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Travel and Workplace Injuries: What Qualifies for Workers’ Compensation?

When you’re injured while on the road, you might begin to wonder if it qualifies for workers’ compensation. Every situation is different, and you’ll want to speak with the workers’ compensation board in your state to truly understand what you’re entitled to. The following are some scenarios to help you understand.

Injured While Driving Home From Work

In most cases, if you’re injured while driving home from work, you are not entitled to workers’ compensation. You already clocked out, have left the property and are now on your own time. If you drive a company vehicle, however, you might be entitled to workers’ compensation, but only if you go straight from work to home. If you make any stops along the way, it could forfeit your right to compensation.

What if you work remotely? Coverage might depend on your contract and your agreement with your employer. For example, if you are a door-to-door salesman, and your agreement states the work day begins at the first home and ends at the last home, you wouldn’t be entitled to workers’ compensation between the last home you make a call at and your own home. If your agreement states the work day begins as you pull out of your own driveway and ends when you pull back in, you could be entitled to workers’ compensation on your way home.

Injured While at An Out-of-Town Conference

Imagine you have to go out of town to a conference for work. If you’re injured in a car accident, do you receive workers’ compensation? Again, it depends on the specifics of the situation and the agreement you have with your employer. If the conference is three days long, and your accident happens on the second day, you’re probably entitled to coverage.

If your accident happens on day five, it wouldn’t be within the time of the conference, and you probably wouldn’t be entitled to coverage. You most likely extended your stay for personal reasons, making the accident unrelated to your job.

Injured While Running Errands During Your Work Day

Sometimes you have to run errands during the day. Maybe you stop somewhere while on your lunch break, or maybe you take some time off to get those things done. In either case, you’re typically not given workers’ compensation benefits to cover injuries sustained in an accident while running personal errands.

If your errands include picking up paper for the office, you might be entitled to compensation. If you’re doing it as a gift for your boss, you may not have coverage, but if your boss asks you to pick up the paper while you’re out, you probably have coverage.

Getting Your Lawyer on the Case

Workplace accidents can be tricky when they involve car accidents, as a workers compensation lawyer, like from The Law Offices of Mark T. Hurt, can explain. Get a workers’ compensation lawyer on the case if you need assistance receiving the compensation you deserve.

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What Do I Do if the Other Driver Doesn’t Have Insurance?

If you’ve ever been in a car accident, you know how scary and stressful it can be. A glimmer of hope and solace is offered in knowing that automobile insurance will help cover the costs of property damages and personal injuries. If you were not at-fault, you can file a claim against the other party’s insurance. But what if that other driver doesn’t have insurance? Fear not, there are still a few options to help you recuperate your losses.

File a Lawsuit

If the at-fault driver didn’t have insurance, you can try to make a claim against the person themselves by filing a complaint in the local court system. However, this option is rarely pursued with uninsured motorists.  Since the driver didn’t have auto insurance to begin with, chances are they won’t have the money to compensate you. Lawsuits can quickly become expensive and your chances of recuperating your property damage, personal injury, and lawsuit costs are slim to none.

Protect Yourself Through Insurance

Experts estimate 1 in 7 drivers are uninsured. Don’t rely on the other drivers to offer insurance compensation in the event of an accident. Protect yourself and your loved ones but adding uninsured/underinsured driver coverage and collision coverage to your automobile insurance policy.

  • Uninsured Driver Coverage

If the person who hits you has no auto insurance, there is not much you can do in the way of making a claim as there is no third-party insurance company. For exactly this reason, many states either require drivers to have, or at least require automobile insurance companies to offer, uninsured driver coverage.  If you are unable to make a claim against the other party, you can make a claim with your own insurance company and be offered coverage by this policy. There is often a cap to this coverage, so it won’t always cover everything, but it can be better than nothing!

  • Underinsured Driver Coverage

Similar to uninsured, underinsured driver coverage helps protect you in the event that the at-fault party does not have ENOUGH coverage to fully compensate you. This coverage is often offered as a bundle package with uninsured driver coverage.

  • Collision Coverage

Collision is another good coverage to add to your policy. Collision coverage will help pay for the repair to your damaged car if you are struck by an uninsured (or hit-and-run) driver. Be aware that this coverage only applies to the property damage to your vehicle, NOT to any personal injuries sustained.

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The Questions You Need to Ask About Punitive Damages

Personal Injury Lawyer

If you are filing a civil claim against another party for personal injury, you may have to pay punitive damages. When you file a lawsuit, there are compensatory damages and punitive damages. While compensatory damages are tangible damages, punitive damages are a little more difficult to understand. When it comes to a punitive award, most plaintiffs have a couple questions regarding the award.

Do You Deserve Punitive Damages?

To receive punitive damages, the actions of the defendant had to be egregious. For instance, say that a company sells you supplements and claims that they are safe but then you became extremely ill due to it. You may be able to file a lawsuit against the company for lost wages and your medical expenses. If it turns out that an ingredient reacted poorly with your medication, you could make the claim that the company should have had a warning. In this case, a jury may decide that the company not only owes you compensation for damages but should also pay punitive damages.

While personal injury lawsuits already have to involve some level of negligence, negligence does not necessarily mean that the action was egregious. Often, punitive damages are supposed to deter the person and others from behaving in a similar way. Not all cases are awarded punitive damages. Often, juries will award punitive damages when the actions were malicious.

Is There a Limit on Punitive Damages?

In some states, there is a cap on punitive damages. An example of a cap would be that you cannot receive punitive damages that are worth more than your compensatory damages. While some states may not have a cap, there still may be guidelines. Normally, the punitive damages have to be reasonable in comparison to the compensatory damages. These caps and laws may change constantly, however. It is important to discuss the caps with a personal injury lawyer.

When you file a personal injury lawsuit, your main priority is normally to receive compensatory damages. This award is there to pay for your medical bills, lost wages and any other costs that you suffered due to your injury or illness. In some instances, however, a person may act particularly egregious or the person may have acted out of malice. In these cases, you may be able to receive punitive damages. To find out if you have a case, contact a personal injury lawyer, like the office of The Law Firm of Frederick J. Brynn, P.C.

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How Negligence Affects Your Personal Injury Case

Negligence is a factor that can determine who must pay for injuries caused in an accident. Negligence usually lands on the shoulders of the person who is found at fault, but determining that blame is not always straightforward or easy. Understanding how negligence works and how it affects you is the first step toward filing a successful claim.

Defining Negligence

In the case of car accidents, negligence is determined based on who is found responsible for causing the accident. Every time a driver gets behind the wheel, he or she is under a kind of contract called “duty of care.” This simply runs along the lines that each driver takes it upon themselves not to cause injuries to anyone, place anyone in danger or cause damage as a result of their actions. A failure to do so is considered a breach of that contract and is, therefore, negligence. Whether it was reckless driving, drinking and driving, speeding, or any other form of carelessness, that driver can be held liable for injuries he or she caused.

Proving Negligence

Simply saying that you are the victim of another’s negligence after an accident is not enough. You must prove that the other driver was negligent and caused the crash. Furthermore, you must prove that the accident directly caused your injuries. This grants you the rightful opportunity to seek compensation for your medical expenses in the court’s eyes.

Evidence Needed to Prove Fault

The injuries you sustain from an accident can have a direct impact on your financial situation. You may lose wages because you can’t work, and medical bills may start piling up. To gain the compensation to cover these costs, you’ll need to prove to the insurance company, and the court, if necessary, that the other driver was negligent and their insurance needs to cover your losses. Try to gather and keep track of important documents that you can later use to present your case, such as:

  • Police reports
  • Doctor reports
  • Medical bills
  • Proof of lost wages
  • Personal notes about the accident
  • Eyewitness statements of the accident
  • Pictures of the accident site and any damage

It’s essential to seek out medical attention shortly after the accident. You’ll need a doctor’s report to prove that your injuries were a direct result of the crash.

If you’re ever uncertain of your stance, or if an insurance company is trying to pay you less than you deserve, contact a lawyer. He or she can help you work through options and set you on the right path to recovery.

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Top Motorcycle Insurance Questions

All motorcycle owners must have motorcycle insurance to cover them in case of an accident, but what does it cover? Motorcycle insurance offers slightly different benefits than regular car insurance, like personal injury protection options and laid up coverage when your motorcycle is stored in non-driving seasons. Since most motorcycles usually only carry one person, passenger protection is generally not included. Here are some other common questions you may have about motorcycle insurance.

What Does the Insurance Cover?

Standard insurance covers damage to your motorcycle and any harm or damage you do to another person on the road. It also covers damages should you be guilty of causing the accident. The most basic insurance does not include coverage for injuries you sustain, but you can add extra coverage onto your plan for that.

What Add-Ons Can Be Included?

Optional additions include coverage for a new bike if the old gets totaled, damage not caused in an accident, personal injuries and medical costs, uninsured motorists and damage to gear, such as sidecars and helmets. Add-ons can increase your monthly premiums, but they can also do a world of good if you do get in an accident. Consider how often you drive and where you drive when deciding what add-ons to include in coverage.

Is Motorcycle Insurance More Expensive Than a Car?

Just like car insurance, safer drivers can get decreased premiums. However, motorcycle insurance is generally higher because of the nature of the vehicle. The driver is exposed and more prone to serious injury in a wreck. Motorcycles are also more likely to get into accidents. All of these factors contribute to the higher rates.

How Do You Make a Motorcycle Insurance Claim?

If you get in an accident, you’ll want to inform your insurance company and make a claim. If the other driver was negligent and caused the accident, you can file a claim with their insurance. Just like car insurance, you can claim up to the limit of your coverage depending on associated costs and damages. The specifics of your claim will depend on what add-ons you have purchased.

Talk to your insurance company to discuss exactly what your coverage offers and ask about add-ons that may benefit you. If you struggle with filing a claim or are battling the insurance company for rightful compensation, reach out to a lawyer for professional advice and guidance. Every claim is different, and there may be state laws that affect your case. A local attorney or law firm, like the motorcycle accident lawyers, at David & Philpot, PL, likely have the resources to help you choose the best course of action for recovery.

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5 Tips for Staying Safe During Your Holiday Travels

The holidays are a great time to get away and enjoy time somewhere new and exciting. Holiday travels often lead to holiday injuries, unfortunately. If you plan to be on the road during the holidays, the following are five tips to help keep you safe.

1. Take Your Car in for an Inspection

Before you hit the road, be sure your car is in the best shape possible. Have a certified mechanic give it a thorough inspection. If you’re going to be driving in weather conditions your car isn’t used to handling, mention that to the mechanic. There’s a possibility you’ll need new tires or something else to ensure safety while driving in unique weather situations.

2. Learn How to Drive in the Snow

If your holiday travels are taking you somewhere it snows but you’re from a very dry climate, you may want to learn how to drive in the snow. For example, do you know if it’s ok to pass a plow truck while he or she is plowing snow and putting down salt? If you slip on ice and start spinning one direction, do you know which direction to turn your steering wheel?

3. Map Your Route

You should always know where you are going and which roads you are going to take. Doing this will help you plan gas refill stops, bathroom breaks, and food stops. You should also have alternate routes planned in case of road construction or other unforeseen circumstances. Give your route to someone back home so if something does happen, that individual will know where to look for you.

4. Take Frequent Stops

It’s important you don’t sit in the car for too long. This can cause circulation problems, but it can also give you a headache, make your back hurt or cause you to fall asleep behind the wheel. You shouldn’t put off a meal and you shouldn’t put off using the restroom — supposing there are facilities you can access on a regular basis. If you’re in the middle of nowhere, it’s still important to stop and stretch your legs every couple hours, which also gives you renewed energy to keep going.

5. Carry a Phone Charger

More than likely, you’ll have a cellphone with you, and possibly a charger you can plug into the car. What happens if your phone has gone dead and your car battery dies? A portable charger is a great tool to carry on any road trip. When you stop to eat, plug it in at the restaurant. When you stop to sleep, plug it in at the hotel.

Receiving the Help You Need

Even after you’ve done everything to stay safe while traveling for the holidays, there’s a possibility you could become injured while on the road. Contact a lawyer, like a personal injury lawyer from Patterson Bray to get the help you need in dealing with such a situation.

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Are Lawyers Available for Defendants Who Can’t Afford to Pay for One?

The Sixth Amendment to the U.S. Constitution guarantees your right to assistance of counsel, i.e., an attorney, whenever you face criminal prosecution, as a criminal defense lawyer, such as from Daniel J. Wright, can explain. In addition, your Miranda rights consist of the following:

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed for you.

By virtue of these guarantees, yes, your state makes lawyers available to you when you cannot afford to hire a private criminal justice lawyer.

Public Defenders

Each state has what likely is called the Office of Public Defender. This state agency employs state-licensed lawyers to act as legal counsel in all state and county courts for indigent defendants who cannot afford to hire a private lawyer.

Keep in mind, however, that each state sets its own rules and requirements for what constitutes an indigent defendant. In other words, you must qualify to receive public defender representation. They don’t just appear automatically. The court must appoint them in qualifying cases.

Public Defender Limitations

Unfortunately, a public defender almost invariably has a huge case load. In addition, lawyers who work for the Office of Public Defender earn considerably lower salaries than lawyers who work for a law firm or as solo practitioners. These facts have the practical effect of most public defenders being young, inexperienced attorneys fresh out of law school who see a stint serving as a public defender as a stepping stone to a future more lucrative career.

A second practical effect of high caseloads combined with low salaries and insufficient state funding means that your public defender may well not have the time or resources to fully investigate your case or take it to trial. Rightly or wrongly, many public defenders see their main job as effectuating the best possible plea bargains for their clients.

Your Ultimate Choice

While the Sixth Amendment guarantees you the right to legal representation in criminal cases, it does not guarantee you the right to the best legal representation available. If there is any way for you and your family to raise the funds necessary to pay a private criminal defense attorney, this likely gives you your best chance of successfully defending against the charges against you at trial. If you absolutely cannot do this, however, accepting the services of a public defender, even with its inherent limitations, constitutes a far better choice than attempting to represent yourself.

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How to Find a Criminal Defense Lawyer

When charged with a crime, you have the right to an attorney. You’ll have the choice between a private attorney or a public defender. Public defenders are court-appointed whereas a private defense attorney serves individual and private clients. How can you find an attorney that you can trust with your representation?

Ask for Advice

Do you know anyone who has needed the services of a criminal defense lawyer? Ask those you trust if they have any suggestions. If anyone has hired a lawyer recently, find out what the outcome of his or her case was. Also, find out how hands-on the lawyer was or how much time he or she was able to give the case. When you ask friends or loved ones, they are less likely to suggest a lawyer that won’t be able to help you.

Do an Online Search

You can find out a lot about local lawyers on the internet. Search for lawyers in your local area who practice in the same area of law that your charges are in. Once you find a handful of lawyers, browse their site for practice information. Many lawyers have testimonials on their website. If you’re curious about reviews, research their firm or name. Most likely they will have clients that have reviewed them before.

Visit the Office

Once you narrow down the lawyers on your list, set up a consultation. During your consultation, you can ask the attorney questions about his or her experience. If you find a lawyer who has had cases like yours in the past, he or she will know how to build your defense. Do not be afraid to ask about pricing ahead of time. Most criminal defense lawyers charge by the hour. Be upfront about your budget and do not let yourself be surprised by the price later.

When you visit the office, you can also gauge how communicative the lawyer will be. Is he or she easy for you to talk to? A good lawyer will be open to talking to you, answering your questions and hearing your input about a case.If you’ve been charged with a crime, a private defense attorney is more likely to be able to build an effective defense for your case. Do not hesitate to set up a consultation with a criminal justice lawyer, like the ones at May Law, LLP, as soon as possible. The sooner that you begin the process, the more time you will have to build a solid case.

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Is Legal Punishment Considered Revenge?

Are you confused about the difference between revenge and legal punishment? If you are, you are not the only one. For centuries revenge and punishment have been intertwined and used interchangeably by writers and in legalese. While the phrases were once used synonymously, modern language finds the connotations are rapidly diverging. Here are a few of the differences.

Rational Action

Most people would agree that revenge is an active emotional response to a situation. The reaction to the situation can be instantaneous, heated, or overwhelming. Sometimes, revenge simmers and becomes a dark force taking over someone’s life. Justice is considered to be at the opposite end of the spectrum. Legally, the court’s actions are designed to be rational, joyless,, and methodical. Seeking to create an unbiased reaction to a situation that is equal to the demand by community standards for fairness, the sentence of justice is considered unbiased and neutral.

Emotional Closure

When an individual is injured by the actions of another, there is a need for emotional closure. Some believe an eye should be taken for an eye, while others want to be made whole. Neither solution is perfect, but rather than allowing a vigilante form of justice to prevail, the courts can step in and demand a financial reward to the plaintiff that allows an emotional closure. This monetary punishment is called “compensation,” and is sought to replace any vengeance or hostile acts against the defendant.

Social Phenomenon

Society demands punishment for individuals that harm others. Whether it is intentional or unintentional impacts the legal outcome, but every injury needs to be paid for. This social phenomenon allows the victim to become empowered and feel that the wrong he or she endured has been made right. The system is not perfect, and it is only acceptable when society agrees on culturally inspired resolutions to a problem.

Justice Argument

There is a type of justice reserved for horrific injuries intentionally caused by an individual with no thought for the safety of another – punitive damages. Although some argue punitive rulings are vengeful actions by the court, other individuals claim the terrible acts of the defendant were so reprehensible that simple compensation is not enough to keep the offender from doing the same thing again. Punitive damages do send a strong message about what is socially acceptable.If you are injured through no fault of your own, contact a lawyer, like a personal injury lawyer from Johnston Martineau, PLLP, as soon as possible. He or she can help you understand your rights to receive compensation for your damages.

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Factors That Determine How Long Your Wrongful Death Case Will Last

Personal Injury Lawyer

One of the first things you might ask after deciding to pursue a wrongful death case is, “How long will the case last?” Unfortunately, there’s not a one-size-fits-all answer, as every case is different with a unique set of circumstances. One case could last six to nine months, and another could last three or four years. There are some factors you can look at that will help you determine the length of your case.

Liability

The court will probably take a nice long look at the individual or entity liable for your loved one’s death. You won’t have a case if nobody is determined to be at fault, so this can actually play in your favor. If there are multiple parties at fault, you may be able to sue all of the parties, possibly recovering more than if you were to only sue one party. While this is often a benefit to you and your family, it could take a while for liability to be settled on.

Discovery

Your lawyer and the opposing party’s lawyer will take some time to uncover evidence needed to prove the case. Your lawyer will probably collect medical statements, witness information, photographic evidence and other items that will help you prove the liable party caused your loved one’s death unnecessarily. The other party will also collect items to try and show he or she wasn’t at fault for any death.

During discovery, both parties are required to hand over all the documents, statements and admissions for the other party to read through. This helps both sides be prepared when they head to court. It could also help you and your lawyer discredit some of the “evidence” the other party presents.

Witnesses

It could take some time for witnesses to come forward in your wrongful death case. Perhaps someone is afraid of getting killed themselves. Perhaps he or she didn’t know exactly what happened, and doesn’t want to share the little bit of information he or she does know. Other witnesses might have trouble with the law and are afraid of coming forward, and others might be minors. All of these issues could delay a case, but there are ways around each of them.

Getting Your Case Started

As you can see, there are a lot of things that might make a case last longer or be resolved more quickly, and this is only the beginning. To learn more and to get your case started, contact a personal injury lawyer, like from Darrell Castle & Associates, today.

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