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Are You Eligible For Workers’ Compensation If You’re Injured While Incarcerated?

Posted by on Nov 27, 2015 in Uncategorized |

Jail and prisons sometimes provide inmates with opportunities to make money by performing work at the facilities or in the community as part of work-release programs. If you are injured while working for the private or state facility, are you eligible to receive workers’ compensation benefits? It depends on the circumstances of the injury, the state where you live, and the terms of employment. Not All Injuries Are Covered For the most part, inmates generally enjoy the same benefits as other employees who are injured on the job. They can receive benefits for injuries that they suffered while performing work for the jail or prison whether or not they are at fault for the accident. However, there are a few instances in which they cannot recover compensation: The person intentionally injured him or herself The person was hurt as the result of an assault the individual initiated The injury was the result of horseplay (this only holds true if the employer prohibited horseplay and actively discouraged behavior in this area; otherwise, the person may still be able to get money for the injury) Terms Of Employment Only people who are recognized as being employed by the jail or prison are eligible for workers’ compensation benefits. This generally means the facility must pay you a wage and direct your activities. Volunteers are not covered by workers’ compensation. Employers are also not required to cover independent contractors. This only comes into play, however, if you are actually doing work for a third party. For instance, if the prison or jail contracts its laundry service to another company but that company hires inmates to perform the work, then the jail facility would not be liable for paying workers’ comp benefits to you, since technically you are an independent contractor. That responsibility would actually fall on the third-party company who hired you. Workers’ compensation in your state may have additional requirements for coverage. For instance, one prisoner was denied coverage because the county he worked for didn’t have a contract that allowed the government to hire the person. It’s best to research the requirements in your area to ensure that your circumstances are covered. State Prohibitions While the majority of states allow prisoners to file workers’ compensation claims, many of them prohibit incarcerated persons from collecting the benefits while they are in jail. In many cases, you’ll have to wait until you are released before you can collect any money that you’re owed. For instance, the Bureau of Workers’ Compensation in Ohio won’t even attempt to settle a claim if the person is incarcerated. Making a jail or prison facility pay you for your injury if you’re hurt while working there can be challenging. It’s best to have your case handled by a workers’ compensation attorney to ensure that your rights are protected and to negotiate a fair payment for your injuries. For more information, check out the website at...

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Trucking Accident Personal Injury Cases: Q & A

Posted by on Nov 10, 2015 in Uncategorized |

The average weight of a mid-size car is 3,497 pounds. However, the typical weight of an 18-wheeler truck is about 80,000 pounds. Due to the vast difference in poundage, a trucking accident that involves a car and a large truck can be catastrophic for the people in the smaller vehicle. Victims can suffer serious, debilitating injuries or even death. If you or a loved one has been involved in a trucking accident, you may have questions about personal injury cases in which large 18-wheeler trucks are involved. Here are a few questions and answers about personal injury cases that are due to a truck accident: What types of serious physical injuries are typically involved in a trucking accident? Here are a few injuries that victims of trucking accidents may incur: Brain injuries Neck and back injuries Spinal injuries Burns Bone fractures Disfiguring scars What damages are usually compensated in a truck accident case? There are three categories of damages that are usually awarded in a personal injury case involving commercial trucks: Special Damages Special damages involve the expenses that are directly related to the accident, such as medical costs, lost wages and property repair or replacement. General General damages are not directly related to an expense. Instead, they involve retribution for things such as pain and suffering, emotional trauma and detrimental effects on your quality of life. Punitive Punitive damages are awarded as a punishment for the offending party’s gross negligence or malicious behavior. In a trucking accident, punitive damages may be sought if the defendant showed willful misconduct in the accident or obvious indifference to the victims.  Can compensation for a wrongful death be sought? If you have lost someone you love due to a trucking accident, you may be entitled to full compensation for an estimated value of your loved one’s life. No amount of money can repay you for your loss. However, seeking compensation can help discourage a similar trucking accident from happening to another person. How large is the typical upfront payment for legal fees? Most personal injury lawyers assume a trucking accident case based on contingency. As payment for their legal representation, they receive a percentage of your awarded compensation. Thus, they only receive reimbursement if you do, and no upfront payment is required. If you or someone you love has been injured in a trucking accident, contact a personal injury lawyer in your area today for a consultation. Consultations are usually free, and the attorney will be able to advise you of the validity of your case. For professional legal help, contact a law firm such as Barton Smith & Barton...

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Skipping Medical Appointments Can Hurt Your Injury Settlement Negotiations

Posted by on Oct 23, 2015 in Uncategorized |

Negotiating with an insurance company for a higher settlement after a car accident can be tricky. One important factor that strongly influences these negotiations is whether or not you go to all your medical appointments and complete prescribed therapy. People often start out with the best of intentions but later succumb to various reasons not to go. That harms their chances of acquiring better compensation from the insurance company. Even if you hire a car accident lawyer at some point during the process, the attorney will have a difficult time acquiring a better settlement if you have skipped several medical appointments or stopped going altogether. The insurer will probably conclude your injury isn’t as serious as you originally claimed.  Consider the typical reasons people have for avoiding medical appointments and make sure you overcome similar temptations.  Time-Consuming Nature of Therapy Certain types of therapy, such as physical therapy and chiropractic treatment, may require numerous sessions over weeks or months. Those sessions may be scheduled weekly or even more frequently. You may find this to be a hassle and don’t feel like you have time for all those appointments. However, if there are gaps in your treatment because you miss appointments, your efforts — or your lawyer’s efforts — to prove you deserve better compensation will be undermined. Your proof of injury is established not only by diagnostics but by your adhering to a treatment regimen prescribed by your health care practitioners.  Therapy’s Apparent Ineffectiveness Similar to the complaint about therapy being time-consuming is the concern that the therapy isn’t working — and thus is a waste of time. Keep in mind that treatments such as physical therapy and chiropractic care may require several appointments before noteworthy progress is experienced.  If you truly feel that you’re not experiencing any improvement, consult your doctor instead of just giving up. This way, you’ll have medical records documenting your concerns and the physician’s response.   Lack of Transportation Your vehicle may have been totaled in the accident or you may not be able to drive due to your injury. That doesn’t mean you can avoid going to medical appointments. You need to find a way to get there, whether that involves getting help from friends and family, taking a cab or using a transportation service for disabled individuals. Disagreement With Treatment Recommendations You may be skeptical of complementary therapies such as chiropractic care or massage therapy, even if a medical doctor recommends this treatment. That can lead you to cancel appointments or not even start the therapy.  Contact a car accident lawyer for a free consultation if you have questions about these factors and to learn whether you have a good case for a higher...

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Faqs Of Personal Injury Settlements

Posted by on Oct 9, 2015 in Uncategorized |

The settlement process can be time-consuming and exhausting. One way to get through the process is to know what to expect. To better help you understand the process so that you can properly prepare for negotiations, here is what you need to know about settlements. What Is the Average Settlement Amount? Contrary to popular belief, there is no average amount for a settlement. Each case is different and there are various factors that are used to determine how each case is valued. Even though two people might have similar injuries, it is possible that two different settlement amounts could be offered. For instance, liability could influence how much is offered. If two people have similar injuries from a car accident and one of the drivers shares some responsibility for the accident, it is possible the blameless driver might receive more in settlement. The insurance company might feel that the partially liable driver should also share some of the responsibility for the resulting injuries and damages. What Can You Do to Improve Your Settlement Amount? One way you can ensure a fair settlement is to not accept the first offer you receive right away. The first offer from insurance adjusters is typically lower than the amount deserved. Carefully consider the offer and compare it to what you believe to be a fair offer. If it seems unfair, do not accept it. You should instead contact the insurance adjuster and ask that he or she offer an explanation for the low offer. You can use the information gathered to tailor your response to the adjuster. For instance, if he or she stated that your injuries were not that serious, you can counter with medical records that prove otherwise and a counteroffer for what you are willing to accept. You also need to focus on any emotional points that you have that work to your advantage. If you have a photo showing the extent of your injuries, include a copy with your counteroffer. The photo could be the motivation needed to push for a fairer settlement. The adjuster knows that a picture could potentially sway a jury and wants to keep the case out of court. Consider consulting with a personal injury lawyer if you have not yet. He or she can help with developing a more detailed strategy to garner a fair settlement. For more information, talk to an experienced personal injury...

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4 Things To Remember When Hiring And Managing Your New Employees

Posted by on Sep 21, 2015 in Uncategorized |

When your small business is finally able to take on employees, you may not realize that you need to keep some things in mind to legally protect yourself and your business. Keep the following things in mind when you hire and manage new employees. Avoid Illegal Questions When you are interviewing people for different positions, you will want to know some things about them and whether they would fit in at your company. However, it is vital that you know what can and cannot be asked. In fact, some questions are even illegal. For example, you are not allowed to ask about someone’s religion or marital status. To make sure there are no problems, only ask questions that relate to someone’s ability to do the job they have applied for.  Have Workplace Rules Many small businesses hiring new employees don’t take the time to put a workplace policy in place, and that can lead to conflicts and disputes. To make sure that your employees know what is expected of them, create a list of guidelines and rules regarding vacation time, sick days and other issues that might come up. It is also a good idea to detail how disciplinary actions will unfold. By giving your workers written rules, you can avoid any misunderstanding about what is allowed in your company. You may want to ask that new employees sign a letter that verifies they are fully aware of any workplace policies and understand them. Seek Training for Harassment and Discrimination Issues If you or any of your managers discriminate against or harass your new employees, your small business could be sued. Therefore, it is critical that you and your managers remain aware of relevant laws and know what can be said to employees. Seeking training for these issues can help your company to be a better place for all who work there. Talk to your managers about ensuring that any new employees do not violate harassment and discrimination laws as well. Don’t Fire Anyone without Talking to an Attorney Before you fire someone, talk to an employment attorney. Consulting a lawyer can make you more confident that you are terminating someone’s employment properly so you can avoid a lawsuit or other problems. Your attorney can even draft a letter for you that you can use for all firings in the future. Now that you know a bit more about how to protect yourself and your business when you hire new employees for your small business, use the information here to help you take the right actions. Be sure to work closely with an employment lawyer so that you can act appropriately with your employees. Contact a local employment attorney such as Timothy P O’Brien for more information and...

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Why You May Want To Hire A Social Security Disability Lawyer

Posted by on Sep 1, 2015 in Uncategorized |

If you have decided that you are ready to file a claim for social security disability, you may want to consider getting a little help. This is best done by hiring a social security disability lawyer. Sure, you will have to pay a fee should you win your case, but many people find that the benefits of having someone with legal expertise on their side to far outweigh the cost. Take a moment to review the following reasons why hiring a social security disability lawyer may be the best move you make. Can Help You With The Questionnaire After submitting your initial application, you will be sent a long questionnaire that needs to be filled out and returned as quickly as possible. After all, your social security representative will not be able to move forward with the processing of your claim until you have successfully submitted this. The thing is though, many people find this extra large packets of questions to be rather intimidating. Not only that, but it can be confusing for some people as it may appear as though a single question can be asked in a few different ways throughout the questionnaire. While your lawyer will not give you the answers, as they are personal according to how you feel, he or she can help make sure that you are wording everything in a clear way.  Can Help Gather Your Medical Records It is important to make sure that the social security office is receiving all of your medical records from every primary doctor, specialist, therapist, and hospital that you have been seen at for the disability that you are suffering with. If everything is not received by a deadline set forth by the social security administration, your claim can be denied and you will have to start all over again. Therefore, even if your social security representative is taking down the name and numbers for the various doctors and hospitals that you have seen, you might need to take it a step further. Your lawyer can make calls, send faxes, and mail letters requesting the release of our medical records. This is usually enough to get the job done and it does not take any of your own personal time. Can Be Ready To File A Timely Appeal No matter how good of a case you have, there is always the chance that your claim will be denied. If this happens, you need to make sure that an appeal is being filed right away. After all, the longer you wait to file that appeal, the longer you are going without the financial and medical assistance that you need. Another thing to remember is that there is a time limit for appeals. Your lawyer will make sure that everything is filed well before that time limit is up so that you will not have to start the entire process over from scratch. With the previously mentioned points in mind, you should have no problem deciding whether you want to go ahead and hire a social security disability lawyer like Horn & Kelley, PC Attorneys at Law to help with your...

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Convicted Of A Crime In The U.S., But You Want To Visit Canada? 2 Options For Legal Entry

Posted by on Aug 12, 2015 in Uncategorized |

Taking a trip north of the U.S. border can be exciting. Unfortunately, many people soon realize that crimes they have been convicted of in the United States could prevent them from legally entering Canada on vacation. If you are planning to visit Canada in the near future, but you are worried that your criminal record could stand in the way, it can be beneficial to retain the services of an immigration attorney. Here are two options for entry that an immigration attorney can help you obtain prior to your Canadian vacation. 1. Temporary Resident Permit In order to protect its citizens, the Canadian government has established a list of reasons for which an individual might be inadmissible into the country. Some of these reasons include security threats like a history of espionage or membership in a terrorist organization; and some reasons are due to previously convictions for crimes like shoplifting or DUI. Working with an immigration attorney to apply for a Temporary Resident Permit (TRP) allows you to petition the Canadian government for authorization to enter the country when you would not otherwise be eligible. Be sure that you start the application process well in advance of your trip, since the average processing time for applications submitted through the Los Angeles visa office is 28 days. 2. Criminal Rehabilitation Having the help of an immigration attorney can be beneficial when attempting to apply for criminal rehabilitation. Since the Canadian government evaluates American criminal records based on the comparable Canadian statute, it’s important that you have an attorney who knows the Canadian legal system well enough to identify the statute that applies to your crime. If the maximum amount of time you could be charged for committing your crime in Canada is less than 10 years, the government considers you automatically rehabilitated 10 years from the date of your conviction. You can apply for criminal rehabilitation as early as 5 years from your conviction date. If your crime would have been punishable by more than 10 years if committed in Canada, you will not be able to apply for criminal rehabilitation as a means of entering Canada for your vacation. Hiring an immigration attorney, like David Borts Law Office, to help you gain legal entry into Canada if you have a criminal record can be beneficial. These professionals will be able to determine if applying for a TRP or criminal rehabilitation will be most beneficial in helping you take a Canadian vacation in the...

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Common Reasons for SSDI Denial and What You Can Do

Posted by on Jul 29, 2015 in Uncategorized |

In the period of 2001 to 2010, an average of 28 percent of all the applications for Social Security disability benefits were accepted. Unfortunately for the remaining 72 percent who were denied, only an average of three percent of those who file for an appeal were actually approved. To help increase the odds that you are among those who receive benefits, it is important to understand why your application was denied and what you can do to change the outcome. Incarceration Status One possible reason the Social Security Administration, or SSA, can deny benefits to you is that you were incarcerated at the time that you filed your application. Even if you filed your application in anticipation of being released by the time it is reviewed, you can still be denied. However, if you are now out of prison, you can re-file for benefits.  An application for benefits is usually not denied because you have a felony conviction. As long as your injury was not the result of a felony act, you can file an appeal and possibly have your denial overturned.  In the event that you were injured in prison or you are not expected to be released for a period of time, you should still apply for benefits. When you apply, your earnings record is frozen. When you do apply for retirement benefits in the future, the low or no earning period you experience due to not being able to work will not impact your eligibility for benefits.  Length of Disability One requirement you have to meet to receive disability benefits is that you have to prove that you cannot work for at least one consecutive year. If you cannot prove this, the SSA can deny your application. The SSA will evaluate a range of documentation, including your medical records, to determine if your disability meets the length requirement.  If the agency denied you for this reason, you have the responsibility to prove the SSA wrong. One way is to ask for a medical evaluation. During your evaluation, a doctor chosen by the SSA will evaluate your medical condition. Be truthful during the evaluation to avoid delays to your case. You can also ask your doctor to write a statement stating that your condition is expected to occur for at least one year.  Regardless of the reason for your denial, your chances of having the denial overturned are improved with legal help. A social security attorney experienced in disability appeals can help you shape your response to the denial and file the documentation needed on your...

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3 Common Reasons Second Marriages Fail

Posted by on Jul 15, 2015 in Uncategorized |

If you are getting ready to enter into your second marriage, it’s important for you to realize that 67% of second marriages fail. The rates for third marriages are even higher than this, but why? While you may end up with an extremely successful second or third marriage, it’s important to understand the causes of most divorces in second marriages. By knowing these, you might be able to prevent a divorce after you tie the knot. Here are three common causes to be aware of. Rebound Marriage Some people are so miserable in their first marriages that they want to instantly get married after getting divorced. These individuals may immediately meet someone new and fall head over heels in love. Because they are so happy compared to how they were prior to meeting these individuals, they may rush right into marriage. While these situations can lead to good marriages in some cases, in other cases the marriages end up failing. This is often because these individuals overlook the other person’s faults, problems, and issues. After a couple months or years of marriage, they may realize that they made a big mistake. Children Or Lack Of Common Children Another reason second marriages fail involve kids. If you have children when you enter the second marriage, your kids might pose problems to your marriage. You and your new spouse may have different styles of parenting, and you may not like how your new spouse treats your kids. This can lead to major conflicts with you and your new spouse, and it could become so bad that you cannot take anymore. A lot of second marriages occur later in life, which means that the couples do not always have children together. Without having common children, it is so much easier for a couple to split up when things get rough in the marriage. With common kids, couples will often work harder to preserve the marriage for the sake of the children. High Expectations A third reason second marriages fail is due to high expectations. If you were miserable in your first marriage, you may have a completely different set of expectations for your second marriage. If your spouse doesn’t meet these expectations, you may be more miserable in your second marriage than you were in your first. Before you rush into a second or third marriage, make sure you know who you are marrying and the common issues found in second marriages. By doing this, you could be able to avoid a divorce in the future. For more information, contact a professional like those at Albert & Slater...

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Arrested For Allegedly Driving While Intoxicated? Know Your Possible Defenses

Posted by on Jun 26, 2015 in Uncategorized |

If you have been accused and arrested for a DWI, you will be potentially facing some major penalties if convicted. The consequences are far more than only having your license suspended, because you could receive jail time or large fines as well. When you find yourself being accused of a DWI, you should hire a legal team that can help you with one of the following defenses. You Were Not Driving The Vehicle A police officer has the right to arrest you if they believe you are going to be a danger to someone else’s safety, which includes potential drunk driving. Your arrest may have occurred while you were inside your car that was parked at the time, and not actually driving it. In this situation, you have a viable defense to the DWI charges. This defense will not help if you were actually driving while intoxicated and pulled over to the side of the road. If your car was idling at the time, you will have an even harder time proving that you did not have the intention to drive. There Were Issues With How You Were Arrested The circumstances that surrounded the arrest could play a vital role in your DWI defense. One reason is not being told your Miranda rights. It’s a classic situation that you may have seen in movies, and can be an actual defense if they were not read to you or were read incorrectly. You can also claim that the officer did not have probable cause when pulling you over. For example, if you were not speeding or driving erratically, you could question the officer’s reasons for pulling you over. These two defenses may not provide the best defense on their own, but they can further add to your case if arrest issues were one of several problems relating to your inaccurate accusation of drunk driving. You Can Prove You Weren’t Drunk When Arrested The arresting officer most likely had you take a blood alcohol level test or a field sobriety test when pulled over. If they opted for the latter, there is a possibility that you failed the test while not under the influence of alcohol. For example, you may have failed the test because of a physical impairment or illness. If you are able to get a note from your doctor proving your condition at the time, it can lead to the DWI charges being dropped. You may be charged with reckless driving instead, but the punishment will not be nearly as bad as if you were convicted of a DWI. Your DWI attorney can help you further explore your defense...

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Going To Trial For Your Personal Injury Case

Posted by on Jun 12, 2015 in Uncategorized |

If you have been injured due to another person’s negligence, you may have already retained an attorney to protect your rights. There is always hope that the opposing side will offer you a fair settlement for your injuries, but, at some point, going to court may become inevitable. At this stage in the process of your claim, the stakes are much higher. Your lawyer is no doubt ready and quite able to represent you in court, but you will need to take a major part in the trial as well. Read on for tips on appearing in court for your personal injury claim. 1.  If you have been keeping a journal since your accident, you will now make good use of it in court. While not admissible as evidence, your writings will serve as reminders of the facts surrounding your claim. Re-read your entries and familiarize yourself with the facts. Having in-depth knowledge of your case will allow you to give a calm and factual accounting of your accident in court. 2.  Your attorney will use the facts of the case to help you to prepare for being interrogated on the stand. Most experienced attorneys will be able to predict the questions you will be asked, and your legal team will help you to practice giving answers to those questions. Remember to answer only what is asked; never volunteer information or ramble when you answer. 3.  Make sure you brush up on proper courtroom etiquette and practices: Do not wear head wear of any type, with the exception of that which is worn for religious reasons. This includes sunglasses on your head. Dress neatly and be properly groomed. Sit up straight and look the judge directly in the eye. Address the judge as “your honor” only. Turn off your cell phone. Stand to answer when the judge addresses you. 4.  Be prepared for tactics from the opposing side in an attempt to throw you off or rattle you into misspeaking. You may have been under surveillance at some point and this footage may now be shown in court. In addition, your medical, financial and other personal records may be presented as evidence in open court, so be prepared to face that possibility. With plenty of advance preparation, you can have a successful experience in court and be victorious in your personal injury claim. Your personal injury attorney will guide you thorough every step to ensure success and this stressful experience will soon be far behind you. To find a local injury lawyer, do a search for injury attorney kernersville...

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