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Workers' Compensation/Injuries
on the Job.
In 2003 the workers compensation laws were drastically changed.
Many of the workers rights under the law were limited. It is important
to understand the rules of procedure, Section 440 the statute that
regulates workers compensation and the manner in which insurance
companies handle cases.
Some important things to do and
know:
First, give your employer immediate notice of your injury
when you know of the on the job injury.
Ask for a copy of the filed notice of injury, an employer is
obligated to send to the insurance carrier after your notification.
Second,
seek medical treatment immediately. Emergency
care does not require notification to the carrier or employer. Still,
make sure you notify the carrier and
employer as soon as possible.
Third,
even if you have a workers compensation accident a third party
may also be liable for your personal injury.
Fourth,
you are not barred from a claim for an on the job injuries
because a third party has caused your injuries.
Fifth,
it is illegal for your employer to fire you because you want
to or have filed a workers compensation claim.
Last,
it is improper for an adjuster to tell
you to refrain from seeking legal counsel.
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ERISA / Disability.
There are several unique aspects of ERISA claims. You may know them by the terms of Short and Long Term Disability policies offered by your company should be unable to work because of illness or injury. Jon Lambe used to defend CNA Insurance Company and is fully aware of the procedures, pitfalls and analysis used by the adjusters in this industry.
Second, most if not all of these claims are filed in the Federal District Courts, a system with different time lines, rules and law. Should you have a dispute involving disability coverage with your insurance plan, remember a few things:
1. You must appeal the first denial within 60 days;
2. The insurance company must give you reasons for their denial;
3. Almost all the time the court makes the decision based on the file created by the insurance
company before their final decision. Therefore, it is very important to send all information that
may be relevant in to the insurance company before their final denial;
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Personal Injury / Accidents / Property Damage / Wrongful Death .
Many
different acts of negligence may lead you to the unfortunate result of personal
injuries. Some are minor and some are considered catastrophic. They all are
important to you and your life. So how much should an individual or a company
that caused your injuries pay you to make you whole? It varies. However, we
will work to obtain that amount for you. It is your decision on what is fair.
At the same time it is important to get your bills paid so you can continue
with a normal life without bills pilling up and creditor calling you. What
can you do to help us, even before you contact us?
First, for any injury take photos as soon as possible. The area where the
injury occurred could change the next day. Take pictures of your body as
bruises, cuts, and other body markings may fade. This enables a jury to see
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Overtime Pay.
If you do not meet the exemptions promulgated by the Department of Labor you are entitled to one and a half times your hourly salary when you have worked above 40 hours for a week. Even if you are paid salary, this does not mean you are not entitled to overtime pay. While there is much information regarding overtime the best thing to do is seek legal advice immediately. Also, if you have mentioned overtime pay to your employer and believe they fired you because of this inquiry, your employer may have committed wrongful termination for retaliation.
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Automobile Accidents.
Get witness names and address. Contact your insurance company that day. Don't give your insurance
company a statement or allow them to record your statement as they are a potential
defendant. Keep all receipts and take pictures
of your car.
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Slip and
Fall cases.
Take picture immediately if possible (many cell phones have photo
capabilities). Notify the owner of the
premises immediately or call the local government agency if the fall
occurred on Government property.
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Product
Liability.
Take pictures of the product and obtain receipts or pamphlets that
identify the manufacturer. Safeguard the product if possible since it
is the most important piece of evidence in your case.
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Medical
Malpractice.
You put trust in your medical professional.
Sometimes, your doctor is negligent in his care of you or a family
member. Medical Malpractice is complex and as soon as you think malpractice
has occurred it is important to seek counsel. The statute of limitations
in filing a claim is two years from the malpractice or when you first
knew of it, unless you are a minor. Time is of the essence so contact
us if you believe malpractice may have occurred.
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Insurance Disputes.
You may have bought insurance coverage and paid premiums upon the belief that your insurance company would pay when a loss occurs. You may find now that your insurance company is not paying and you don't know why.
If this is the case, whether it is health benefits, hurricane damage or automobile policy coverage, call our office for a review of your insurance policy to determine if your insurance company is improperly denying your coverage and acting in bad faith.
Make sure you get all of your policy information together, any letters you may have received from you insurance carrier, medical records (if necessary), pictures of damages (if it applies) and any other information that may relate to the claim. When you come in to meet with us, make sure you bring all of the relevant information with you. This will help assist in a quick resolution of your matter.
Many times, if a suit is brought, your insurance company will have to pay your attorneys fees.
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Please call our office today at 407 244 3340
to discuss your case further.
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