Appealing a Denied Long-Term Disability Benefit Claim

By on 6-07-2017 in Workplace Injury

The frequency of work-related injuries and deaths during the turn of the twentieth century left many workers and their families struggling financially as injuries rendered them temporarily or permanently disabled, causing loss of earning capability while needing to shoulder medication and medical treatment costs. Fatal injuries, however, caused much more than just lost wages – these made families suffer loss of companionship too.

Two Acts, which will ensure that workers, who developed an occupational disease, were injured, disabled or, worse, killed, during the performance of their job, whether inside or outside company premises, will receive financial assistance, were passed into law during the twentieth century. The first of these laws is the Workers’ Compensation Insurance Program, which became a law starting in 1908 and which was specifically designed to cover medical expenses, wage replacement, disability, rehabilitation or healing period, or death); the second is the Social Security Act of 1935, which was designed to provide financial benefits to employees who may be suffering from a long term or permanent disability or medical condition that usually lasts for about a year or more.

Filing a long-term disability claim under the Workers’ Compensation Program can lead to much disappointment, though, as people assigned to evaluate claim applications have become more aggressive in finding faults to have applications denied.

This case is the same when filing a Social Security Disability Insurance claim, which not only takes months to have an application evaluated; there is also no certainty that an application will get approved despite the long wait and all the requirements, which includes having a disability that meets the medical criteria set by the Social Security Administration (SSA), having worked long enough in an SS-covered job and has paid enough Social Security taxes to earn the required number of credits.

In the event of a denial to one’s application, he/she has the right to make an appeal, that is, to have his/her application re-assessed.

According to disability claim appeal lawyers with Fields Disability, the steps to appeal a long-term disability claim include:

  • Getting Additional Medical Tests – Magnetic Resonance Imaging (MRI), diagnostic tests, or blood tests may help prove your medical condition. If these tests were not included in your initial claim, they can help.
  • Looking For Missing Medical Records – If important medical records were overlooked or missing when you filed your initial claim, you can include them with your appeal. It’s critical that the insurance company has the medical evidence to prove your condition.
  • Get Written Medical Opinions – Your doctors know your medical records, whether you’re able to work, and the treatments you need better than anyone. A written opinion from each of your doctors can help prove your disability or injury qualifies for long-term disability benefits.

Since there are important deadlines for filing long-term disability appeals, and preparing a long-term disability appeal takes time, one may have greater chances of winning an appeal if he/she is represented by a lawyer who is very well versed in the laws on compensation benefits.

Workplace Accidents and Injuries

By on 3-09-2017 in Workplace Injury

Employers should ensure that their premises are safe for their employees. Designers and manufacturers should be responsible enough to avoid defects from products that employees may use. Maintenance providers should do their jobs properly to avoid malfunctions and other issues related to lack of maintenance in the workplace.

If these entities fail to do their jobs, they may be held liable. According to the website of Robert Wilson & Associates, injured workers may also get compensation for the damages he or she has sustained.

Possible Damages
Injuries – The most prominent consequence of workplace accidents is injury, resulting into limited bodily functions and mental effects such as post-traumatic stress disorder.

Medical Costs – Workplace accidents resulting into injuries require treatment, and this does not come without hospital bills and other fees. Even light workplace accidents may warrant a visit to a hospital or a trauma center because of safety issues.

Loss of Earning Capability – Getting injured on the job also compromises a worker’s earning capability. He may miss time at work or may become too physically limited to perform the required tasks for his job. He may even get temporary or permanent disability benefits because of this.

Possible Faults
Finding fault for a workplace accident is relatively easy. It is important to know the direct cause of the accident and why it has happened. For example, a work company or business may be held liable if it has been proven that the dangerous condition that have led to the accident is its fault, such as failure to enforce safety procedures and give workers the adequate protective gears.

If a worker has been injured because of a defective product in the workplace, he or she may file a lawsuit against the manufacturer or designer of that product. The most common defective products include office appliances, toxic substances like chemicals, and construction tools, equipment, and machines.

Types of Reckless Driving

By on 10-03-2016 in Car Accidents

As much as we want to stay safe on the road, there are other drivers who show an utter disregard for the welfare of other drivers. Unfortunately, careful drivers become the victims of reckless drivers. The website of LaMarca Law Group P.C. reveals that reckless driving is one of the top causes of roadway accidents. It is the behavior of these drivers that put other drivers in harm’s way.

Reckless drivers exhibit different types of behavior when they are on the road. Understanding these behaviors can go a long way in keeping out of their way and ensuring your safety. Reckless driving behaviors may include the following:

Frequent Change of Lanes

In order to reach your destination, you may need to switch lanes once in a while. However, frequently changing lanes could mean a sign of impatience on the part of the driver. Such kind of behavior may lead the driver to acting impulsively in avoiding the slower lanes. So when you see a driver changing lane very often, watch out for them.


Another example of a reckless driver is one who exceeds the speed limit. Driving at high speed reduces a driver’s reaction time to what is happening on the road. Accidents resulting from speeding can be devastating and may cause serious injuries.

Distracted Driver

Distracted driving is another form of reckless driving. When you use your phone while on the road, your full attention is not on the road but elsewhere. When you are texting or calling, you remove your hands on the wheel and your focus is also away from the road.

The road is full of different kinds of drivers – the careful and the reckless. If you encounter the latter, take the initiative to avoid them. You cannot compete with someone who acts impulsively and seemingly have no regard for the other drivers on the road.

On Negligence and Duty of Care

By on 6-17-2016 in Negligence

When it comes to personal injury, two of the terms that you are likely to encounter are negligence and duty of care. These two terms are very important in determining liability in case of injury or death. Is there a breach of the duty of care during the accident? Was the defendant negligent which led to the plaintiff getting injured or killed? In this article, we shall delve on the two terms and explain their importance when filing a personal injury claim.

In legal terms, duty of care refers to the responsibility of a person to prevent any harm to another. This is important in proving that the defendant violated their duty of care to the plaintiff which resulted to the injury. In a personal injury claim, the plaintiff has to prove in court that the defendant breached such duty. Let us have an example. Car A collided with Car B after former beat the red light. If there are resulting injuries, the driver of Car A can be held liable because he had a duty of care to stop when the red light is on but did not.

Duty of care takes into consideration other favors such as traffic conditions, weather, and visibility. According to the website of the Law Offices of Yvonne M. Fraser, if an accident happens because one car did not their headlights were switched off on rainy conditions that driver can be sued if there are injuries because it was his duty to switch on his headlights so he can see oncoming cars.

Duty of care does not only apply to vehicular accidents but also in the workplace. Every employer has the duty to ensure the safety of their workers or of the facilities. If the company fails to provide that to their employees, they could be sued for workplace injuries and liable for damages. If a newly hired employee gets injured while operating a machine, the employer can be held liable for not ensuring that the new employee was properly trained to handle the machine first before letting them use it.

When showing that there is breach of duty in a personal injury claim, four elements must be proven for the case to be successful: duty of care, breach of duty, damages, and causation. The plaintiff must first show that the defendant had a duty of care. Next, the former would have to prove that the latter failed in their duty and that they have suffered severe harm which was caused by the defendant’s breach of duty.

In awarding compensation, the conduct of the plaintiff can also have a significant role in the amount of damages they will get. As proving negligence can prove to be daunting for you, hiring an attorney is most recommended.

How Can Trucking Companies Be Negligent?

By on 1-24-2016 in Personal Injury

If a truck driver on the road causes an accident then it’s the truck driver at fault, right?

This is not always the case. Sometimes, the fault is in the employer. How is that if the employer or a representative of the trucking company wasn’t even there in the first place? The answer can be as simple as they did not quite check the eligibility of the driver before putting them on the road.

A truck driver must be specifically and professionally trained as a driver in order to operate a truck – especially an eighteen wheeler truck. The size and weight of a truck makes its potential for damage just that much greater, which gives it a higher level of risk – and that puts it on a different level from car accidents and the like altogether. There are also certain technical aspects of driving a truck that makes it difficult to operate such as how to properly turn and switch lanes, as well as knowing who to properly drive while keeping the blind spots in mind, and the kind of speed that something carrying such a massive weight can handle.

So, if a trucking company then willfully puts an inexperienced or unqualified driver behind the wheeler of a truck of that magnitude, that can be grounds for negligence and it would not be the driver’s fault. That kind of negligence then makes the trucking company liable for the damages and consequences that resulted from the incident.

Some people may find it difficult to go against an entire company but it is important to hold them accountable for their carelessness and negligence, especially if it has resulted in the injury of another person – or, in the cases of truck accidents, other groups of people.

Drug Laws in TX

By on 11-27-2015 in Criminal Defense

According to the website of Ian Inglis Attorney at Law, drug ownership is known as a critical offense of getting one or more varieties of illegal or controlled medications on their individual, whether because of their personal use or for additional purposes including selling, distribution or some other uses. Punishments for people who are captured with possession of any sort of medication may depend on the variety of medication, drug’s total amount, the jurisdiction on which the possession and arrest occurred, and also the conditions surrounding the arrest. Normally, USA says punishments for control of drugs vary from small fines to probation or imprisonment.

Cocaine is among the a few illegal drugs that are monitored. It really is a feeling of watchfulness as well as a powerful stimulant that works on the central nervous system and cardiovascular system, providing an individual to sense euphoria. It increases a user’s stamina and also staves off hunger. Cocaine causes a man to feel more powerful and confident, and the high after having crack normally lasts between 20-30 seconds and 15-30 minutes (all determined by the way of eating cocaine), which is then often followed with a devastating depression. This normally causes reliance on the drug, creating additional as well as abuse drug-related issues.

Cocaine is classified under Penalty team 1 (along with methamphetamines as well as heroin) and the penalties for those caught with cocaine control change from being billed using a Class-D felony (caught with less than 3 grams of cocaine) to Class A felony (for over 3 grams and got inside a school coach or within a certain area round the institution, youth system centre, family housing complex, or playground). What this means is that if medications are found in your person, but maybe not in your own car, you may be charged with ownership of these.

Being caught in possession of substances that are illegal, for example, cocaine, is an immediate breach of national and state regulations. Drug crimes require specific legal strategies to ensure that the defendant’s privileges might be properly and effectively protected and each have their particular type. A criminal defense lawyer will have several years of concentrated training should you be charged with cocaine possession in how to secure your rights. This may make all the difference, as the punishments for a guilty verdict can be incredibly hard to get a person to cure.

Applicant or Employee Rights

By on 11-26-2015 in Labor Law Violations

Making purchase and balance on the job and, more importantly, protecting workers against any form of employment abuses and negligence, whether by employers or coworkers, should be easier and more ensured nowadays with the so many regulations meant to maintain and safeguard the privileges of each employee.

These numerous employment regulations are enforced by the U.S. Equal Employment Opportunity Commission, a self-regulating body that was approved on July 2, 1964, from the US Congress. The EEOC’s obligation was to observe the implementation of the Civil Rights work that was introduced in the same year. All other laws concerning jobs handed either before or following 1964,’s strict implementation has been set underneath the care. Many of these laws include:

  • The Equal Pay Act (EPA), that has been introduced in 1963. US Environmental Protection Agency requires payment of salary that is equal to employees performing the same work in the exact same office. Same work factors effect the exact same abilities and duties required in the employment.
  • The Genetic Information non-discrimination Act (GINA), that has been accepted on Nov 21, 2009. This law was designed to safeguard people from discrimination because of matters of innate advice. It also firmly prohibits the spread of a person’s the genetic tests, dilemmas of health illness or current illness.
  • The Civil Rights work. This legislation, that was approved in 1964, firmly forbids any type of workplace discrimination, regardless of foundation (contest, origin, gender, sex orientation, innate information, etc.). The civil-rights work also illegalizes any form of retaliatory action by the company on employees who file employment discrimination complaints or who provide evidence on discriminatory methods during inspections and lawsuits.
  • The Age Discrimination in Employment Act (ADEA) of 1967 was passed into law to forbid discrimination against individuals older or aged 40 years. ADEA additionally forbids any form of discrimination in hiring, laying off wages and promotional material on account of the age that is given, together with the statement of age limit and predilection in updates and job advertisement.
  • The Pregnancy Discrimination Act of 1978. The legislation prohibited firing, not hiring, etc., of affected women.
  • The Americans with Disabilities Act (ADA). This legislation was designed to offer folks with safety from being discriminated due to their incapacity, despite their capacity to do the function that was required as good as anyone else.

Workers who believe that their companies are discriminating them and/or fellow workers possess the privilege to file a complaint. Submitting a complaint, however, is exposed to some statute of limitation. The situation will also need to be submitted to EEOC first. Consequently, hiring an excellent lawyer who is determined to battle for your own rights and that will assist you in filing the right charge and within the stated time limit could be a great decision.

Despite all these anti-discrimination regulations at work, the website of New York City labor law attorneys at Cary Kane LLP acknowledges the very fact that numerous companies, however, continue to take advantage and mistreat workers in a great number of ways, like rejection to give just wages or spend overtime function, creation of a hostile working environment to compel an employee to resign and additional kinds of discrimination. Discrimination must not be tolerated.

Storage Ideas

By on 11-25-2015 in Self Storage

The website of Pond Springs Mini Storage suggests you use entire space provided in a storage unit, but this idea could be applied to your home at the same time. Occasionally your living situation is not large enough to fit all the items you use on a consistent basis if you follow a number of simple storage suggestions you will be able to save a significant quantity of room for your essentials.

Place as much as you possibly can from under your bed. For those who have a common bed frame, it is possible to store smaller boxes and drawers underneath your bed and fill them with clothes or supplies. In case your frame allows one to loft your mattress, you are able to set a little bit of furniture – like a drawer or a workplace – below the bed.

Shoe racks save a great quantity of area in your cabinet. Because we regularly place shoes on and just take them off, they are inclined to be disorganized and dispersed. Using a shoe stand, you and your closet floor will have no option, however, than to be organized and will give you more room for other various items you need to store in there.

If do-it-yourself projects interest you, you might wish to consider creating a ledge that connects into a part wall. These shelves are excellent for ornamental things which you love but cannot set on your own coffee table.

Toilets have a tendency to get cluttered with containers, devices, and goods that are not pertinent. Although this really is not irrelevant to each room in your home, be certain to have a good spring cleaning for your own bathroom. You will see that mouse you bought this year, or that you do not want outfit makeup from past Halloween or three hair straightening irons. Also, though you do not see yourself as a slob or a hoarder, everyone is keeps something they do not want.

Gas Explosions

By on 11-24-2015 in Explosions

Americans rely on an assortment of products to support them within their daily lifestyles. One such resource that virtually each individual in the USA uses frequently is petroleum. Its application that is most apparent allows us to have a thriving car business. Nevertheless, crude oil is actually not very safe for the very grounds that it is likewise a valuable resource. This is a substance that is highly explosive and combustible while it is quite beneficial when managed and intentional. Therefore, mishaps including petroleum might be extraordinarily serious and might lead to severe harms to somebody.

Types of Oil Explosions

Pipeline explosions additional materials in the petroleum may build up, obstructing the movement of acrylic and raising stress. Pipelines may additionally wear as time passes, especially without maintenance as well as frequent inspections. Also, small accidents involving crude oil could cause a lethal surge, particularly when operating with concentrated levels of the substance.

With respect to the way in which oil is stored and transferred, you will find numerous ways in which it could not be safe to the surrounding populace. In fact, oil explosions could be dangerous in the following manners:

Tank explosions like pipelines also need care and inspections to make certain that their security functions are not compromised. According to the internet site of Williams Kherkher, the negligent actions of the others may cause tank explosions. Not keeping up with reviews and regular maintenance can result in significant conditions that will go undetected until an explosion happens. If that is the case, the negligent party should be held responsible for several injuries sustained during the mishap.

Dangers of Car Accidents

By on 11-23-2015 in Car Accidents

It is not too difficult to imagine how awful a car accident’s effects could be. A car is actually a hunk of steel going at high rates with people in it. A crash with another piece of railing, concrete, steel, tree, or someone else at any speed greater than 25 miles per hour severe harm will occur. And yet many folks blithely enter a car, completely expecting to get to their destination without a scratch, with no idea of the 15.6 accident deaths that happen for every 100-million vehicle miles traveled. According to the website of the Milwaukee car accident lawyers of Habush Habush & Rottier S.C. ®, the typical driver travels 13,476 miles per year, this means that in any one year, a car traveler has a one in 475 chance of being involved in a fatal car crash.

The human body is amazingly resilient, able to withstand many knocks with small permanent damage. However, a car accident may be devastating as the car is a structure that is rigid, and any impact forces are transferred to the more pliant human bodies inside. Apart from the unexpected deceleration that can cause a concussion, whiplash, along with other types of brain damage, the automobile features can knobs, sticks, and other items can piece and injury. That’s also not taking into account in the case of airbag deployments, which terribly harm a person if it goes o wrong or can suffocate.

As said on the website of the Insurance Institute for Highway Safety, car accidents are one of the leading killers in the U.S., beating out firearms, infections, and kidney failure. Even if perhaps not death, the injuries sustained are commonly so severe that sufferers find it essential to apply for Social Security Disability (SSD) benefits. It is known that there’s always a danger of a vehicle incident occurring, however when it results from the reckless or negligent conduct of another person, it’s far harder to come to terms. You could have legal options that will help alleviate a few of the fiscal difficulties connected with an auto accident, at these times to you personally or to an immediate relative.