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Why Was Your Workers’ Compensation Claim Rejected?

Posted by on Nov 26, 2017 in Workers' Compensation Claim | 0 comments

You were injured on the job. Whether it was a fall or a slip on a slippery floor, an object falling on you, or another tripping you, no matter what, it left you needing medical attention and assistance.

Being injured at work is frustrating and traumatic for many reasons beyond just the injury itself. There are suddenly a number of big concerns. How long will you be out? Is the injury permanent? Will there be long-term pain? How will you pay for all this?

The answer to the last one should be easy: workers’ compensation. Yet, too often, those claims get rejected.

How can you avoid this fate? Keep these 5 major causes of workers’ compensation claim rejection in mind.

  1. You didn’t report the injury immediately

This is crucial. You may feel embarrassed by your accident or like you’re complaining for no reason, but no matter your hesitancy, go and report the injury immediately. If you put it off, that can be used against you to deny you compensation.

  1. No one saw it happen (or saw the risk)

There’s little you can do about this if it is the case, but you can establish accurate accounts of what happened. As mentioned above, report the injury to your boss. Then, tell your coworkers as well, and show them where and how it happened. If you slipped, get a witness to look at where the puddle is. Take photos as well.

  1. You didn’t go to a doctor right away

Even if your boss pressures you to stay at work, even if it doesn’t seem like that serious an injury, go to the doctor. If your injury turns out to be serious enough to require worker’s compensation, then you need to be able to prove a link between the accident at work and the injury seen by the doctor. The longer you delay, the easier it is to claim your injury occurred elsewhere.

  1. The description of the injury doesn’t match up

Make sure to be consistent with your story. That means, relate carefully and precisely exactly what happened, and later relate carefully and precisely all symptoms as well as all diagnoses. If you live something out one time and add it in later, that can be used against you.

  1. You tested positive for drugs or alcohol

There’s little that can be done about this after the fact, but you should know by now not to drink or use drugs at work. Such activities are at the very least fireable offenses on a good day and can result in criminal proceedings at other times. And, of course, it would also disqualify you from workers’ compensation.

Try to keep these five points clear in your mind before, during, and after an accident, and you’ll have much better chances of getting the compensation you need to get healthy again and back to work.

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When Pet Injuries Get Personal

Posted by on Sep 28, 2017 in Personal Injury | 0 comments

The debate has raged for decades: are dogs or cats better animals to keep as pets? Everyone has their own opinion, usually identifying themselves like a cat or a dog person. Dogs are loyal to their owners and can protect their home from threats. They are at times playful, cuddly, and definitely soft. However, man’s best friend can also cause a lot of harm to unsuspecting victims. While a dog that is properly socialized is unlikely to bite another person, accidents do happen. A dog can be spooked by something in the environment and tear away from its handler quicker than the human can react. The results can be bloody, disastrous, and even result in death.

According to a local ABC news report in San Diego, just yesterday a pair of pit bulls escaped from someone’s yard and attacked Michael Heider, his mother, and their small Yorkie named Toast while they were out for a walk to the local post office. Michael commends the bravery of his mother who tried to literally pry the Yorkie from the jaws of one of the pit bulls, suffering multiple bites in the process. Unfortunately, Toast did not make it. Thankfully, Michael’s mother is still alive, and her bite wounds are being treated at a local hospital. The pit bulls that attacked the family were captured and are currently being held in quarantine. Michael Heider is incredibly hurt by the loss of his dog, and he wants to make it known to everyone that all pit bulls have the potential to exhibit this kind of violent behavior, no matter how much the owner claims that the breed is harmless.

Probably just as prevalent as the debate between dogs and cats, the debate over whether pit bulls should be allowed to be kept as pets are just as divisive and controversial. Some people claim the breed itself is unpredictable and that no owner will be able to completely control the temperament of their dog. Dedicated pit bull owners, however, will say that their dog has never committed an act of violence towards anyone, so therefore it must be the case that the breed is not to blame. Regardless of what is actually the case, many people do not know that they can seek a lawyer’s help if they suffer a dog bite. It falls under the umbrella of personal injury, and personal injury lawyers like these in Oceanside, a short drive from San Diego, can make sure the owner of the dog is held responsible for any medical costs associated with the bite.

Owning a dog can be an incredibly rewarding experience, but owners must take care to make sure their dog is socialized properly and that the dog’s leashes are sturdy. Understanding that accidents like this might happen and taking responsibility for them is something owners will have to accept, especially if they choose to own a controversial breed such a pit bill. Personally, I prefer cats.

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Meet Tristen Park: Survivor of Two Accidents

Posted by on Sep 1, 2017 in Vehicle Accidents | 0 comments

While going about our daily lives, we often do not consider the dangers of doing simple things that are part of our daily routine, like crossing the street. It is hard to imagine being in the hospital for two weeks, unconscious while working toward high school graduation and getting ready for college. Even more unbelievable, after surviving the first accident, you graduate, but you get in another severe accident. Meet Tristen Park, survivor and fighter of two accidents.

Tristen Park was crossing the street in Mount Vernon, Illinois when she was struck by a vehicle. According to The Illinois State University, Park was immediately rushed to Cardinal Glennon Hospital (in St. Louis) and was under deep sedation for almost three weeks. During this time, Park was hooked up to a ventilator system while she was sedated and eventually was taken off of the ventilator when she regained the strength to breathe without machine assistance. Her recovery would take much longer, however, because doctors quickly diagnosed Ms. Park with a traumatic brain injury, which resulted in lost memories, severe headaches, and frequent confusion.

During her recovery, her family and friends rallied around her cause, creating a social media page dedicated to supporting her through the long process of recovering after the accident. Her surrounding community also got behind the cause, with her cheerleading team raising money through the sale of bows and t-shirts, and nearby businesses collected donations from customers and gave a percentage of their sales to the cause.

After months of speech therapy, physical therapy, and occupational assistance, Tristen continued to work on school and participated in cheering. Her ultimate goal was to be admitted to law school and focus on personal injury litigation in order to help others like her who have been injured in an accident. After graduation, however, Ms. Park was again injured in another serious car accident. Against all odds, she was injured while riding in a friend’s car in the passenger seat. The resulting injuries from this second accident included another traumatic brain injury, as well as a broken neck.

Tristan Park did not anticipate getting into these accidents, especially at a pivotal time in her life. Park was focusing on cheer and school work, preparing for graduation and college, and instead found her life turned upside-down by two serious accidents. Her experience with these thoroughly preventable accidents piqued her interest in personal injury law and how personal injury attorneys (like this law firm in Louisville I found) can help the victims of serious accidents recover compensation for their injuries, lost wages, and other damages.

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Dangerous Defects: Child Car Seats

Posted by on Jul 27, 2017 in Personal Injury, Vehicle Accidents | 0 comments

When an accident occurs, ordinary car occupants can be protected by seatbelts, airbags, and other safety measures that can be found in the vehicle. But when it comes to small children, that is not always the case. The children may be small enough to warrant additional protections, such as child car seats.

Child car seats are specifically designed to avoid injuries to their young occupants. This prevention does not just scope accidents, because even simple events like sudden stops can cause injuries to small children in the right conditions.

But there are instances where child car seats are defective, so they fail to do their only job, ultimately leading to their young occupants getting hurt. According to the website of Habush Habush & Rottier S.C. ®, negligent car seat manufacturers may be held liable for selling defective products. But what are these defects anyway?

Restraints that are too tight

Child car seats have restraints to make sure that the young occupant doesn’t go forward or ejected in the event of a collision, similar to a seat belt. But these restraints can be tricky. If they are too tight, it may actually be the cause of the young occupant’s injury, and when an accident does occur, emergency responders may not be able to extract the young occupant immediately.

Restraints that are too loose

If restraints are too tight, they are defective. If restraints are too loose, they can also be considered defective. This means that child car seat restraints should be just right. Go either way and you can already hurt an innocent child. Using a child car seat that has a loose restraint is as effective as using no restraints at all.

Defective adjusters and buckles

Many times, the restraint problems are caused by defective adjusters, or adjusters that cannot be properly adjusted to make the restraints not too tight or too loose. Also, the restraining capability of child car seats does not just rely on the restraints themselves, but also on their complementing components, like the buckles and latches. Even if a child is restrained in the right tightness, it is useless if the buckles and latches don’t work, because the restraints cannot hold their places.

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What may Look Formidable does not always Guarantee Safety

Posted by on May 28, 2017 in Personal Injury | 0 comments

In any type of business, profession or activity, the one common thing that is almost always the source of danger and injury to unsuspecting victims is negligence. Negligence has resulted to so many mistakes and accidents which, in turn, have caused damage to properties, severe injuries and even untimely death.

Severe injuries and deaths are most common in car accidents, which can be due to failure of a driver to observe traffic safety rules; dangerous road conditions; or, manufacturing mistake resulting to a defective motor vehicle or motor vehicle pars that do not comply with government and industry standards.

Car defects, in particular, can be a major threat to car owners since defects are usually never detected until these have caused an accident. The belief that “the bigger the car, the safer the passenger” is also not always true as proven after the production of the “high and mighty” sport utility vehicles (SUVs). SUVs do look formidable since these are higher and bigger compared to ordinary cars. In the event of an accident, however, there is no guarantee that SUV occupants will be safe.

The very features that make SUVs look high and mighty, though, are also the very same features that put their occupants’ lives in greater danger. This irony actually lies in the SUV’s high design, which also means higher ground clearance and narrower track width: major factors in rollover accidents. Why? Because a higher ground clearance and a narrower track width make vehicles less stable on the road and reduce their steering capacity. Thus, during collision avoidance maneuvers at fast speeds or if these slide sideways or their tires trip over an object, the chances of these rolling over is almost ascertained. Adding to SUVs’ susceptibility to rollover are cargo and the number of passengers, especially if their weight is not equally distributed inside the vehicle.

According to Tucson car accident lawyers, “Advances in technology and increased awareness of the importance of safety on the roads have, in recent years, reduced the threat posed to public health and safety by car accidents. Nevertheless, car accidents remain one of the leading causes of serious injury and wrongful death in the United States each year, and the sad truth is that far too many of these accidents could easily have been prevented.”

Furthermore, these lawyers “believe that victims of car accidents should not have to pay for the consequences that they may face if someone else was to blame for their injuries. Fortunately, through the protections afforded by personal injury law, victims may not have to. In fact, they are often entitled to financial compensation and justice that allows them to better deal with the aftermath of a car accident.”

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