Injured

third-party claim – Wiktionary

third-party claim (plural third-party claims)

1. A derivative lawsuit brought by a defendant in an original lawsuit, claiming that another new party being brought in is responsible for or should share in the plaintiff’s damages against the defendant.

* Practise note: the third party being sued by the defendant is cited as “First Third Party”, “Second Third Party” etc.

via third-party claim – Wiktionary.

Worker’s Compensation – A thing that every worker should know – Article Blast! Free Articles And Content For Reprint On Your Website, Newsletters and Ezines. Submit Your Articles For Free!

Work place accidents occur. It’s a fact. From very minor incidents such as small cuts and bruises to very serious accidents that may result in death. Previously known as “workman’s comp” for short, the name has been changed to Workers’ Compensation. Worker’s compensation is basically an insurance policy, derived from state statutes, which protect employees if they become injured or sick while carrying out the duties of a job. Worker’s compensation may also pay damages to a worker’s family if the worker is unable to return to work for a long time or suffers a fatal injury.

Each state has its own worker’s compensation regulations and rules, and state laws control an employer’s responsibility to its workers. State law establishes the types of injuries and sicknesses, which are actionable, and the award an injured party could receive for those conditions. Federal law only relates to employees of the national government or those persons who carry out interstate commerce. Coverage includes work-associated illnesses, sickness, falls and other accidents in the workplace.

Workers compensation does not just cover medical costs; it also provides income replacement for the injured worker due to an on the job injury or accident. Depending on the state of jurisdiction, the employee might get up to 2/3 of his or her usual wages, until they are able to return to work.

Worker’s Compensation is insurance that provides medical and disability benefits for work related injuries and diseases. For many employers this insurance is an experience rated system that encourages injury prevention by charging higher premiums to those employers whose workers have more injuries.

Workers’ Compensation sole purpose is to cover the medical expenses accumulated by the injury, as well as financially support of the employee while they are recovering. As an incentive to encourage businesses to accept full responsibility for the premium costs of workers compensation, the workers gave up the right to sue the employer for damages resulting from a job related injury. Many seem to think workers compensation should be treated as an employee benefit. However rather than a benefit, workers compensation is a legally mandated right of the worker. As a mandated right all medical bills and loss wages relating to an on-the-job injury are covered by the workers compensation coverage.

via Worker’s Compensation – A thing that every worker should know – Article Blast! Free Articles And Content For Reprint On Your Website, Newsletters and Ezines. Submit Your Articles For Free!.

Apparent Benefits of Worker’s Compensation – Article Blast! Free Articles And Content For Reprint On Your Website, Newsletters and Ezines. Submit Your Articles For Free!

Workers compensation is a type of insurance which collectively offers compensation as well as medical care for the employees who are accidentally injured during the course of employment. Workers’ compensation also encircles economic loss, reimbursement of medical and other form of health insurance. The Worker’s Compensation insurance is extremely helpful and not only covers the comprehensive cost of hospital bills but also follow up doctor’s appointments, drugs and even surgeries. Though Worker’s Compensation can be costly, it is often protect the small business owner from lawsuits. If an employee signs on with Worker’s Compensation program he relinquishes his right to bring legal action in the event of an accident.

In real terms Worker’s Compensation is a collection of laws which protect people that are injured at work. The intent of Workers’ compensation program is to take care of the injured workers at the work place. If you’ve been injured or met an accident on the job, then you should be aware of Worker’s Compensation rights. If you have been injured then it is a great idea to seek legal and professional support from the company. You may also require an attorney who particularly specializes in Worker’s Compensation cases or in personal injury or accidental cases.

Worker’s Compensation offers certain benefits like: cash benefits, supplemental benefits, medical benefits and social security benefits. But if the worker dies from a compensable injury, the surviving belongings or other dependents as defined by law are entitled to cash benefits at the same time. The amount may be equal to two-thirds of the deceased worker’s average wage or according to the state legislature. If there are no surviving children, spouse, siblings, parents or grandparents entitled to compensation then the surviving parents or the estate of the deceased worker may be entitled to payment of a certain sum. All in all, you should be aware of the Workers’ compensation programs designed by the companies.

If you have been in a motor vehicle accident, and had bodily injury, pain and suffering or emotional distress, Mitchell and Shea APC are lawyers with vast experience in personal injury that can help you.

As leaders in the field of workers compensation law, we can assist you with work accidents, construction injury, temporary or permanent disability, modified duties and work restrictions, discrimination at work, workers’ comp settlement, stipulation with request for award and state disability.

If you have experienced any personal injury like head or brain injury, slip and fall, dog bite, negligence whiplash injury, property damage, amputation at work or in a traffic collision, repetitive stress injury like carpal tunnel syndrome, laminectomy, discectomy, fusion, arthroscopic knee surgery or shoulder surgery – Call Mitchell and Shea APC Toll Free 877-702-6517

via Apparent Benefits of Worker’s Compensation – Article Blast! Free Articles And Content For Reprint On Your Website, Newsletters and Ezines. Submit Your Articles For Free!.

Insurance Tips For New Home Owners

If you have just bought your very first home, you are probably unaware of how your purchase has affected your insurance profile and that you need to review your existing insurance cover. In fact, even upgrading from a small, cheap house to a larger family home will impact on your insurance. Most people think that adding some form of homeowners insurance is all that is needed when purchasing a new home. While the addition of a homeowner’s policy is by far the biggest change, your other insurance policies will most likely need to be reviewed too. The following are some of the more prominent policies you may need to revise.

Homeowner’s insurance

If you successfully applied for a home loan, your bank will have required that you take out a homeowner’s insurance policy. The questions that you need to ask yourself are did I get sufficient cover and did I shop around for the best deals?

When analyzing your coverage needs, your assessment needs to be based not only on what is required by your bank, but also on the actual value of the property. Banks often pressurize you to take whatever insurance policy they put in front of you. Except for a few conniving banks, taking the bank’s own cover is not mandatory. This means that you have the option of shopping around for better insurance.

Car insurance

If you just bought a house, your marital status may have changed. If this is the case, then congratulations! You may be eligible for a lower premium as marital status affects your risk profile. Married couples are considered a lower insurance risk by insurance companies. You may also want to cover both your and your spouse’s cars under one policy. This should work out much cheaper than having two separate vehicle insurance policies. You may even want to go one step further and combine your vehicle and homeowner’s policy to get even cheaper premiums. Lastly, it is essential that you update your car insurance policy as your change of address will also affect your policy. This is essential because should you need to claim due to theft from your new home and you have not updated your policy, your claim might be turned down.

Disability and life insurance

If you were to become disabled or unable to work due to an accident or disease, your mortgage will still need to be paid. Disability cover will pay you a monthly benefit if this happens which could very well save you from financial ruin until you are able to work again. Similarly, life insurance will help pay off your debts and perhaps even the mortgage on your home should you pass away. If you are the breadwinner in your family, this type of cover is essential.

Purchasing a new home can be a very exciting experience, but it is important that you remember to review all your insurance policies to make sure that you and your loved ones are adequately covered. If you are unsure of where to start contact your insurance broker and without a doubt, shop around for the best insurance deals!

via Insurance Tips For New Home Owners.

How Disability Income Insurance Policies Define Disability

When was the last time you read the fine print of an insurance policy? The fine print tells you some important information–how the policy defines disability, what your benefits will be, what exclusions apply, and more. The disability definition used in the policy determines how you qualify for disability benefits.

To be considered disabled under most policies, you must be unable to earn income. However, many policies narrow down this definition quite a bit. They may specify that you must try working in another occupation if you can’t do your own job, or they may pay benefits if you can do some but not all of the duties of your own occupation. Other policies aren’t concerned with occupation at all; they consider you to be disabled when, because of illness or injury, you earn less than you did before.

Own occupation coverage

Although the terminology used to define disability varies from policy to policy, an own occupation policy generally defines disability as the inability to perform the material and substantial duties of one’s own occupation. This definition of disability is liberal, because even if you can work in another occupation, you still receive disability benefits. Own occupation coverage is often more expensive and may be available only to individuals who have a clean medical history and work in a relatively risk-free occupation.

Any occupation coverage

An any occupation policy defines disability as the inability to perform the duties of any occupation. This definition of disability is strict. To receive benefits according to this definition, you have to be unable to work in any occupation, not just your own. Generally, however, the wording is modified to take into consideration your earning level, education, training, and experience.

Split definition coverage

Many disability policies incorporate both an own occupation definition of disability and an any occupation definition. You purchase a policy that provides own occupation coverage for a limited period of time. After this period ends (usually two years), you must meet the any occupation definition of disability to continue receiving benefits. This is sometimes known as short-term own occupation coverage.

Presumptive total disability coverage

No matter how your insurance company defines total disability, most companies automatically consider certain catastrophic ailments to be totally disabling. If you are disabled by one of these ailments, you don’t have to meet the conditions normally required in order to be considered totally disabled. Not only do you receive immediate benefits, but you also continue to receive benefits even if you are able to return to work. These ailments (which may be caused by injury or illness) are the loss of sight in both eyes, hearing in both ears, speech, the use of both hands, the use of both feet, and the use of one hand and one foot.

Residual disability coverage

Disability policies can pay benefits in the event that you cannot work at all (total disability), can work some time but not all the time (residual disability), or both. Residual disability or income replacement policies pay benefits according to the amount of income you have lost due to disability. These policies pay benefits even if you are not totally disabled and can work part-time. Your benefit will be based on the percentage of income you earn working part-time in relation to what you used to earn working full-time. In some policies, to qualify for residual disability coverage, you must first qualify for a period of total disability. This is the least desirable method.

You can purchase a total disability policy with residual coverage as a rider, or an income replacement policy (as residual coverage is known when that is the only way benefits are paid) as a stand-alone policy. The income replacement policy will generally cost less than the total disability policy with the residual rider.

Partial disability coverage

Partial disability coverage is usually offered as a rider to a total disability policy, although it may be included in base coverage. It is similar to, but not the same as, residual disability coverage. Both types of coverage pay benefits if you can perform some but not all of the duties of your occupation. However, unlike residual disability, a partial disability definition does not consider loss of income. Rather, you are paid an amount equal to 50 percent (occasionally less) of the benefit that you would earn if you were totally disabled. In addition, the benefit period is much shorter than that for residual disability (a few months or a year at most).

Does your policy cover illness, injuries, or both?

Most policies offer coverage for both injuries and illnesses. Some policies, however, offer accident-only protection and don’t cover illnesses. Also, because work-related disabilities are covered by workers’ compensation, most policies will reduce their benefits by any amount of benefits paid by workers’ compensation, as well as any benefits received from Social Security and other government programs.

Sickness is usually defined in disability policies as illness or disease that manifests itself while the policy is in force. This definition covers mental as well as physical illness, but most policies limit payments for mental illness and drug- or alcohol-related disabilities to two years of benefits. Some policies have exclusions for disabilities caused by pregnancy, war, and self-inflicted injuries as well as other exclusions. All of the exclusions will be detailed in the policy.

via How Disability Income Insurance Policies Define Disability.

Auto Accident? What do you Do?

Based totally on the latest report released by the renowned World Health Organization, about three thousand people die in vehicular accidents every day. And we aren’t even talking about one country here ; the alarming figure speaks for worldwide vehicle accident incidence. In the U. S. alone, there were about 6,000,000 vehicular accidents that happened in the year 2005. In fact, according to reports, a mean of 115 individuals die every day due to car crash figures – that is’s roughly around one accident each thirteen minutes.

it is no wonder then that auto accident claims are reasonably popular today, ranking only second hardest to prove in suits behind medical laxity claims. The severity of such vehicle accident, though, will eventually rely not on one but many factors. These may include, but not restricted to, the autos involved, The speed of the vehicles colliding, and the road or terrain in the vehicular accident.

The worst that could happen during these automobile accident injuries is death. A more common damage that’s customarily complained about is the whiplash injury. While whiplash wounds are but a common thing in vehicular accidents, the symptoms show after a very long time. Hence, it is reasonably tough to prove in court for compensation of damages. of course, you could not just pay no attention to the mental effects these traumatic vehicle accidents bring to the victim. Vehicular accidents can provide you with near-death experiences if you are personally involved in the accident or even worse, they may result to endless shock and a robust feeling of emptiness or emotional damage, which the family of the bereaved has to endure. While the physical injuries are serious enough, the mental effect will be the harder to get past through. It takes longer for people to recover from such a devastating loss of a loved one and many are limited to a long terrible state and mourning regularly accompanied by psychological suffering and stress.

via Auto Accident? What do you Do?.

Auto Accident Checklist: Tips On What To Do Following A Car Accident

It is not expected of somebody who has just experienced a car accident to be fully composed and calm after such auto accident transpires. However, a substantial degree of such composure and calmness is needed in order to minimize the adverse events resulting from auto accidents. Here are some important things you have to do following a car accident:

• Ascertain the degree of resulting damages

Having an assessment of the gravity of your, your companions’ and/or the vehicle’s injuries or damage gives you an idea of what to do next. Remember that it is not advisable to mobilize somebody with fractured bones unless the situation leaves no other option but to do so (for instance, if the vehicle is on fire or about to be on fire).

• Take note of the factual details of the accident

For the authorities to have a clear picture of the accident, it is important not to miss or err on important details like at what speed where you or the other party was driving, what exactly were you doing inside your vehicle immediately before the car accident, etc.

• Go to the police and file a Car Accident Report

The importance of accomplishing this cannot be stressed enough. After a car accident, the issue as to who is to be held responsible for resulting damages can only be resolved if enough data about the accident is at hand.

via Auto Accident Checklist: Tips On What To Do Following A Car Accident.

10 Ways to Prevent an Auto Accident

Sure, I am a personal injury attorney, but that doesn’t mean that I enjoy hearing about, or representing the victims of, preventable car accidents. Part of my role is to help all the drivers out there to be safer on the road.Texting, eating and applying makeup while driving, changing the radio station, reprogramming the navigation system, talking on the phone or driving intoxicated all contribute to the 6+ million car accidents witnessed in the United States every year. Though you may not engage in these distractions while driving- there are many others on the road who do and here are some simple tips to help prevent causing or being involved in an accident. Here are a few simple reminders that may just make you safer!

1. Focus on the Road and Remove Distractions: Cell phones, changing out the CD, switching the music on your music player all distract you from the road. About 80% of the 6+ million accidents each year are caused by distracted drivers.

2. Stay out of the “fast lane”:

According to research most freeway accidents take place in the left lane. The right and middle lanes offer more escape routes in case of emergency- helping you avoid collision.

3. Keep an Eye Out:

Don’t simply watch what the person in front of you is doing- pay attention to the cars 3 or 4 lengths ahead of you. You will know what is happening further up the road which will enable you to avoid a collision in the event that the person in front of you is not paying adequate attention.

4. Hands on the wheel: Holding the steering wheel properly in the 9 o’clock and 3 o’clock position provides more control over your car- enabling you to more easily react and maneuver.

5. Monitor your blind spots:

Quite a few accidents occur as the result of blind spots. The drivers of large trucks are often scrutinized for this, but all drivers should be monitoring their blind spots- particularly when changing lanes.

6. Be Cautious at Intersections:

Intersections can be extremely dangerous- never gun-it when the light turns green- instead make sure there are no vehicles running red lights. Also pay close attention to pedestrians who may have the right of way.

7. You Can Judge a Driver by their Vehicle: If a car has a considerable amount of bodily damage that may indicate a poor driver.

8. Be Familiar with Your Car and its Abilities: Know your vehicle’s limits so you may be able to handle adverse conditions. If you have weak tires don’t speed or slam on your breaks while raining and leave ample space between you and the vehicle in front of you.

9. Perform Routine Maintenance Visit your mechanic on time with factory recommended services, oil changes etc. Monitor your particular cars recall list and make sure you get any recalls taken care of as soon as possible.

10. Avoid nighttime driving. Lower visibility and a higher drunk-driving rate make the roads particularly dangerous after hours.

via 10 Ways to Prevent an Auto Accident.

Your Right For A Work Injury Compensation Claims For An Injury At Work

Today, we are living in a fast-paced lifestyle. Being slow and stagnant will lead you to a pit hole. And no one in his normal state of mentality would like to be left behind in an unsuccessful living. As everyone of us crave for power, superiority, fame and a luxurious living we work hard in order to achieve these goals.

On the other side of the coin, as workers try hard to improve their working status they cannot avoid to encounter some accidents from their work places. Some of these accidents are due to the negligence of their employers. Whereas, it is every employers’ responsibilities to secure a safe- workplace for his/her employees there are some employers who simply do not look back to their people.

One of the things an employer should make sure is the safety of each of his/her workers whenever they are on duty and within the workplace vicinity. Employers are obliged to provide safety guidelines and equipment to all of his/her people. Proper lightning, ventilation, equipments are just some of the common things they need to facilitate. A good employer always see to it that his/her people are in good and safe condition in the working area. This is also to gain a productive work from his/her people.

But the sad fact is sometimes we encounter some employers who are merely after of their own benefit. They neglect their duties and responsibilities to their people. That is why unwanted events happen in the workplace. Accidents occur due to some carelessness of these kind of employers. Workers suffer from different injuries as a result of the accidents they had at work.

Work injury in the United Kingdom is already honor for a compensation claim. If one has suffered an injury from his/her accident at work he/she can apply for a work injury compensation claim. However, most of the victims of these accidents do not bother to file for their compensation which is supposed to be entitled for them. Some reasons are the worry that they might be fired out from their work. Or they simply lack some courage to ex cerise their rights. They just settle in their comfort zone.

via Your Right For A Work Injury Compensation Claims For An Injury At Work.

Your Right For A Work Injury Compensation Claims For An Injury At Work

Today, we are living in a fast-paced lifestyle. Being slow and stagnant will lead you to a pit hole. And no one in his normal state of mentality would like to be left behind in an unsuccessful living. As everyone of us crave for power, superiority, fame and a luxurious living we work hard in order to achieve these goals.

On the other side of the coin, as workers try hard to improve their working status they cannot avoid to encounter some accidents from their work places. Some of these accidents are due to the negligence of their employers. Whereas, it is every employers’ responsibilities to secure a safe- workplace for his/her employees there are some employers who simply do not look back to their people.

One of the things an employer should make sure is the safety of each of his/her workers whenever they are on duty and within the workplace vicinity. Employers are obliged to provide safety guidelines and equipment to all of his/her people. Proper lightning, ventilation, equipments are just some of the common things they need to facilitate. A good employer always see to it that his/her people are in good and safe condition in the working area. This is also to gain a productive work from his/her people.

But the sad fact is sometimes we encounter some employers who are merely after of their own benefit. They neglect their duties and responsibilities to their people. That is why unwanted events happen in the workplace. Accidents occur due to some carelessness of these kind of employers. Workers suffer from different injuries as a result of the accidents they had at work.

Work injury in the United Kingdom is already honor for a compensation claim. If one has suffered an injury from his/her accident at work he/she can apply for a work injury compensation claim. However, most of the victims of these accidents do not bother to file for their compensation which is supposed to be entitled for them. Some reasons are the worry that they might be fired out from their work. Or they simply lack some courage to ex cerise their rights. They just settle in their comfort zone.

via Your Right For A Work Injury Compensation Claims For An Injury At Work.

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