a Settlement Nature of Damages In calc

The Types of Workers Compensation Benefits

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Pennsylvania workers compensation law spells out the benefits you'll receive when you experience a work-related injury. However, if you're not aware of the different types of compensation available to you, it can affect your claims. To get a good result, injured employees prefer to hire top workers compensation attorneys in Lancaster PA . A lawyer can analyze your case and explain in detail the kind of benefits you can receive. Let's consider the types of workers comp benefits available in Pennsylvania. Medical Coverage Workers compensation will cover medical treatments that are reasonable and necessary for your injuries. Reasonable medical costs include doctor's appointments, surgeries, prescriptions that are related to your treatment. Wage Loss Benefits Workers comp pays a portion of your lost income if you're unable to work due to a disability. This benefit depends on the injury's severity, and the time it'll take to heal. Pennsylvania cl

Resolving Workers Compensation Cases Through Mediation

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Under perfect circumstances, workers compensation issues will resolve without disputes and delays. In reality, an injured employee may reject an employer's offer, or an employer may dispute the validity of an employee's claims. If the case goes before a judge, both parties will have an opportunity to go for mediation. Mediation is a settlement meeting between an employee and an employer (or it's insurance company) to resolve the dispute. This conference takes place in the presence of a neutral facilitator, otherwise called a mediator. The primary judge over a case will usually appoint another workers compensation judge to preside over the mediation. It's the mediator's job to listen to both parties and help them reach a solution. He doesn't rule or make decisions for any party. Types of Mediation in Pennsylvania Mandatory Mediation When a party files a petition with the workers compensation office of adjudication, a hearing will first occur. Durin

Personal Injury Lawsuits: Subpoenaing a Witness

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When you have a personal injury lawsuit, it's up to you to provide evidence that'll help your case. You can use photographs, videos, or an expert's assessment of the scene as evidence. But sometimes, there may be no video evidence or victims may forget to take pictures amid the chaos. One good way to prove that the other party is liable is to use a witness' testimony. The chance of someone witnessing the accident is high, and only in a few cases does accidents happen without a witness present. However, what happens when your witness refuses to testify in court? It's understandable. No one wants to show up in a court for a stranger they'll gain nothing from in the end. Your best option to get a witness to respond is to subpoena him or her. What is a Subpoena? A subpoena is a tool for compelling information from a witness. A third party to a lawsuit typically receives it as a court-ordered document, requesting him to appear and testify in court.

Are Occupational Diseases Covered by Worker’s Compensation?

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Though most work-related injuries are from accidents, some also arise from occupational diseases. A worker’s compensation insurance plan will provide similar coverage for occupational diseases as it does for workplace accidents. What Are Occupational Diseases? Occupational diseases or illnesses are chronic disorders resulting from the activities or environmental conditions in the workplace. In other words, they’re not ordinary diseases of life that people get outside work. Occupational illnesses usually develop over time and are a result of prolonged exposure to toxins in the workplace. In its occupational disease act, the state of Pennsylvania lists 16 specific conditions that qualify as occupational diseases. Some include: ● Poisoning by arsenic, beryllium, lead, manganese, mercury, phosphorus, and their preparation or compounds in any occupation involving direct contact or exposure. ● Compressed air illness (Caisson disease) resulting from any work carried on in co