What Is Workers Compensation?

Workers’ compensation is a special benefit for people who sustain injuries while they are performing their work duties. The benefit covers a variety of work-related injuries. All businesses that have more than only a few employees are required by law to carry workers’ compensation. If required businesses do not, they are subject to severe fines and in some cases their business may be forced to shut down. The following information explains more about these benefits and how it works for employees. If you have questions or concerns about a workers compensation claim, consider contacting a workers comp lawyer.

Who Qualifies for Workers’ Compensation?

Anyone who is an employee of a company that is required to carry the insurance is technically eligible to receive assistance. The injury that the person claims must occur during the course of his or her work, however. The only exception to that rule is when the person’s job involves traveling. For example, a delivery person could get hurt while he or she is on a delivery, and that injury could possibly count as a workers’ compensation-eligible injury.

What Injuries Does It Cover?

Worker’s compensation covers a vast assortment of injuries and illnesses that occur during the course of the work process. Some of the most common injuries that people include in their claims are injuries like back sprains, broken arms and legs, burns, cuts, eye damage, and so on. Occupational illnesses count for workers’ compensation as well because they happen because the nature of the job exposes them to certain contaminants. In some states, mental and emotional turmoil can even count as a payable injury. It depends on the circumstance. Each case is an individual set of problems that may qualify for assistance.

What Do Workers’ Compensation Benefits Pay For?

Workers’ compensation covers a variety of elements for the person who requests it. One thing that it covers is the medical bills for the injured party. Any testing, medication, or therapeutic services can qualify for compensation. The insurance covers the person for a portion of his or her regular paycheck, as well. The worker gets a bit less than 67 percent of what he or she would normally earn on the job. Payments can come as early as eight days after approval, if the process goes smoothly.

How Does the Process Work?

The process starts with the employee reporting the injury to the supervisor. The next steps depend on the state, but either the employee or their employer must file the necessary paperwork to open a claim.

  • The employee must visit a doctor to validate the claim and receive payment.
  • The doctor then provides an injury diagnosis, documentation, and a recommendation as to whether the employee can return to work and when.
  • The issuing organization considers all of the documentation and makes a decision on the employee’s request.
  • If the claim is approved, the employee will receive payments until that person returns to work.

What if the Employer Was at Fault?

Sometimes, an on-the-job injury happens because of something the employer either did or failed to do. In that case, the injured party may be eligible to file a personal injury claim. A personal injury is one that occurs because of someone else’s negligence. An employer could be subject to a personal injury claim if they knowingly fail to fix an issue or do something that makes the work environment unsafe. An injured worker cannot pursue both resolutions, however. The person must choose to file either a personal injury claim or a workers’ compensation claim. The decision will likely primarily depend on the strength of the case. A workers compensation lawyer such as the Workers Compensation Attorneys Queens NY  locals trust can review the details of the case and provide a qualified legal opinion as to what the employee’s best option may be.


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

Could I Be Responsible for Another Driver’s Negligence?

It may be hard to believe, but you can be held responsible for a car accident even if you weren’t driving your vehicle. If someone else drives your vehicle and gets into the accident, you may be liable for the other driver’s damages.

According to the concept of imputed negligence, the responsibility of a vehicle accident can change from person to person depending on the circumstances as a car accident lawyer Milwaukee WI trusts can attest.

  1. A Child Drives Their Parent’s Car

Many parents allow their teenagers to drive their car sometimes. However, if their teenage driver causes an accident, they will be responsible for covering the damages, which may include medical expenses, lost wages and pain and suffering. If a teen driver gets into an accident with a bus, the expenses can get very high.

  • Negligent Entrustment: The negligent entrustment doctrine states that the person who gives another person permission to operate a vehicle will take responsibility for negligent behavior behind the wheel.
  • Family Purpose Doctrine: The family purpose doctrine states that the parent, who is the owner of the vehicle, will be led liable for the child’s negligence. Should the parents sign the minor’s driving license application, the signatory will automatically become legally answerable for the child’s negligent driving. 
  1. An Employee Driving a Company Vehicle

Some jobs require employees to drive a company vehicle. If an employee gets into an accident while behind the wheel of a company vehicle, the employer is held legally responsible. This is why most employers thoroughly check an applicant’s driving history before hiring them to drive a company vehicle. They want to make sure the job applicant hasn’t caused any accidents or has excessive points on his or her driving record.

  1. Lending Your Vehicle To Another Person

Individuals who want to lend their vehicles to family members or friends should consider the consequences first. If they allow to drive their car causes an accident, they will be responsible for all the accident damages.

  1. An Incompetent or Unfit Motorist Uses Your Vehicle

It’s against the law for individuals to to let incompetent drivers to operate their vehicle. These unfit drivers include intoxicated people, unlicensed motorists, elderly citizens who lose their driver’s licenses and drivers with a reckless driving history.

Some area requires individuals to acquire a special license before operating a bus. Those who don’t carry this license are considered unfit to drive a bus.

Thanks to our contributors from Hickey & Turim, SC for their insight into personal injury and car accident cases.


Real Estate and Estate Plans

Real estate has long been considered a legitimate investment. Various forms of real estate investment exist, including but not limited to:

  • Purchasing for the equity. Individuals may wish to buy a home because they feel the deal is exceptional. Perhaps, the home was foreclosed on. The home could have some minor aesthetic flaws that can be affordably corrected. Whatever the reason for the attractive property price, investors may wish to purchase and then later sell for a profit, or, purchase and obtain an equity line of credit. Either way, occasionally there are fast paced options to turn a profit on a property.
  • Purchasing to rent. An investor could purchase with the intent to rent. In some cases, the rent collected from the tenant can exceed the cost of the mortgage or other expenses. A positive cash flow can be acquired through rental transactions.
  • Real Estate Investment Trusts (REIT). A REIT is an investment similar to a mutual fund, where individuals invest in an organization that finances, or owns real estate that produces income. The amount of money earned and invested will vary depending on the specific REIT, but it is an option to invest in real estate without being required to purchase.

When purchasing a property, an individual may encounter legal obstacles. Real estate attorneys are trained to solve legal dilemmas regarding real estate. Some individuals seek the aid of a real estate attorney when developing a contract for the transaction. A real estate lawyer may be able to formulate a contract to fit the needs of the buyer or seller, should special requirements be necessary.

Many fiscally adept individuals will invest their earnings in an investment portfolio of some type. It may include owning the entirety of a property or investing with others in a REIT. Unfortunately, some investors incur injuries or accidents prior to liquidating their assets. The families are left to address the assets and may be required to determine how they will be distributed to the other members. This can often turn a stage of mourning into a stressful, and occasionally, hostile situation.

Fortunately, there are estate planning options, as an estate planning lawyer Roseville CA trusts can attest. If you have acquired significant assets through investing, it may benefit you to develop an estate plan. A will can be created to predetermine how assets will be allocated after your passing. An estate planning attorney will be familiar with the development of a will and may be able to assist in your estate planning process.

Thanks to our friends and contributors from Yee Law Group for their insight into real estate and estate plans.

Road Rash

Road rash is a term used to describe any type of soft tissue damage or skin abrasion caused by scrapes against gravel, pavement, or other surfaces. These injuries are most frequently sustained by motorcycle and bicycle riders, as they are incredibly vulnerable to coming into contact with the ground or other objects during accidents. Depending on a number of factors, including the protection worn by victims and the speed a motorcycle or bicycle was traveling prior to impact, road rash injuries can range in severity. From minor abrasions to extensive soft tissue damage and bone breaks, these injuries can significantly impact the physical, emotional, and financial well-being of victims.

        The road surface is key to the severity of your road rash. Gravel, bits of broken glass, road debris, and metal fragments can become embedded in your skin, especially during an accident. These items can increase the likelihood of bikers developing serious infections and can prolong recovery time.  They are as follows:

      First Degree Road Rash: This type of road rash is very minor and usually does not require medical treatment. It can be a bit painful, but the skin is not broken, just reddened.

      Second Degree Road Rash: This type of road rash involves a minor breaking of the outer layer of skin. There can be bleeding, pain, and limited movement, but over the counter ointment is usually all that is needed to treat this rash.

      Third Degree Road Rash: This is extremely severe and occurs when all 5 layers of skin are exposed. This road rash is very susceptible to infections and those infections can be life threatening, especially MRSA. In addition, this type of road rash can result in permanent disfigurement, requiring multiple cosmetic surgeries and skin grafts to repair. IV antibiotics are often needed and permanent muscle, nerve, and tissue damage can occur without proper treatment.

Despite the caution taken by most riders and while they do obey the rules of the road, one cannot account for the negligence or malfeasance of drivers.  As long as the necessary care is being taken to ensure the greatest level of safety for the rider, distracted drivers are always a bit of a wild card . If you or someone you know has been the victim of circumstances similar to the ones previously mentioned, please contact an attorney, like a personal injury lawyer Atlanta GA motorcyclist can trusts, to better understand your rights and options.

Thanks to contributor Andrew R. Lynch, P.C. for their insight into motorcycle accidents, road rash, and personal injury practice.


Traumatic Dental Injuries in Permanent Teeth

Traumatic dental injuries can happen in accidents or while playing sports. Chipped teeth is the most common traumatic dental injury. Teeth can also get displaced or knocked out. These injuries can be very painful and cause serious complications if they aren’t treated right away. If your tooth is injured or cracked, you should see your dentist as soon as possible.

Management and Treatment

Chipped or Fractured Teeth

Chipped or fractured teeth can typically be fixed by reattaching the broken piece or by using a tooth-colored filling. However, if a lot of the tooth breaks off, a crown may be necessary. If there is damage to the pulp of the tooth, a root canal may be required.

Displaced Teeth

An accident can push a tooth sideways or out of its socket.This can make the tooth become loose.  In many cases, root canal treatment is needed to fix this issue. Your dentist will put a permanent filling on the tooth in the future.

Root canals aren’t typically necessary for children between six and 12 years old because they don’t have all of their permanent teeth. An endodontist will monitor a child’s tooth’s healing and take actions if changes develop.

Knocked-Out (Avulsed) Teeth

It’s important to see a dentist immediately if your tooth gets knocked out. The sooner you take action, the better your prognosis. If your condition isn’t too bad, your dentist may be able to place the tooth back in its socket and put a flexible splint on it for a few weeks. Your dentist may also recommend a root canal treatment seven to 10 days later.

There are a few factors that can determine the chances of saving a tooth, such as how long the tooth was out of the mouth.

Root Fractures

A horizontal root fracture can also occur from a traumatic dental injury. The prognosis of this injury depends on the location of the fracture. Fractures closer to the root tip are easier to heal than fractures closer to the gum line.

Follow up

After you get treated for your dental injury, you should get checkups with your dentist on a regular basis. He or she will monitor the healing process and complications that may happen. For example, sometimes the body can reject the tooth and make the root dissolve. If you are experiencing any excessive pain or swelling during the healing process, let your dentist know. Speak with an experienced attorney such as the personal injury lawyer Cheyenne WY locals trust.

Thanks to authors at Canon Hadfield Stieben and Doutt for their insight into Personal Injury Law.


Top 5 Things to Do After Filing for Divorce

Divorce happens to the best of us. Couples do not anticipate a divorce impacting their lives as they say their vows at an altar together. As devastating as separating from your spouse may be, there are ways to keep yourself focused and keep your mind set on future possibilities. After officially submitting a request for divorce, the time is yours for healing and moving on.

#1 Forgive Yourself

Divorce may cause plenty of mixed emotions and difficult thoughts to process. During this time it is important that you remain open and forgiving, especially to yourself. Venting and talking with loved ones can get out pent up feelings and get you on the road to emotional divorce recovery.

#2 Seek an Attorney

Regardless of if your divorce is amicable or not, it is recommended you seek the counsel of an experienced lawyer. They can give you advice and help with the divorce proceedings. In the case that divorce is settled in court, an attorney can speak up on your behalf. Your spouse may become volatile and resentful. Having the support of a legal professional can alleviate stress and establish a point person for communicating with your partner if they become difficult.

#3 List your Assets

Make a list of all the items in your home that are yours; furniture, mirrors, appliances, chairs, desks, art, lighting, etc. Write these items down to go over with your lawyer so they can ensure to fight for your ownership rights of these treasures, and that your spouse does not steal them from you.

#4 Hire a Moving Company

Hiring a moving professional is important, but can be often forgotten about during the divorce settlement process. It will be useful to designate a company to move you or your spouse’s belongings out of the shared home. This can keep you from seeing your former partner more than necessary. It also frees up much time and energy up for you to take on other tasks needed to complete the divorce. Some moving companies also offer cleaning services so you can arrive to your new home with a fresh feel, or deep clean once your partner has moved out. Long distance moving companies Alexandria VA residents turn to can help you start fresh.

#5 Travel

Start thinking about where you want to splurge and travel to after submitting your divorce paperwork. Go anywhere that means something to you and will allow you to fully enjoy yourself. Try to avoid romantic scenes, and perhaps pick a destination full of adventure and meeting new people!

Divorce can be a trying and emotionally awful time for anyone. Do not overwork yourself and hire an attorney so you do not miss filling out any required paperwork. More than ever, you need to focus on your needs and keep yourself healthy while sorting through the various steps of a divorce. Do not be afraid to ask for help from family and loved ones, along with hiring companies to be of assistance if needed.

A big thank you to Suburban Solutions for providing us with resources and information on what levels of services a moving company can offer the community.

Should You Hire an Attorney for a Deposition?

Although it is common to focus on a jury, judge, and a trial as a whole in a case on television or the news, there are actually a lot of other steps that make up a court proceeding. The pre trial testimonies, which are also known as depositions, are when an expert or witness testifies under oath for the case. It usually takes place in a lawyer’s office or a conference room that the press cannot get into, and are transcribed by a court reporting company New Jersey trusts. A deposition can be beneficial and a bad thing at the same time because they can commit you to a certain position through the entirety of the trial, but can also bring up settlement conversation.

Pre trial depositions are considered to be legal proceedings, so if you are involved in one you will be asked if you would like an attorney present. Whether you are involved as a defendant or plaintiff in a lawsuit, you may have to go through the pre trial deposition. You are allowed to represent yourself in a lawsuit, but it is advised that you do not because  your deposition testimony will be most likely be used at trial and any form of inconsistency in your statement can have a very bad impact on your trial’s outcome. During your deposition, the opposing counsel also has a lot more freedom in what they are allowed to ask you. Having a lawyer present can help because they will coach you through your testimony beforehand and offer up practice questions.

Deposition Testimony For a Witness

If you have been summoned as a witness to a case, you should definitely consider hiring an attorney to represent you. It is not a matter of if you are involved directly with the case, it is simply to protect your rights. The outcome of not having a lawyer present can affect your family, yourself, or even your employer. You must testify under oath when present at the deposition, and many questions can be tricky and intended for you to fumble your words. Anything you say can be used against you, so hiring a lawyer to help you through this process can be of great help.

Employer Can Pay For Legal Counsel

Being called to testify at a deposition can be intimidating. If you have been summoned to court to act as a witness on the part of your employer, you can ask your employer to pay for legal counsel. Your employer may comply because it is in their best interest, since you are testifying for their company’s benefit. They may directly pay for an attorney or reimburse you after you have done so.

VeritextThanks to our friends and contributors from Veritext for their insight into depositions.

Will a personal injury award be considered marital property in a divorce?


The answer to this question, like most other legal question is “It depends.” The answer will also require that we define our terms here.

Marital Property – Assets that belong to both spouses and each is entitled to their marital portion.

Separate Property – Assets that belong to only one spouse because of its intensely personal nature, or because it was owned prior to the marriage, or inherited.

First and foremost, the answer depends on where you live. Is your state a “Community Property” State or an ‘Equitable Division” State? In a Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.) the court will divide all marital property down the middle, meaning your personal injury award could be divided 50/50 between you and your spouse. This is an Equal division.

An equitable division is not necessarily equal. It allows for more of an argument about what is fair to be divided between the spouses. In an equitable division state, your spouse’s attorney may argue that certain parts of the personal injury award is owed to a non-injured spouse. But they would likely be limited in their claim to only the monetary and measurable awards such as for lost wages, medical bill reimbursement, expenses associated with the injury etc. A non-injured spouse likely would not prevail in their argument that they were entitled to a portion of the payout for a lost limb for instance since that is a harm that only the injured spouse endured, and will continue to endure after the marriage is ended, and therefore, if we are being fair and equitable, only the injured spouse should receive the benefit for.

Another option for the non-injured spouse is to not seek a division of the personal injury award at all. Why? Because if there is a spousal support award, the court can treat that settlement money as income to try to raise that alimony amount. The same logic would be applied to a child support calculation as well. This tactic would largely depend on whether or not there was a lump sum payout or if it is a structured settlement that is paid out over time.

The big takeaway is you don’t know what you don’t know and that is why it is essential to have an advocate who can negotiate these complicated discussions for you such as the Family Lawyer Worthington OH locals trust. Another good idea is to consult your tax advisor to determine what kind of tax consequences will happen as a result of any kind of monetary settlement.

Law Firm of Doty & Obenour Thanks to Authors at Doty & Obenour LLC for their insight into Family Law and Personal Injury.

You Slipped and Fell, Now What?


            We’ve all been there: walking down the aisle of the local store, unaware of any hazard on the floor, and then, the next instant you are landing hard on the floor with your foot underneath you. Even if you aren’t immediately thinking about filing a lawsuit, there are some things to take notice of in the immediate aftermath to ensure that if you do end up filing suit, you will have enough background information to at least bolster your case when you bring it to an attorney, like a personal injury lawyer Delray Beach FL relies on, for evaluation.

First, get medical treatment if you need it. This is particularly true if your head hits the floor or ground, if you have existing injuries that could have been exacerbated by the fall, and if you have pain in unusual places which could denote internal injuries. Not only does this ensure that your medical needs are taken care of, particularly if there are head injuries or broken bones, but it also provides solid documentation of the medical details of your injury in the immediate aftermath.

Second, inspect the area where you fell. It is rare that someone slips on a floor without some other catalyst such as a carpet snag, freshly waxed floors, prior liquid spill, or even water other people have brought in from outside during a rainstorm. Prepare a written version of the accident including descriptions of the area where you fell and the conditions that could have precipitated the fall. Photographs are always useful in this regard.

Third, find your witnesses. Chances are if you slip and fall in public, there will be at least one person who witnessed the accident from a uniquely different vantage point. Make a point of reaching out to this person if you can at the store or location of the fall to get their contact information and name. It is also helpful to find witnesses who saw you in the area before the fall who can attest to your ability to ambulate before the accident. These witnesses may become particularly helpful in the event the owner of the property disputes your version of the events.

Fourth, follow the required procedures. If you fall in a store, a public building, or some other quasi-public place, the landowner may have some protocol that you will need to follow in order to be able to have your claim considered. For example, a store may require you to fill out an incident report detailing the accident and its surrounding circumstances. At a bare minimum, make certain that a manager or director is notified of the incident so that they can activate their protocols for this kind of incident. Be cognizant of what information you are given by the manager at the time, particularly statements regarding the hazardous nature of this particular area or claims of recent prior falls.

Finally, as soon as you have gathered your information, photographs, and incident reports, find a reputable personal injury attorney who can evaluate your case and determine what remedies, if any, you may have.

Eric H. Luckman Board Certified Trial LawyerThanks to our friends and contributors from the Law Offices of Eric H. Luckman, P.A. for their insight into personal injury and slip and fall cases.

What is the Process For Filing a Personal Injury Lawsuit?

While a personal injury lawsuit varies depending on the circumstances of the accident, there are common elements in every case. Before a lawsuit is filed, there must be proof of injuries. Furthermore, your lawyer, like a personal injury lawyer Loveland CO can count on, will evaluate your case to determine fault and whether or not you have a valid claim. If your case is viable, then you can expect to go through the following stages during the lawsuit process.


Filing a Complaint

The complaint is the first document in a personal injury lawsuit. It lays out in detail what you claim the defendant did.

  • After filing the complaint, your attorney is required to locate the accused party and serve the complaint on them.
  • The complaint should be physically delivered to the defendant in a manner that can be proved later that it was in fact delivered.
  • The complaint will inform the defendant about the date they are required to appear in court.
  • The defendant will have a month to hire a lawyer and appear in court.



After the first court appearance, the next stage in a personal injury lawsuit is the discovery phase. This process allows both parties in the lawsuit to gather facts from each other. This process is conducted to reduce unexpected surprises during trial and allows both sides to prepare for the case. The three main methods used in the discovery process are written discovery, production of documents, and depositions.


  1. Written discovery consists of requests for admission and interrogatories. Requests for admission simply ask a person to either deny or admit certain facts associated with the case. Interrogatories are questions that require you to give your version of facts and your claims. There are limits to how many requests for admission and interrogatories that each side can ask.
  2. Document production is where each party asks the other party to present documents that are relevant to the case. Some of the documents requested include medical and business records. The courts may also allow computer files in the document discovery phase.
  3. A deposition is another crucial discovery tool. During a deposition, a person answers an attorney’s questions under oath and a court reporter transcribes the proceedings of the deposition. The main reasons an attorney may insist on a deposition include; locking a person into their story, reviewing the other side’s statements, and gauging how a witness will conduct themselves in a court trial.



Many cases are settled before trial. Though parties can settle at any point, it’s typical to reach a settlement before the discovery process is over. This is especially true if the evidence establishing damages or liability is inconclusive.



If a settlement is not forth-coming, a judge or jury will examine the evidence and decide whether or not to hold the defendant legally responsible for injuries sustained by the plaintiff. During the trial, you have the opportunity to prove your case in the hope of getting a judgment in your favor. Also, the defendant will have a chance to refute your claims. A typical trial consists of the following stages:

  • Selection of a jury
  • Opening statements from both sides
  • Testimony of witnesses and cross-examination
  • Presentation of other evidence such as medical records and physical evidence from the accident scene
  • Closing statements from both sides
  • The judge gives instructions to the jury
  • Jury deliberation
  • The final verdict

If you have been involved in an accident which was not your fault, your first impulse should be to consider filing a claim against the at-fault party. Consult an attorney for in-depth information and counsel about the particulars of your personal injury case.

Cannon Hadfield Stieben & Doutt, LLC.Thanks to our friends and contributors from Cannon, Hadfield, Stieben & Doutt for their insight into filing personal injury lawsuits