Caring For Your Personal Injury

Posted by on Sep 22, 2017 in Personal Injury, Workers' Compensation | 0 comments

Personal injuries are more common than you think. With malfunctioning equipment, safety regulations, natural disasters, and more, injuries can happen at any time. When there is an injury on someone’s privately owned property, there is always legal action that can be taken. Injuries can be career-ending, and more often than not, these injuries can inhibit you from providing for yourself, your family, and maintaining your standard of living, so getting legal help can assist you in staying afloat.

In Chicago in 2015, during a storm, certain parts of the infrastructure collapsed, seriously injuring Tierney Darden, a dancer in the O’Hare International Airport. The bus shelter she was under during this storm of 2015, collapsed, and left the passionate dancer paralyzed from the waist down. Knowing they were at fault, the city of Chicago offered Darden a $22 million settlement. However, she declined the offer, taking the case to court.

 The young 26-year-old dancer suffered in pain, medical bills, and the inability to do what she loves most, dancing. Insulted by the $22 million, she asked for $175 million in court. The final verdict awarded Darden with $148 million which is almost seven times as much as they originally offered her. This $148 million stands as the biggest monetary award given to a personal injury case against the city of Chicago.

Even when the company, or city in this case, offers you a settlement, there are lawyers out there that can get you even more than the settlement. Accepting and declining settlements can be a gamble, so getting a good lawyer who knows when it’s a good idea to take a risk can point you in the right direction on what to do when offered a settlement.

There is more compensation you can get from personal injury cases. Pain and suffering is a vague, subjective term, and with legal help, you can milk that term as much as you can to keep you and your family in a stable financial standing for as long as possible. After an accident, you need to focus on the recovery of yourself or your loved one, and dealing with legal jargon can often feel like a daunting task, so hiring a lawyer can take some of that weight off your shoulders. Defeating those massive corporations, or as Williams Kherkher calls them, “the big guys,” can seem like a David and Goliath tale, but with a strong case and equipped legal team, it is not impossible.

Personal injury cases are not person-to-person. They are person-to-corporation, and there tends to be much more money coming from larger corporations, or even cities. You do not have to handle the legal side of the case on your own, with help from good lawyers you can hopefully get the compensation you deserve to keep your family afloat. Recovery is enough to be thinking about in a time after an accident, but that doesn’t mean you shouldn’t take legal action, it just means you should get proper assistance.

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Is Your Workplace Dangerous? It’s More Likely Than You’d Think.

Posted by on Aug 14, 2017 in Workers' Compensation | 0 comments

Most people like to think that their workplace is a safe place. In reality, the workplace can cause harm or damage to employees, and companies don’t always act in their employees’ best interests. If you’ve been injured at work, going to the doctor immediately can increase your chances of compensation.

When determining if you have a viable work injury case on your hands, it’s important to discuss your case with an attorney. Some people believe a work-related injury should be compensated when in reality, the injury was caused by in some way by the injured employee. But if the injury was caused by mismanagement, overly relaxed safety regulations, poorly regulated or faulty equipment, or a dangerous environment, you could be able to earn repayment concerning the injury.

For example, common work-related injury cases involve chemicals in the work environment that damage human health such as asbestos. But cases can also include injuries obtained from work-related outings and events or exposure to hazards in the workplace. Assaults and workplace violence can also occur, as well as OSHA violations, falls, and crime. In fact, according to OSHA, every year there are more than 45000 work-related deaths. OSHA is an organization that attempts to place safety and health standards for workplace environments, so a failure of businesses to abide by these regulations may be to blame for your work-related injury. And the National Center for Biotechnology Information tells us that 30% of chemically-induced burns occurred in the workplace. Chemicals can also incur long term effects on the health and well-being of employees, so it’s especially important to discuss the specifics of your work related injury with an attorney.

For the best chance at winning compensation in a work related injury case, there are several things to avoid. First, if you wait too long to make a claim concerning your injury, your case might become null. Every state has different worker’s compensation laws, which includes a time frame for reporting injuries and making claims. Therefore, make your claim in a timely matter.

Second, if you don’t disclose all of the symptoms and problems arising from the injury, you might miss out on deserved compensation. For example, work related injuries can cause physical harm, mental harm, and monetary and property damages. Be sure to discuss all of the ways the injury has impacted your life.

Lastly, choosing not to have legal representation is often a big mistake that can lead to the loss of compensation. It takes a skilled team of professional attorneys to navigate the ins-and-outs of such cases, as finding loopholes and legal footholds are often difficult for an inexperienced person. It usually doesn’t hurt to consult an attorney to determine whether your case is viable and you might be eligible for compensation. From there, you can decide on the best route of action.

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Wrongful Termination after a Workplace Injury

Posted by on Oct 12, 2013 in Employment Law, Workers' Compensation | 0 comments

Work can be stressful, even when you are doing your dream job. There are things that may sometimes get the best of you, causing you to lower your guard and get injured in the process. Workplace injury is a very common thing that can happen to just about anyone. Even the most careful worker can be injured because of negligence of another worker, which can account for worker’s compensation benefits. However, be informed that being injured in the workplace is not grounds for termination.

A lot of workers who have been away from work for a long time due to injury or sickness and are on worker’s compensation have expressed their worries about being fired by their companies. This is why it is important to know that each and every worker is protected by various laws against unlawful termination, such as the from the Department of Labor, civil rights act, Equal Employment Opportunity laws, according to Cary Kane LLP. Loss of employment because of long absences due to workplace injury constitute for wrongful termination that can be a basis for a job loss lawsuit.

Because workplace injury covers a worker’s right for compensation, it is against the law for an employer to discriminate or fire a worker because of absences caused by the injury and the rehabilitation that comes with it. Based on an article from Scudder & Hedrick, PLLC, if you have a contract with an employer that guarantees a certain time frame and then these terms are violated, then you can contact an employment attorney to help you in your legal action.

When filing for wrongful termination because of workplace injury, it is important to remain calm and be honest about all the details to your employment lawyer. Being loud, angry or fighting with your employer can be too risky as it can be used against you, making you lose integrity in your case. When you have already filed your lawsuit, inform your lawyer beforehand about contacting your employer, co-worker or anyone that is associated with the case. Most wrongful termination cases are aimed for monetary compensation, although a worker can ask for reinstatement of employment and/or penalties that can be placed on the company that is at fault.

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