Perhaps you’ve heard about workers’ compensation but aren’t too familiar with what it is and who it covers. Workers’ comp is insurance coverage that benefits most employees in the nation. Regardless of fault, employers are required to offer this to employees when they are injured on the job. There are a few things you can look at to determine whether you’re eligible for workers’ compensation.

Your Employer Must Be Covered

Most employers are required by law to be covered by workers’ compensation. Though laws vary by state, employers with at least one employee are typically required to carry this coverage. Some employers carry this type of insurance even if they don’t have to do it. This helps the company stay out of legal trouble if an employee gets injured and considers suing the business.

You Have to Be an Employee

There are a handful of requirements that indicate whether someone is an employee or not. For example, you’re considered an employee if your salary, hours and job security are controlled by the employer. Volunteers don’t get a salary, so they aren’t considered employees. Independent contractors don’t typically get their hours governed by an employer, so they aren’t considered employees either. Freelancers, farmworkers, consultants and other similar professionals may not be considered employees, so it’s important you figure that out before filing a claim.

Your Condition Must Be Directly Related to Work

Whether you have an injury or an illness, you must be able to prove it was a direct result of your line of work. For example, if you are a secretary and spend a considerable amount of time at the computer, your carpal tunnel syndrome could likely be the result of your job. If you are a secretary and get in a car accident while on your way home from work, your injury would probably not be related to your job.

You Must Meet All Deadlines

There are deadlines for which you have to report your injury or illness to your employer and there are deadlines for which you must file an insurance claim. It’s best to speak with an attorney to learn what all the deadlines are concerning your injury or illness so you don’t forfeit your rights due to being late.

Contacting a Lawyer Today

When you are injured or become ill on the job, you are entitled to a workers’ compensation claim. If you’re wondering whether your situation qualifies you for this benefit, contact a workers’ comp lawyer, like a workers compensation Attorneys in Milwaukee, WI, today to learn more.

Thank you to Hickey & Turim SC for their input into personal injury law.

It’s no secret that raising children costs a lot of money. They need everything from food and new clothes to money for activities. If your ex has suddenly stopped paying child support, it can make your situation even more difficult. You depend on that money to take care of your child’s basic needs. However, instead of going into a panic, take the necessary steps to rectify the situation.

Speak to Your Ex

The idea of talking to your ex about child support payments is daunting, especially if the two of you aren’t on the best of terms. However, it’s a necessary thing to do right now. Call your ex and calmly ask why he or she hasn’t been making child support payments. It’s possible that your ex has a perfectly good reason for stopping payments. Maybe he recently lost his job. Or perhaps he or she got seriously injured and has expensive medical bills to pay.

If your ex truly doesn’t have the money to pay child support right now, being understanding and trying to make a deal with him or her may be the best thing. For example, you could ask him or her to pay you a little something until he or she gets back his or her feet.

Figure Out a Different Way to Cover Your Expenses

If your ex is struggling to make ends meet right now, it could take a while to collect past due child support. That means you have to find another way to cover your bills in the meantime. For example, you could try cutting out certain expenses, like cable or restaurant trips. It may also be necessary for you to pick up another job to bring in extra income.

Contact a Family Lawyer

If you believe your ex doesn’t have a legitimate reason for not paying child support and you can afford the fees right now, you may want to talk to a family lawyer about your dilemma. He or she could send your ex a letter that demands payment. This can sometimes be enough to encourage a person to pay overdue child support.

Contact a Local Child Support Agency

If you’re unable to afford a lawyer right now, consider enlisting the help of your local support agency. These agencies work for the state and make sure that children receive the financial support they need. They can use several enforcement tools to make your ex pay child support, including wage deductions, license suspensions, federal tax income tax intercepts and even jail time.

If you have additional questions about child support, contact a Bloomington family lawyer today.

Thanks to Pioletti, Pioletti & Nichols for their insight into family law and steps to take if your ex isn’t paying child support.

A wrongful death lawsuit is about more than just money. It is about holding someone accountable for their harmful actions, obtaining justice for your lost loved one, and gaining closure for yourself. The success of a wrongful death suit can bring immense satisfaction in all three regards, but it is not easy to accomplish.

The results of a lawsuit are never guaranteed, but wrongful death cases in particular can be difficult to win. This doesn’t mean that you should not make the effort; it merely means that you need to do everything you can to give yourself an advantage in the case. A big part of that is finding the right attorney. Here are some ideas about how to find a wrongful death attorney and what specifically to look for in a lawyer.

1. Proven Track Record

It is not enough that the attorney you choose has years of experience practicing law. Because there are so many possible causes of wrongful death, he or she should have experience with cases that are similar to yours. You may be able to find this information on the attorney’s website or by finding news stories online about cases he or she has handled.

2. Communication Skills

You need an attorney who can not only communicate with you effectively, but who will also keep you in the loop regarding your case. An attorney with the necessary communication skills should respond to your calls promptly and answer your questions completely. If you are dissatisfied in either regard, you should consider hiring a different attorney.

3. Reputation

Your state bar association and the local courts should have information on the attorney’s record and whether he or she has a history of misconduct, disciplinary actions, or legal malpractice suits. You can find out how your attorney is viewed by peers by asking other lawyers about him or her. Asking the attorney directly for references is also a smart idea.

4. Case Assessment

You should ask the attorney what he or she thinks of your case and what your prospects should be in court. If the attorney seems to be making you a lot of unrealistic promises you should seek a second opinion before making any hiring decisions.

Finally, do not discount your gut instincts when deciding whether or not to hire an attorney. If he or she makes you feel uncomfortable for any reason during the consultation, it is perfectly fine to keep looking for someone else to represent your case. Contact a wrongful death attorney, like a wrongful death attorney in Lakeland, FL, to schedule a consultation.

Thanks to David & Philpot, PL for their insight into what qualities and stats to look for in a wrongful death attorney.

When a driver is arrested for DUI, no matter the exact circumstances of the event, it is a serious criminal charge. However, when the driver is cited for having injured or killed someone during the course of DUI, they can expect to receive the harshest of penalties upon conviction. The victim may have been a passenger, a pedestrian, or someone in another vehicle. If you were the driver charged with DUI and someone was harmed, you will need more than a traffic lawyer; you will need a respected and experienced DUI attorney, like a DUI attorney in MD, representing you. If your family member was the victim of a DUI driver, do not delay in contacting a personal injury lawyer for a consultation.

Every case is different because of the many variables that can come into play. This is why it’s important to consult a skilled attorney. He or she will be able to objectively determine the likely outcome for any given legal strategy based on recent court rulings and historical precedence. When a prosecutor pursues a DUI conviction of a driver who is accused of causing someone’s death, they may handle it in a few different ways. 

Criminal Charges Associated with DUI Resulting in a Fatality
Criminal laws and motor vehicle laws vary somewhat from state to state, and your attorney can clarify how your state’s laws will affect your case. The criminal charges that a DUI driver may face if they are accused of killing due to their DUI behavior, could include one or more of the following:

• Vehicular homicide
• DUI manslaughter
• Negligent homicide
• Aggravated DUI
• Vehicular manslaughter
• Murder

Understanding the Differences between Criminal Charges
In some states, the defendant’s intent at the time of the victim’s death is what will inform the prosecutor in terms of what charges to press against them. However, in all states, whether or not the driver intended to kill someone while DUI, their mental state at the time of the accident will not absolve them of the crime. To get a conviction on the DUI charge, the prosecutor merely needs to prove that the defendant was driving under the influence.

In other states, the prosecutor must prove that the defendant was in a negligent state of mind at the time of the DUI when he or she drove into the victim and killed them. If the prosecutor fails in this, they will not likely be successful in getting a DUI manslaughter conviction against the defendant. If the prosecutor wishes to pursue a conviction on the charge of vehicular manslaughter, they must prove that the defendant was grossly negligent or reckless.

For the prosecutor to successfully try a defendant for murder as a result of them killing someone while DUI, they must show that the defendant acted with extreme recklessness and exhibited a conscious disregard for human life.

Consult a Lawyer to Protect Your Legal Rights
Whether you or your family were the victim of a DUI driver, or were the driver, it’s essential that you consult a lawyer to protect your rights throughout the judicial process.

Thanks to The Lawfirm of Frederick J. Brynn, P.C. for their insight into what happens when someone who is driving under the influence gets into an accident that results in a death.

Workers’ comp is designed to protect anyone with a dangerous job. No matter what kind of injury it is, if it happens as a result of doing your job, workers’ comp will take care of you for any resulting expenses. This is a nation-wide system, but each state handles it slightly differently. This guide will explain all the issues that might arise if you live and work in two different states.

Filing for Workers’ Comp

The key thing to remember is that workers’ comp is handled on the employment side of things. So if you live in one state and work in another, you will handle it exactly as if you lived in whichever state you work in. It is the state you work in that matters and you can ignore the state you live in entirely.

To file for workers’ comp, all you have to do is report the injury to your employer. After that, it is the legal responsibility of your employer to file the claim. For the most part you can focus on getting better and let your employer take care of things. Your employer will likely provide you with some paperwork to sign, but that is it. While this is the case, it may be wise to check in with your employer occasionally to be sure he or she is continuing to handle things. You should hear whether your claim was accepted or rejected just a week or two after reporting the injury. If your employer does not file a claim, you may have the option of legal recourse against your employer.

Differences Between States

Workers’ compensation can function in one of two different ways, and each state chooses one of these two methods. They are:

• State run workers’ comp
• Privately run workers’ comp

If your state has a dedicated agency for workers’ comp, then things are very simple. Your employer files the claim with the agency. You also will know exactly who to report to if your employer fails to meet your workers’ comp rights.

If your state has privately run workers’ comp, it will work similar to insurance policies. Employers in these states are required to choose a private workers’ comp provider and pay regular fees to keep the benefit active at all times.

If you are injured while working and you do not work in the same state that you live in, your first step should be to figure out which system the state you work in uses. Speak with a workers’ compensation lawyer, like a workers’ compensation lawyer in Green Bay, WI, for more information on whether or not you may have a claim. 

Thanks to Hickey & Turim for their insight into how workers’ compensation is different if you live and work in different states.