What Benefits Does Workers’ Compensation Provide?

Posted by on Jun 19, 2016 in Benefits, Workers' Compensation | 0 comments

Every employer has the responsibility to ensure the safety of their employees. But no amount of safety precaution can beat the uncertainty of an accident. In case of an injury in the workplace, employees can count on worker’s compensation insurance for injury and illness related expenses. The objective of this type of insurance is to help an employee recover and return to work. Worker’s compensation insurance also provides benefits to dependent family members in case of death of an employee.

In case of workplace injury or death, you can work with Indianapolis personal injury lawyers at the Hankley Law Office to claim for benefits and coverages that your workers’ compensation insurance offers. While the benefits may vary depending on the severity of injury or disability, a personal injury attorney may help you get the following benefits:

1. Medical Care

Worker’s compensation insurance may include hospitalization and medical benefits which may shoulder doctor visits, medication, and surgery. It may also include equipment cost as well as payment for counseling, pain therapy, and acupuncture. Unfortunately, if you are considering experimental or investigative treatment or therapy, worker’s compensation may not provide coverage for those procedures as only generally acceptable medical practices are covered.

2. Rehabilitation

Your insurance will pay for medical and therapeutic care which is necessary for your recovery from injury or illness. If you need care and training in order to regain the skills and abilities you need to return to work, worker’s compensation will cover that as well. If you will not be able to to return to your previous work, worker’s compensation will shoulder the costs for evaluation, retraining, tuition, and others to help you get qualified for another job.

3. Disability

Workers’ compensation can help you defray the cost associated with lost wages if you become disabled. Disabilities are usually categorized into four types:

  • Temporary total disability keeps you from working at all but only for a limited period of time.
  • Temporary partial disability prevents you from performing some duties of your job for a limited period of time.
  • Permanent total disability is a disability that prevents you from ever returning to your job. It does not require total helplessness or medical incapacity
  • Permanent partial disability is one that causes permanent damage but only partially impairs your ability to work

4. Death

Worker’s compensation insurance provides death benefits to beneficiaries of the deceased worker such as spouse, child, parent, or sibling and were financially dependent on that person. Although workers’ compensation shoulders funeral and burial expenses, the main purpose is to cover for the loss of financial support.
Injuries can cause a lot of changes to a worker and financially capability is one of them. Luckily, they can rely on worker’s compensation insurance to give them some help with expenses associated with their injury or illness.

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Tips On How To Avoid Blind Spot Accidents

Posted by on Jun 18, 2016 in Car Accidents | 0 comments

Trucks are one of the biggest vehicles on the road. For this reason, any accident involving them can be turly devastating. According to the website of Williams Kherkher, the effects of such accidents can leave the victims with serious injuries, pain and suffering, and mounting medical bills. One of the most common reasons for crashes involving trucks is the blind spot accident.

According to the website of Karlin, Fleisher, and Falkenberg, truck drivers have to be sure that there is no vehicle in their no-zone spot before they change lanes or make a turn. As such, they can be held liable for any accident with another vehicle. With that in mind, here are some steps on how you can avoid truck blind spots, according to the law offices of Williams Kherkher:

1. Avoid tailgating

Do not let your impatience get the better part of you. Staying too close to a truck is a recipe for disaster. If it suddenly decides to stop or maneuver, it might be difficult for you to avoid crashing to the truck. Stay at a safe distance so you can make the adjustment when the truck decides to change lane or make a sudden maneuver.

2. Avoid The Right Side When The Truck is Turning Right

A truck will usually require a wide space when turning on the right side. When they do such maneuver, it might be impossible for them to see any vehicle on the right side. So stay away from that side when attempting to overtake the truck.

3. Stay At A Safe Distance

Rear view mirrors will have no effect in trucks. When you are staying too close to them, it is impossible for the truck driver to see you. Your best bet is to stay far enough so you can be seen by the driver in their side mirror.

When involved in a truck accident, you could always suffer serious injuries especially if you are on the blind spot. Being aware of these areas can go a long way in preventing collision with a truck.

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Understanding The Permament Disability Claims Process

Posted by on Jun 17, 2016 in Disability Claims | 0 comments

While employers will ensure the safety of their workers, accidents can still happen in the workplace. According to the website of Scudder & Hedrick, PLC, severe accidents can cause life long life complications such as permanent disability. If your injury or illness caused permanent disability, you could be entitled to receive disability benefits. Getting disabled may cause you to lose income and this is where your disability benefits will come in.

But getting the benefits will not be that easy. According to the website of Chris Mayo Law, applying for the benefits can take months especially if the first application was denied. From the millions of applications received by the Social Security Administration (SSA), only 3 out of 10 are approved at the first stage of application. The remaining 70 percent will have to appeal their application or may have to go through the five stages of application which is as follows:

The Initial Application

Here the applicant submits their application to the SSA together with the medical evidence and supporting documents. The initial stage can last from 90 to 120 days and only 30 percent of the applications will be approved.

Reconsideration

For applications that were denied in the initial stage, they have 60 days to appeal their application. In the reconsideration stage, the denied application will be reviewed once again by the SSA. The appeal will take around 3 to 5 months and the approval percentage will go down to just less than 15 percent.

Hearing

If the appeal is rejected for a second time, you will be given 60 days from the date your request was denied to ask the SSA for a hearing. Your claim will then undergo an examination by an administrative law judge who will then review and either approve, sent for review, or deny your claim. This stage may take up to a couple of years to complete. In the hearing stage, the approval rating goes up to 63 percent.

Appeals Council

If you disagree with the decision of the judge during the hearing stage, you can take your claim to the Appeals Council. The review of your case will take between six to twelve months and the chances of approval of your claim is less than 2 percent.

Federal District court

If your claim was once again denied by the Appeals Council, you can escalate it to the Federal District Court. They can then either approve, deny, or send your claim back to the SSA for further review.

For approved claims, it will be subjected to “diary review dates” on a period of 1, 3, and 7 years depending on the condition of disability and the likelihood of improvement. Usually, you will just have to show that the claimant is still suffering from the impairment.

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Common Defense in a Foreclosure Case

Posted by on Jun 16, 2016 in Foreclosure | 0 comments

Foreclosure is a terrifying experience for most people. The thought of not having a place to sleep in can be traumatic for the homeowner. According to the website of Hong Law, PLC, while a house is just an economic commodity for financial establishments, it is far more valuable to the owner. Hiring the services of an attorney can help you regain your foreclosed property.

In the United States, foreclosing a home may require the approval of a court before the homeowner is evicted from their homes. This is true in a judicial foreclosure state, where the bank just cannot foreclose a home without court approval. So as the foreclosure will undergo court proceedings, here are some of the common defense that your lawyer will use to fight foreclosure.

Lack of Standing

In this defense, your lawyer will try to prove that the bank is not the proper plaintiff or owner of the foreclosed property. The proof of burden lies on the bank as they need to show that they own or has the promissory note and mortgage. This can prove difficult to a bank as mortgages are usually sold and transferred to other financial institutions.

Improper Delivery of the Summon and Complaint

Most mortgages requires the bank to notify the homeowner that their loan is in default before they file a foreclosure lawsuit. The notice must provide the required action and give the homeowner at least 30 days to comply before initiating foreclosure.

Unclean Hands

Here the homeowner must prove that the foreclosure was a fraud, illegal transaction, or oppressive to them, then this defense can help keep the property from being foreclosed.

The Mortgage Payment Was Not Properly Accounted For

You can prove to the court that the loan provider did not properly credit payments and/or charge the necessary costs in accordance with the law. If you can do so, the court may stop the foreclosure of your property.

The Lending Company Did Not Comply With HUD Requirements

The National Housing Act calls for lenders to advise homeowners of loan counseling options offered by the US Department of Housing and Urban Development. If you are able to prove to court that the lender did not provide such advise, then you can get your property back.

Foreclosure can bring so much distress and grief to homeowners. For this reason, you can make the bank or lending institution liable for their action.

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On Fines and Penalties For DUI/DWI Violation

Posted by on Jun 15, 2016 in DUI/DWI, Fines and Penalties | 0 comments

Driving Under the Influence or Driving While Intoxicated is considered a criminal offense in the United States. According to the website of Kohler Hart Powell, SC, getting a DUI/DWI conviction can have a negative impact on your life. The good news is that just like any criminal charge, there is a presumption of innocence. If found guilty, there will be corresponding fines and penalties.

According to the website of the Law Offices of Ronald Resmini, LTD, alcohol-related crashes accounted for 10,322 deaths in 2012. This was based on the report of the National Highway Transportation Safety Administration (NHTSA). When arrested due to DUI/DWI, your driver’s license is likely to be suspended complete with a report from the Department of Motor Vehicle. If the suspension or relocation is upheld, you will be given 10 days to contest the decision.

So what offenses or penalties await you when convicted of DUI/DWI? A Milwaukee personal injury attorney will tell you that a first time offense will warrant a jail time of up to six months. All states recognize DUI as a misdemeanor. The penalty may increase depending on the circumstances. In some states, the minimum jail time is at least several days for a first offender. A repeat violation may carry a jail term of several months to a year.

DUI/DWI becomes a felony if it results to injury or death of another person or if is the third or fourth offense of a driver. The jail term will depend on the state law, facts surrounding the case, and upon the discretion of the judge. Aside from jail term, the offender can also expect to pay stiff fines ranging from $500 to $2,000.

In addition, your offense can result to the revocation of your driver’s license for a substantial period of time either through court order or mandated by the DMV. In many states, the license can be revoked for at least 90 days, a second offense for one year, and a third offense for three years. If you refuse to subject yourself to a breathalyzer, blood, or urine test, it may contribute to suspension of your license as well.

Some states take the punishment to the next level by either temporarily or permanently confiscating the car and its registration. Some even require the attachment of an ignition interlock device, which is handheld alcohol sensor unit attached to the dashboard. When the BAC of the driver is above the fixed level, the car will not start.

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