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Avoid These Mistakes When Reporting A Work Related Injury

Posted by on Jul 27, 2016 in Uncategorized |

If you have been injured at your place of work, the actions that you take in the first couple of days will determine how smoothly or how roughly the rest of the claim process will go. Make sure you avoid the following five mistakes. Not Reporting the Injury to Your Employer Some people are hesitant to report workplace injuries because they might be embarrassed, they don’t think they have a serious injury, or they think they may get terminated. Not reporting your injury is going to create more of a problem for you in the long run if it gets worse or doesn’t improve. The biggest problem is going to be the fact that you will have trouble proving the reason you are injured now is from an accident that happened several weeks and/or months in the past. Report injuries as soon as they happen. Not Reporting the Injury in Writing You need to report the incident in writing and provide copies to both your employer, as well as the company’s human resources department. You also want to make copies for yourself to have for your records. If you just verbally tell your employer about the accident, there is no proof that you did so. Not Getting Medical Attention Right Away After you have been injured at work, it is important that you seek medical attention as quickly as possible. This is because the details of how the accident happened are still fresh in your mind. You may have a tough time convincing the insurance company that your injury is serious if you want to see a doctor later on. Not Accurately Describing Your Injuries to the Doctor Whether or not you are compensated, and the amount of your compensation, will mainly be determined by the injury report, as well as your medical evaluation and records. If you don’t tell the doctor exactly what happened, how it happened, what injuries you sustained and any symptoms you may be experiencing, then they can’t accurately do their job, which is to help you recover as quickly as possible. Not Following Doctor’s Orders When you sustain an injury at work, the ultimate goal is to ensure that you recover from the injury in a timely manner so that you can return to work. However, if your doctor notices that you are not adhering to the orders that they have put in place, they will relay this information to the workers’ compensation department and you may end up losing the ability to collect benefits. It is important that you attend all follow-up doctor appointments and that you follow any instructions given to you by your doctor. When filing a claim for workers’ compensation, avoiding mistakes will help to ensure that the process goes as smoothly as possible so you can get the compensation you need to take care of yourself and your family. For help making sure everything gets done correctly, speak with a law firm such as McKone &...

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Think Your Will Protects Your Estate? 4 Reasons Why You Should Switch To A Trust

Posted by on Jul 7, 2016 in Uncategorized |

If you have a legally documented will, your family is completely protected if you should pass away. Right? Not necessarily. While a will does document how you want your assets divided, it doesn’t provide the best protection for you or your loved ones. That’s where a trust comes in. A trust does everything a will does – divides your assets, ensures your wishes are carried out – but it goes beyond the will to provide additional protection. Here are four reasons why you should have a trust instead of a will. No Lengthy Probate Every will must go through a process known as probate. During the probate process, all of the assets from the estate are placed on lock-down by the courts, which means nothing from the estate may be accessed. Once the probate process is completed, the assets are released and divided according to the will. Unfortunately, the probate process can be quite lengthy, especially if disputes arise. If you have a trust, nothing included in the trust can become part of the probate process. That means your loved ones will have access to your estate much quicker. No Public Court Hearings During the probate process, there will be court hearings. Those hearings will be open to the public, which means that anyone interested in the proceedings will know everything about your estate. If you want to keep the information regarding your estate private, you need to have a trust instead of a will. With a trust, only a select few people will know what your trust contains. Those people will include: You Your attorney The trustee Your beneficiaries Assets are Protected While your will is in probate, creditors will have the option to come forward and request payment out of your assets. Those creditors will be paid before your loved ones receive anything from your estate. If you have a lengthy list of creditors, your loved ones could be left with nothing once the debts are paid. With a trust, your loved ones are protected against the creditors who may come forward. That means, your loved ones will receive exactly what you intended for them. You Control the Distribution If your assets are going to be divided among your children, you might want to control the manner in which they receive their inheritance. With a trust, you can determine exactly when and how they can access their inheritance. For instance, you may want to stipulate that they must graduate from college or get married before accessing their estate. A trust will afford you greater control over your estate. If you only have a will, you need to speak to an estate attorney about transferring your estate into a trust. A trust will provide you and your loved ones with greater...

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3 Things To Know About Giving Assets To Your Children As You Age

Posted by on Jun 6, 2016 in Uncategorized |

One suggestion many wills and trusts lawyers tell people is to begin giving away assets as they age. If you are in your 60s and have a lot of net worth, giving assets to your children at this point could offer benefits. These benefits are not only good for your children, but they can also be good for tax purposes and money savings. Here are several things to know about this. There are limits The first thing to understand about this is that you can only give away a certain amount to each child per year and in all. For 2016, you are able to give each person up to $28,000 in cash or assets without having to pay taxes on the gift. If you stick within this limit, neither you nor your children will incur any tax liability on the gift. The limits change each year and are set forth by the Internal Revenue Service (IRS), and a lawyer can help you better understand them. The purpose of doing this There are several reasons to give your children assets before you die. The first reason is to simplify the process of dividing your estate after you die. If you do not do this, it can take time for a lawyer and court to work through your estate. This means it may take time for your assets to be properly transferred to each of your children. Another good reason people do this is for protection. If you end up with a serious illness or need help taking care of yourself, you might end up in a nursing home at some point in your life. If you have a lot of cash and assets, the money will be used to pay for your nursing home care, and this could leave your children with nothing. There are time frames One of the main things your lawyer will help you with is knowing when the right time to do this is. If you do this too soon, you may be afraid your children will squander away the things you give them. If you wait too long, the assets you give away might cause problems with your nursing home coverage. Medicare is a type of insurance that will cover nursing home care if you do not have a lot of cash to use; however, there is a lookback period. This means that if you give away assets right before going to a nursing home, it may appear that you are attempting fraud. Because of this, Medicare might not offer coverage immediately for your care. If giving away assets prior to your death is something you are interested in doing, you should talk to a lawyer that specializes in wills and trusts. He or she can give you the best advice for your situation. Contact a firm like Donald B Linsky & Associate Pa for more...

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3 Characteristics Of A Great Worker’s Comp Attorney

Posted by on Jun 6, 2016 in Uncategorized |

If you were recently injured while on the job, one of the first things you should do is look into getting worker’s compensation while you are out of work. While you can navigate the system by yourself, you may find that it is an uphill battle. In many cases, these claims are not honored, whether it is due to a lack of evidence, turning in your documentation late, or any other detail that you may have missed. This is why securing a worker’s compensation attorney is beneficial. It is also important to remember that there are some attorneys who are only willing to do the bare minimum to get you a settlement, when there is often significant legwork required to get a fair amount of money.  It can be overwhelming when considering which attorney is best for your case. The following are some characteristics of a good worker’s compensation attorney to help you make your decision: Someone Who Will Make Every Effort To Secure Evidence Evidence of your injury is paramount to winning a worker’s compensation case, so you need an attorney who will go the extra mile to help uncover the evidence to support your claim. Much of the required evidence is medical since the claim is based on an injury. Your attorneyshould be able to develop a plan that includes gather every bit of evidence to help you win your case. This includes but is not limited to medical records, deposition from physicians, as well getting second and third medical opinions from doctors outside of those provided by the company. Your attorney should have good relationships with the medical professionals in your area and will help you set up appointments with them in order to help develop a solid line of evidence. Someone Who Is Well Versed In Settlement Numbers Worker’s compensation attorneys work to get their clients a fair and reasonable settlement, so the person you choose should have the ability to negotiate settlement numbers. A seasoned attorney will have knowledge of what different types of injuries sustained on the job are worth when it comes to compensation. They will know what considerations to factor in when negotiating a settlement, which includes permanent disability due to the injury, your medical costs, how long you will be out of work, and the need for future medical treatment. He or she will also have experience when it comes to insurance. A company insurer will attempt to offer the lowest amount of money to quickly settle the claim. You should choose an attorney who will engage with the insurance company and negotiate a more reasonable settlement. Someone Who Is Willing To Be With You At A Hearing If the company insurer will not negotiate a fair settlement offer, your attorney should be willing to appear with you at a worker’s compensation hearing. This process will take place in front of a judge where your attorney should present a case for you. He or she will provide all the gathered evidence, call in witnesses, and will argue on your behalf. Attorneys are not required to attend hearings, so you need to ask potential attorneys if they will be willing to do this for you. If the judge sides with the insurer, your attorney should work with you in filing an...

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Preparing For Your Initial Meeting With A Bankruptcy Attorney

Posted by on May 17, 2016 in Uncategorized |

When you make the decision to file for bankruptcy, you have likely found yourself in an emergency financial situation. Getting the process initiated as quickly as possible is important. Did you know that your ability to provide accurate information plays a pivotal role when it comes to just how swiftly your case progresses in bankruptcy law? Make certain you are properly prepared for your first meeting with your bankruptcy attorney. Collecting Financial Documents Gather important financial documents before your meeting, including pay stubs, bank statements, asset listings and current expenses. An inability to pay debts doesn’t automatically qualify you for bankruptcy. The circumstances in which you amassed the debt and the types of debts are also important factors. When you bring this information to your initial meeting, the attorney will quickly be able to determine if you have a chance of success. Even if you aren’t eligible for bankruptcy, the attorney can still work with you to devise a plan for paying off your debts. Either way, providing this information can get the ball rolling. Being An Open Book For most people, finances are a taboo subject. However, you’re going to have to allow your attorney to go deep into an area that you might not be very comfortable talking about. If you’re not prepared to be an open book, your attorney won’t just fail to get the information they need, but if you give inaccurate information, it can seriously jeopardize your case in the future. Even if it’s something you don’t want to admit to, such as spending feverishly, this is information that your attorney needs to know so that your case can be prepared accordingly. Be prepared to put everything on the table. Changing Bad Habits An attorney is only as good as their client. If your attorney is fighting on your behalf, but you’re still engaging in bad spending habits – you are only making matters worse. At your initial meeting, be ready to make a commitment to cease any bad financial habits that may have played a role in your current situation. Take someone that excessively uses their credit card, for instance. This type of individual would need to commit to stop using their card as it will be difficult for an attorney to explain their financial situation if they’re only accumulating more debt. For many people, bankruptcy is a path away from a financial catastrophe. The more effort you put into the process, the better the outcome, so make sure you are prepared from the very...

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Filing For Bankruptcy Doesn’t Rid You Of All Debt

Posted by on May 2, 2016 in Uncategorized |

If you are looking at filing for bankruptcy, it’s important to look at the types of debt that you have before filing. Secured debt, back taxes, and back child support still must be paid back. This is a move that will have a big impact on your credit. If your debt is mainly secured debt, you’ll still have to pay it back. Filing for bankruptcy is useful when you have an abundance of credit card debt that you can’t pay back, or property that you can’t afford to pay for any longer such as a car.  Secured Debt Defined A secured debt is one in which you owe money, and there is an item used as collateral that can be taken back by the lender if you don’t pay the debt. In the case of a car or a home, if you don’t pay your car payments or mortgage, the lender can take the car or home back from you in default. In the end, you will be able to write off the money you owe to lender in a bankruptcy, but you will no longer have the collateral property. Debt That is Wiped Out with Bankruptcy The debt you owe to credit cards and other unsecured sources can be wiped out in a bankruptcy. With no lien on your property, or no collateral to take back, unsecured debt is why bankruptcy filings occur in the first place. Once the bankruptcy is finished, you will no longer owe money for your unsecured debt. Debt You Can’t Discharge in a Bankruptcy Back child support payments, alimony, most student loans and back income taxes all must be paid for, even after a bankruptcy. It is close to impossible to discharge any of this type of debt in a bankruptcy, unless you can prove immense hardship if you were to pay the money back. If you owe any fines for traffic violations, or criminal acts, you also can’t wipe out these debts in a bankruptcy. If you are being harassed by creditors and you have no way to pay back your debts, it’s time to sit down with a bankruptcy attorney to discuss your situation. If you live in a home that you are trying to keep, you might consider filing a Chapter 13 bankruptcy. This type of bankruptcy can restructure your debt, allowing you to come up with a repayment plan to get your mortgage back up to date. For more information, contact Hoffman, Hamer & Associates, PLLC or a similar...

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DUI Facts Every Driver Needs To Know

Posted by on Mar 27, 2016 in Uncategorized |

It is no big secret that it is illegal to drink and drive, but what many drivers do not know is all of the details that this rule entails. As a driver, it is always a good idea to get familiar with the rules of the road from every aspect–even when it comes to the hows and whys of being charged with a DUI. There are several facts that you should know about DUIs as a regular driver. Here are a few that you should keep in mind to ensure you are never facing charges. 1. A DUI charge can originate from different things in different states. While almost all states recognize alcohol intoxication as a form of driving under the influence, there are differences in the law when it comes to marijuana and other drugs according to what state you are in. For example, in Colorado a DUI charge can mean that you were showing just minor signs of being intoxicated whether or not you had alcohol in your system. As another example, some states can charge you with a DUI even if you are just sitting in your car with the ignition turned off. 2. You can be charged with a DUI even if you seem to be driving just fine. If you are pulled over and have alcohol in your vehicle and were not showing signs in your driving behavior to indicate you were intoxicated, you could still be charged with a DUI in some cases. If your blood alcohol level is beyond the legal limit and you were driving fine, you could be slapped with what is commonly referred to as a DUI per se. Being charged with a DUI per se can mean the same outcome in court as a DUI in which you were found to be driving recklessly. 3. If you are under the age of 21, the same legal blood alcohol level may not apply. Even though the legal blood alcohol level in all 50 states is .08, if you are under the age of 21, these same rules may not apply. In some locations, you could be charged with a DUI even if there is hardly anything in your system at all when you are under the age of 21. Regulations are stricter when it comes to young drivers. Therefore, just a small amount of alcohol could easily be enough to land you with a DUI charge. Contact a DUI lawyer for more...

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High Tech Malfunctions In Your Vehicle And Car Accidents: Who Should You Sue?

Posted by on Mar 27, 2016 in Uncategorized |

Cars are fast becoming more high-tech, with dashboards that have digital readouts only the driver can read on his/her side of the windshield, dashboards operated by voice commands, built-in telephone and voice technology, GPS positioning and accurate, up-to-date road construction and detour maps. So, what happens when some of this technology fails and you get into a car accident because of it? Who do you sue? That depends on your type of car accident and exactly what lead you to be in the accident, as the following information will show. Failures in the Road Trip Mapping Tech Dashboard technology, specifically the road construction and detour maps, help you navigate around complex and inconvenient road construction sites. This technology automatically reroutes your travel plan to help you get to your destination without losing much time. If there is a failure in this technology and you are rerouted off the end of a bridge or an overpass that is under construction, or just end up in an accident attempting to follow the instructions provided by this tech in your vehicle, then you may want to have the program checked for failures. If there are glitches or failures in your road mapping and trip instruction, then you can sue the vehicle’s manufacturer. Failures in the Road Positioning Tech Road positioning technology alerts you to the closeness of other vehicles. It also alerts you to potential impact before it occurs in order to give you a chance to speed up out of harm’s way. When you receive no notice from your vehicle’s computer that another car or truck was too close or about to hit you, and then you get into an accident, you may have a split lawsuit. This means you can sue both the manufacturer of the vehicle for the failure of this technology as well as sue the other driver that hit you. Both the other driver and your vehicle’s manufacturer share a part in your vehicular misfortunes and medical bills, so they will both need to pony up to help you cover your vehicular repairs and medical costs. Trying to Prove the Tech Was Responsible Before you can launch into a lawsuit against any manufacturer, you will have to prove that the onboard computer, its programming, and/or something else defaulted and caused the tech failure linked to your accident. Since all known failures of vehicular components, including the new computerized systems, need to be reported to the manufacturer, the police and the public for safety precautions, you may be able to find other victims of faulty automotive tech and have them attest to the problems they had. If you cannot find adequate proof that there was a problem with the tech in your vehicle, you may only be able to pursue a standard lawsuit against other drivers involved (so long as it is clear that the other driver definitely has some liability in the case). Contact a car accident attorney for more...

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Can You Claim Disability For A Hearing Impairment?

Posted by on Mar 4, 2016 in Uncategorized |

A hearing impairment does not guarantee that you will be approved for Social Security disability benefits. In fact, the Social Security Administration, or SSA, believes that in some instances, a person can continue to still work even though they have profound hearing loss. If you have a hearing impairment and are applying for disability benefits, here is what you need to know.  What Determines Disability? The SSA has requirements that must be met to approve you for disability based on a hearing impairment. One of those is how profound your hearing loss is. There are several different assessments that are used to evaluate your hearing loss. Each test is performed without the assistance of hearing aids or any other devices you use to improve your hearing.  After your hearing is evaluated, the SSA will compare the results of the assessments to determine if you qualify for benefits.  If your assessments reveal that your air conduction hearing threshold, or the softest sound you can hear, is 90 decibels or higher, you can possibly qualify for benefits.  In this instance, the bone conduction threshold would also need to be 60 decibels or higher. The bone conduction threshold refers to the sensitivity of your inner ear.  There are other requirements that could help determine your eligibility, such as your word recognition score. You can review those requirements online or request a copy of the standards directly from the SSA.  What If You Do Not Qualify? If the results of your assessments do not meet the requirement standards of the SSA, there is one other possible method of proving you are deserving of benefits. You can rely on the residual functional capacity, or RFC, to help prove you are unable to work due to a hearing impairment.  The RFC basically measures your past work history, education, skills, and age to determine if there are other jobs within your abilities that you can perform despite the fact that you have a hearing impairment. If there are not, it is possible that you can qualify for benefits.  It is important to note that it can sometimes be difficult to receive approval for disability when your claim is based solely on hearing loss. Hearing loss is usually not seen as an impairment that totally prevents you from working. However, if you are unable to work, you should submit a claim and follow through with the process.  To better your chances of having a hearing impaired based claim for disability approved, work with an attorney like those at Crowley Ahlers & Roth Co...

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3 Questions To Ask A Car Accident Lawyer

Posted by on Feb 8, 2016 in Uncategorized |

No one can really plan for being in a car accident. As much as you might do your part on the open road, there is no way to know what the people around you are going to do. You could end up having someone cut you off, causing you to swerve, in mere seconds. Being in a car accident is stressful, overwhelming and frustrating. There are a lot of things that you get stuck having to figure out. To make sure you better understand the process involved with filing a claim against the other party, here are three things you need to ask your lawyer. What all can be included in the case? Many people overlook a lot of the different things that can be included in the case. Things like medical bills tend to be quite obvious, but many forget about mileage to and from medical appointments, prescriptions, lost wages, home care, special equipment or aids needed and more. All of these items can add up and further compound your case, making the total settlement amount even higher. What happens if the case isn’t successful? While you hope to win your case and get everything you deserve, you need to know what might happen in the event you don’t win. Are you going to be responsible for paying for the lawyer’s time and work on the case or do they take it as a loss? Most lawyers work on a contingency basis, but you need to make sure of that beforehand. You don’t want to get hit with a huge bill for their services when you lost your case. Is there anything special that needs to be done? Ask the lawyer if here is anything you need to do during the case. Are there documents that you need to gather? Do you need to get names, addresses and phone numbers of witnesses? You want to make sure that you are doing anything you can to help. Your lawyer will often advise you to attend all medical appointments and follow-up on treatment recommended by your doctor to aid in your recovery. By asking the three questions above, you can make sure that you are on the same page as your lawyer. The last thing you want to do is assume anything when it comes to a personal injury case. It is always better to ask first before making any assumptions. Contact a local attorney, like Robert M Kaner Attorney, to get...

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Warehouse Tips: Protect Your Eyes & Signs That You Need Medical Attention

Posted by on Jan 19, 2016 in Uncategorized |

You work in a fast-paced environment, and you have to keep up. Working in a warehouse may put you at risk of certain dangers, such as an eye-related injury. The following guide will show you how to protect yourself at work and what to do in case of an injury. Simple Eye Protection Tips Eye-related injuries are more common than you think; in fact, they occur about 2000 times a day in the United States. This is a good reason to pay attention to the following: Know The Eye Hazards The potential eye dangers will determine the kind of protection that you need. The following are just a few hazards: Dust, metal shards, wood dust, and other similar materials. Chemicals that could be hazardous, like oils. Pair Your Safety Gear Correctly Your employer should provide you with information about the kind of eye hazards that exist for your job. Your employer should also give you the right gear to protect your eyes. For example, you will need safety glasses with shields should there be projectile particles in the warehouse, like dust. Chemicals, since they are liquid, will require that you use goggles. You can talk to your employer about other materials that might be in the warehouse and how to protect yourself. And you might need to modify your safety gear to fit your prescription if you wear glasses or contacts. Check Or Prepare Work Area You and your employer should ensure that the area you are working in is checked for hazards. For example, dust, mop, or sweep an area if you know that there might be foreign objects, like chemicals, dust, and other eye hazards, there. Signs That You Need Immediate Eye Care You may want to keep working when you have a minor injury, but you should rethink that action. Watch out for the following, which should prompt you to seek immediate medical attention: Increased or persistent pain after the accident. Visual disturbances or a decrease in visual acuity. Your eye begins to look or feel abnormal. Be sure to report the accident as soon as you can so that the employer is aware of the situation. Reporting ensures that the incident is well documented should you need to visit the doctor or file for workers compensation. Do not forget to keep a copy of your medical report, as you might need that if you seek compensation. If you do need to seek compensation for a workplace-related eye injury, check out websites like http://leifericksonlawoffice.com for more information on hiring a workers’ compensation attorney. Now you have a few tips to protect your eyes at work and know when to seek immediate medical...

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