Appealing a Denied Long-Term Disability Benefit Claim

By on 11-23-2015 in Car Accidents

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 11-23-2015 in Car Accidents

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 11-23-2015 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.

Speeding

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 11-23-2015 in Car Accidents

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 11-23-2015 in Car Accidents

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.