Can Carpal Tunnel Syndrome be Filed Under Workers’ Compensation?

Repetitive stress injuries such as carpal tunnel syndrome are becoming more prevalent amongst people in the workforce who repetitively engage in the same type of motion all day long. Thankfully, workers have the benefit of accessing workers’ compensation for support. If you have received an injury such a carpal tunnel syndrome while on the job, it may be helpful to have a basic understanding of the details surrounding this type of injury.

Carpal Tunnel Syndrome

Carpal tunnel syndrome occurs when the median nerve and the tendons that allow for your fingers to flex are compressed. Symptoms in the hand and wrist that result from this type of condition include:

  • Pain
  • Numbness
  • Weakness

When it comes to carpal tunnel syndrome, there are many different factors that can cause this type of injury. However, often the underlying reason is from doing repetitive motions such as typing or using a cash register. Available treatments for carpal tunnel syndrome can include:

  • Carpal Tunnel Release
  • Steroid Injections
  • Rest
  • Splinting

It is common for many people to seek workers’ compensation as the above treatments can be rather pricey.  

Is Carpal Tunnel Syndrome Classified as an Accident?

If an employee can prove that their injury was received while on the job, they have a legal right to seek damages for carpal tunnel syndrome. Proving that carpal tunnel syndrome was the cause of an injury that happened while at work can, at times prove to be a challenge.

  • If you enjoy participating in an activity outside of work that could result in the same type of injury, you risk the possibility that your employer will not agree that the injury occured while you were on the job. They may actually argue that you were injured on your own time.  

Classification of carpal tunnel syndrome can vary depending on the state where you reside.

Occupational Disease: You will need to prove that the work you do while on the job puts you at a greater risk for carpal tunnel syndrome than the average person. This will be required if your state recognizes carpal tunnel as an occupational disease.

Accident: You will need to be able to prove to the insurance company and a jury in court that the carpal tunnel diagnosis that you suffer from is the result of an accident at your place of employment and the fault of your employer.

A workers’ compensation lawyer such as the On The Job Injury Lawyer Hauppauge locals turn to may be in your best interest if you are considering pursuing a workers’ compensation lawsuit. They can help you determine the best way to move forward by going over the details of your case. With their guidance, they may be able to build a case that is favorable to you if they can convince the courts that you are entitled to compensation.


Thanks to authors at Polsky, Shouldice, & Rosen P.C. for their insight into Worker’s Compensation.

Hurt at an Amusement Park: What Can You Do

Amusement parks are always a very popular spot for a fun outing during any season. They decorate for each holiday and special events, but are not typically considered to be unsafe. Unfortunately, accidents always have the potential to occur at them. There are a little over two thousand amusement park injuries reported every year, with over 75 percent of them occurring during the summer months when school is out. Because there are no state or federal agencies dedicated to enforcing ride standards, steps to prevent these injuries are usually taken. Accidents that occur in an amusement park are often guarded in a secretive way by the parks because they do not want the negative publicity generated by lawsuits. Victims of amusement park injuries may find it difficult to file a lawsuit against the park because there could be several different types of legal areas involved. This includes premise liability, personal injury, and product liability. There is no system in place to organize reports of amusement park accidents. The amusement industry is extremely unregulated, from carnivals that come in and out of town to theme parks that have stayed in the same city for decades. This means that the parks themselves are forced to police injuries and accidents, which makes it very easy for them to keep minor injuries or accidents a secret from the public.

Common amusement park injuries include slip and falls (this generally occurs in water parks), food poisoning, and being hit by broken machinery. The most common cause of injuries at amusement parks is when customers are not strapped in safely on a ride. This is especially common among young children because amusement park operators do not always double check seat belts, and young children might not know how to properly click themselves in safely. If you were injured by a negligent ride operator, failure on park security’s part, a dangerous design of a ride, defective ride components, fault safety harnesses, or tripping hazards, you could be entitled to compensation. If you or a loved one has sustained an injury due to any of the above circumstances, do not hesitate to contact a personal injury attorney such as the Personal Injury Lawyer Coeur d’Alene, ID locals trust for more information about amusement park lawsuits. If the amusement park could be held liable for your injury, you may be able to file for compensation (and receive medical expenses or lost wages) under a civil lawsuit.


Thanks to authors at Injury in Idaho for their insight into Personal Injury Law.

Personal Injury Claims: Do You Have a Case?

A common question many people have after they’ve been injured is whether they have a personal injury claim and if so, how strong a case do they have. Recognizing the strengths and weakness of a personal injury case is a skill attorneys are trained for and may prove vexing for anyone who hasn’t survived the gauntlet of law school. The majority of personal injury cases rely on three important factors: damages, liability, and assets.

 

Damages 101

 

First and foremost, a person must have suffered some sort of actual loss, whether it is a physical injury or property damage, to make a personal injury claim. Such a loss can be anything from a damaged vehicle, broken bones, medical malpractice, a dog bite, defective drugs, or even the death of a loved one. Lost wages due to missed work can be claimed as a part of the damages suffered, and one can also potentially claim future losses in a case if adequate proof is provided.

 

The strength of a personal injury case varies greatly depending on the actual cause of the claimed loss. Knowing what to claim as a loss is one of the most vital aspects of any personal injury case.

 

Establishing Liability

 

Determining liability is another important step in a strong personal injury case. Liability simply means establishing who is at fault for the injury or loss. For example, if a police officer cites a driver for reckless driving at the scene of an accident then that driver might be found liable for the accident and any attendant losses.

 

It should be noted that liability laws are not uniform and differ from state to state. Laws such as these can be a confusing labyrinth to the untrained eye and expert counsel may be required.

 

Insurance Coverage and Assets

 

Lastly, a defendant must be in possession of assets, such as insurance coverage or personal wealth, in order for a claim to result in compensation. It’s difficult to make a claim for assets that don’t exist or against someone who is uninsured. Skilled lawyers are trained to determine the extent of a defendant’s assets and insurance coverage. This can be done by performing an asset search, petitioning for insurance coverage, or even running background checks.

 

Above all, insurance companies are focused on maintaining their profits and will do whatever possible to avoid paying large settlements. Some states even have laws that insurance companies use to their advantage, such as Colorado, which allows these companies to refuse requests for insurance coverage until a lawsuit is filed. These laws are also not uniform and may apply in one state but not another. Learning the laws of the relevant state are a necessity if one hopes to receive fair compensation for any losses.

 

Calculating the true value of a personal injury case often requires the keen eye of a legal expert. If you believe you have a viable personal injury claim you might want to seek out a case evaluation from an experienced attorney such as the Utah personal injury attorney; many lawyers will even examine your claim free of charge. It may just be the wisest thing you do for case.

 

Utah AdvocatesThanks to authors at Utah Advocates for their insight into Personal Injury Law.

3 Tips to Prepare for a Car Accident Claim

If you were injured in an auto accident, you can make a claim against the other driver’s or even your own insurance company to receive compensation for your damages. This will usually lead to discussions and negotiations with the insurance company’s adjuster about how much money you are owed. Before making a claim, there are a few things you’ll want to prepare.

1. Gather Documentation

This is perhaps the biggest step of them all, but one that will pay off in the end. To successfully settle a car accident claim and ensure you are fully compensated for your property damage and personal injury, you will want to gather as much documentation about the accident and resulting damages as possible. Such documentation may include:

  •       Photos: Capture your car, the other driver’s car, the street, and even the weather conditions.
  •       Witnesses: If any bystanders witnessed the accident, take down their contact information and ask if they’d be willing to provide a statement.
  •       Accident Report: even if it’s a small fender bender, call the police. They will send an officer who will make an official report on the accident.
  •       Medical Records & Bills: Seek immediate medical attention after the accident. Even if you don’t initially feel hurt, let a medical professional examine. Then be sure to keep a record of all medical visits, bills, and even photos of injuries.
  •       Keep a Journal: Document on the accident may affect your daily routine and lifestyle. It might sound silly, but sometimes claims don’t settle until months or even years later. A journal is a good way to jog your memory about the events surrounding the accident.

2. Hire an Attorney

Regardless of the severity of your injuries, you should always look for an experienced personal injury attorney to help you file your claim. Insurance companies have teams of experienced adjusters, investigators, and lawyers trying to settle your case for as little money as possible. Even if you make your claim your full-time job, your knowledge and expertise will not match theirs.

Personal injury attorneys, however, dedicate their practice to helping clients like you.  Experienced attorneys are well versed in the law, they know the rules, procedures, and weird kinks about the legal system. If you hire legal representation, you are more likely to receive a higher settlement than if you attempt to handle the case on your own.

3. Give it Time

Injuries sustained in a car accident can often take a while to fully manifest. Settling your case too soon may prevent you from receiving compensation for injuries that later complicate. Don’t let the insurance company and their flashing dollar signs distract you from what is most important- your health and recovery.

 

If you’ve been injured in a slip and fall and are not sure about your options, contact an experienced lawyer, like a car accident lawyer Central Phoenix, AZ relies on today.

 


Thanks to our friends and contributors from Kamper Estrada LLP for their insight into car accident claims.

When Slip-and-Fall Accidents Result in Knee Injuries

Slip-and-fall and trip-and-fall cases are brought under the law of premises liability. When a person trips, he or she ordinarily falls backward. In a trip and fall, the person usually falls forward. Just about everybody has slipped or tripped and fallen. Most of the time, the only damage that they suffer is to their pride, but there are other times when genuine physical injuries result. Quite often those injuries are to one of the victim’s knees.

Knee injuries from falls can result from unnatural twisting or blunt trauma. As personal injury lawyers, here are four types of slip-and-fall and trip-and-fall knee injuries that we commonly see.

  1. Strains and sprains

In both slips and trips, muscles and tendons might be unnaturally extended without tearing. Some stiffness from swelling might occur, and there might even be minor bruising. Doctors and therapists have varying treatment plans for knee strains and sprains, but they’re generally in agreement with resting, icing and elevating the affected leg.

  1. Fractures

Knee fractures are far more common in trips as compared to slips. The kneecap (patella) is a bone that works as a shield for the knee joint. With a non-displaced patella fracture, surgery might not be necessary. A long cast will be applied to immobilize the affected leg for six weeks to two months, and the patient can expect to be on crutches while healing. With a displaced fracture, the muscles that are attached to the patella pull it apart. Surgery and subsequent rehab are likely required to put the patella back together. Expect some knee stiffness in the future.

  1. Cartilage and ligament tears

A magnetic resonance imaging study might show torn cartilage or a ligament tear in the knee joint. A common spot for such a tear is the cushion between the thighbone and shinbone called the meniscus. Each knee has two menisci that can be torn or otherwise damaged by an abrupt twist when one foot is planted, and the knee on that side rotates while falling. These tears are accompanied by noticeable pain and swelling. Badly torn cartilage usually requires surgery and removal. Expect that knee to become arthritic over time.

  1. The anterior cruciate ligament (ACL)

Four primary ligaments connect the thighbone with the shinbone. One of those is the ACL. According to the American Academy of Orthopaedic Surgeons, the ACL injury mechanism can involve twisting, pivoting and awkward landings like in a slip-and-fall or trip-and-fall. An ACL tear is extremely painful, and the range of motion of the affected knee is severely restricted. ACL tear victims can expect surgery and a lengthy rehab period. Even with athletes, the knee is never really the same.

 

Owners and occupiers of retail establishments, homeowners, or even government entities can be held liable for slip-and-fall and trip-and-fall injuries and damages. If you or somebody close to you was injured in a fall resulting from a slip or trip, contact our offices by phone or email for a free consultation and case assessment. There’s no obligation, and if we’re retained, no legal fees are charged by us unless we obtain a settlement or verdict in the case. Consult with an experienced attorney such as the such as the personal injury lawyer St Paul MN locals turn to.


Thanks to authors at Johnston Martineau PLLP for their insight into Personal Injury Law.

 

 

Is Pain and Suffering Covered by Workers’ Compensation?

It is important to understand how workers’ compensation works as well as what your legal rights are.

You have the right to file a workers’ compensation claim if you are injured, become ill, or even die while on the job. These claims are to cover medical expenses, occupational rehabilitation expenses if needed, and any wages lost while out of work due to the injuries.  Your injuries may be substantial enough to cause long time and/or permanent pain.

Does Worker’s Compensation Cover Pain and Suffering?

Workers’ Compensation laws are specific to each state and are based on a no fault system, which means that the injuries are covered even when they are caused by the neglect or fault of the employee, as a worker’s compensation lawyer Milwaukee WI trusts can explain.  Workers’ compensation is an elective process by which you are essentially waiving your rights to pain and suffering when you file a workers’ compensation claim; therefore, you are not permitted to claim damages for pain and suffering.

What Rights do I Have if my Pain and Suffering was Caused by a Third Party?

With the exception of your employer, you can file a personal injury claim for any pain and suffering you have experienced against a third party that is the cause of an accident you suffered while on the job.  These injuries could be caused by the manufacturer of a product, another employee or an independent contractor. If your job related injuries were caused by a third party, you can file a workers’ compensation claim against your employer as well as file a separate lawsuit against any third party for personal injuries.

Pain and Suffering may be Recoverable by Workers’ Compensation.

It is actually possible to file a claim for pain and suffering under Worker’s Compensation.  In this case, you would have to file your claim under the Federal Employee Liability Act and not through the State which has limited laws.  This law was adopted for railroad workers and is not technically worker’s comp though. Also, in some states you can actually file a claim against your employer for mental and emotional distress. These cases are not easy to win but if you can prove that your employer has deliberately caused this distress, you can be successful. Another scenario would be if, after your work related accident, you have been diagnosed with PTSD or depression which was directly caused by your injuries; it is possible to recover medical benefits.


Thanks to our contributors from Hickey & Turim, SC for their insight into workers compensation and pain and suffering.

 

Probate and Wrongful Death

In a case of Wrongful Death, the estate is taken over by an appointed personal representative. The filing of the complaint on behalf of the decedent’s estate is included in their duties. It seems straightforward, but the process can be more difficult than that. A few key points are considered in such a case.

Who is Usually Chosen as Personal Representative?

If the decedent’s will names an executor, then the executor is responsible for estate administration and filing a complaint for a Wrongful Death action. If no will exists, then a statute will decide who is best to appoint as personal representative. Any heir may be appointed if they have received renunciations from another heir who has the same or more of a right to accept the role. If a surviving spouse does not act, then offspring have the right to act as executor.

Who Receives the Survival Claim?

If a will does exist, then the Survival Claim will be considered part of the estate and will be distributed as the will outlines. If a will was not left, the estate’s assets will be divided according to the the state’s intestacy statute. These statutes vary by state but the amount of each intestate portion generally depends on the surviving family. This includes groupings of:

  • Surviving spouse and parent of deceased, discluding children
  • Spouse and all children of the spouse and the deceased
  • Spouse and children, some that are only children of the deceased
  • Spouse and children of only the spouse
  • Stepchildren but no other descendants

Amounts awarded to each category is based on varied entitlements in each state.

Estate Taxes

Money and assets that are allocated to Wrongful Death claim are not affected by estate taxes–a common concern for families. However, any funds assigned to the Survival Claim are subject to estate taxes. There is a tax rate of forty percent on an excess of $5,250,000. State estate taxes gradually raises starting at 4.8 percent and landing around sixteen percent on amounts above $10,040,000. Inheritance taxes vary by state.

Estate planning is difficult from the beginning and only gets more complicated when suing for Wrongful Death. Your family and the deceased deserve justice and should seek legal advice to better their chances. Hiring an attorney to consult on issues of probate, personal injury, and wrongful death will provide you with a much better chance of your desired outcome than if the family files on its own. Be sure to consult a knowledgeable lawyer, like a probate lawyer Roseville CA can count on, about your particular case.


Thanks to our friends and contributors from Yee Law Group for their insight into probate and wrongful death.

 

Train Accidents

Collisions involving trains nearly always result in serious, catastrophic, or fatal injuries due to the force of the impact. Trains with 150 freight cars take over a mile to stop when traveling at 50 mph, according to the Federal Railroad Administration. The weight and speed of a train create a force of impact that is severe. The National Highway Traffic Safety Administration concluded that an individual is 20 times more likely to die in an accident with a train compared to any other vehicle.  Train crashes in the news tend to be dramatic events in which two trains collide or several cars derail, potentially spilling hazardous materials and injuring numerous passengers. However, there are thousands of train accidents each year, many of which go largely unnoticed by the public.

Train accidents take many forms, including:

  •      A collision between two trains
  •      A train derailing
  •      A train-motor vehicle collision
  •      A pedestrian being struck by a train

The victims of train accident may include:

  •      Passengers on the train
  •      Drivers or passengers of a motor vehicle
  •      Passengers disembarking from or waiting to board a train
  •      Bystanders

Many train accidents are not caused by mechanical failure but instead by the neglect and carelessness of conductors and engineers. Failing to pay attention to track signals can cause two engines to collide into one another. Ignoring posted speed limits may cause a passenger train to careen and tumble on sharp turns. No matter the true cause of a train accidents, the people who suffer injuries due to them should always be given appropriate compensation.  An attorney, like a personal injury attorney Atlanta GA counts on,  can assist you in determining the party at fault, the compensation available, and any additional information you are seeking in an attempt to remedy any inconvenience thrust upon you due to no fault of your own.

While train accidents are unforeseen, much is to be done when it comes to ensuring the safety of the passengers. In the event you or someone you know has been injured due to the negligence of a train conductor or mechanical failure, you should reach out to an attorney. By reaching out to an attorney you will have someone who can articulate your rights, clarify the negligent party, and confirm any possible financial compensation due to you.  Please reach contact an attorney in your area to find out what the next step is in being made whole following the accident.

 

Thanks to contributor Andrew R. Lynch, P.C. for their insight into train accidents and personal injury cases.

3 Ways Brain Injury Is Different in Personal Injury Law

Unfortunately, people suffer brain injuries on a daily basis. Whether they suffer a brain injury from a car accident or playing a sport, it can dramatically change their lives. People with brain injuries may not be able to return to work or resume their normal activities.

Many people think that all personal injury laws are the same. However, brain injury law is a lot more serious than other types of personal injury laws. Let’s take a closer look at some of the way brain injuries differ in personal injury law:

  1. Brain Injuries Can Be Hard to Diagnose

Believe it or not, many doctors have difficulty diagnosing brain injuries. There are many types of head injuries, such as concussions and traumatic brain injuries, and your doctor might not know which injury you have until serious symptoms show up. Although medical technology helps doctors diagnose brain injuries more efficiently than in the past, it can still take a while.

  1. Treatment May Last a Lifetime

Some brain injuries can be very severe and require years of recovery. People with brain injuries may need physical rehabilitation or have to stay months in a hospital. This can result in high medical costs. In the most extreme cases, brain injury victims may need care for the rest of their lives.

Brain injury victims can also suffer mental effects. They may become extremely irritable or have trouble concentrating on the simplest tasks.

  1. Brain Injury Cases Have a Lot at Stake

Severe brain injury cases are one of the most serious cases in personal injury law. This is because brain injuries can have devastating physical and mental impacts on individuals for the rest of their lives.

Your qualify of life can be affected from traumatic brain injuries. For example, your brain injury may cause you to have frequent seizures, preventing you from working your normal job. Treating a brain injury can also get extremely expensive. Many families have gone into bankruptcy from medical bills from brain injuries.

As you can see, brain injury cases are a lot more serious than other types of personal injury cases. If you suffered a brain injury, it is in your best interest to hire an experienced and dedicated attorney, like a brain injury lawyer Memphis TN trusts, as soon as possible. He or she can help you file a lawsuit and get the compensation you deserve for your brain injury.

 

Thanks to our friends from Darrell Castle and Associates, PLLC for their insights into brain and personal injury practice.

 

Does Health Insurance Cover Motorcycle Accidents?

The simple, generalized answer to this question is for the most part, yes. However, in some instances, this might depend upon the specific health insurance policy the victim has at the time of the incident. It can also be affected by the laws in the state where the insurance plan originates and whether the policy was underwritten by a private insurance company or is an employer-sponsored one.

 

Private insurers may cover the majority of expenses common to motorcycle accidents including:

  • Emergency room care.
  • Extended hospitals stays.
  • Outpatient visits.
  • Treatments and therapies.

That said, certain employer-provided policies might require the accident victim to reimburse the company, agency, or organization sponsoring the insurance plan if he or she was deemed not at fault and recouped damages from the individual(s) ruled to be responsible for the incident. This legal caveat is known as a subrogation agreement.

Nonetheless, a health insurance policy is critical to a motorcycle accident victim’s chances of avoiding financial hardship as a result of their injuries and potential income loss during his or her recovery time. This is because motorcycle insurance, which many states require motorcycle owners to carry, are typically not mandated to cover the policyholder’s hospital and associated medical bills.

While health insurance usually covers the accident victim’s medical costs, there are other important issues associated with motorcycle accidents and insurance.

 

Who Covers the Medical Costs of Other Victims?

Most motorcycle insurance policies include a provision known as Personal Injury Protection (PIP) coverage. Every motorcycle owner should include the PIP provision as part of his or her overall plan. It is important for motorcycle owners to understand that merely having insurance will not guarantee they’re fully covered for an accident. Only the PIP provision provides this safety net. Motorcycle insurance policies containing the PIP provision are expensive, but can be a worthwhile investment.

 

What Other Options Can be Taken?

If a motorcycle rider was not be responsible for the accident, he or she should refrain from using their private health insurance to pay for their damages unless absolutely necessary. A better option would be to receive coverage under the at-fault person’s PIP provision (if another motorcycle was involved in the accident) or their auto liability coverage. By taking this action, a motorcycle owner can avoid higher insurance premiums that could be levied as the result of making what will likely be extensive and costly claims.

 

Safety Measures

By taking as many safety precautions as possible, a motorcycle rider can often avoid accidents entirely. Though there is no guarantee that other drivers won’t cause an accident that involves you, these safety tips may help protect you:

 

  • Ensure your motorcycle is equipped with as many safety features as possible. Before every ride, make sure the headlight and brake lights are working. Also check the horn and turn signals.
  • Whenever possible, ride your motorcycle as part of a group of riders. Riding with other bikers has been known to make other motorists more cognizant of a motorcycle’s presence.
  • Wear protective gear including a DOT-approved helmet with a visor or goggles, chaps, boots, etc..
  • Ensure the cycle is in good mechanical condition, which requires frequent visits to a mechanic if you do not perform the work and repairs yourself.

 

If you’re a biker who was seriously injured by another rider or driver, contact a personal injury lawyer such as the Motorcycle accident lawyer Las Vegas, NV locals trust as soon as possible to make sure your legal rights are being protected.

 Nadia von Magdenko & Associates Attorneys at accident injury Law Las VegasThanks to authors at Nadia Von Magdenko for their insight into Personal Injury Law.