Category: Personal Injury

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Is My Injury Work Related?

To get workers’ compensation for an injury, it must be work related.
If you slip and fell at work or broke your leg while stocking the shelves, it’s easy to show that the injury was work related. But, how do you prove an injury is work related if it happened away from work, or if it’s not a physical injury, or if the injury developed over time?
So, is your injury work-related?
Injuries Outside of Work
In some circumstances, an injury occurring outside of work and not during work hours can be considered work related. These include:

Injuries on business trips — You’re traveling for work, and the cab you’re in gets rear-ended. Since the travel is for a work-related purpose, your whiplash injury is a work-related injury.
Special Mission — You’re picking up your boss’ dry cleaning on the way in to work. You trip on a crack and break your ankle in front of the dry cleaning shop. Since the injury occurred while doing a task that benefited your employer, your injury is work related.
For these types of injuries, you need to show that your employer received some sort of benefit from your away-from-work actions for the injury to be work-related. 
Mental Injuries
Depression and post-traumatic stress disorder (PTSD) can be covered under workers’ compensation if you can show that it is work related. Depression and PTSD can be work related if it was:

Caused by an experience while in the scope of employment — You would need to show that some traumatic incident at work caused your depression or PTSD. For example, the officer who pepper sprayed protesting students was able to get workers’ comp after public opinion and anger gave him anxiety and depression.
Aggravated or triggered by work — Normally, if you had pre-existing depression before you started work, you would not be able to show that the depression was work related. However, if stress from work or bullying by your supervisor caused your depression to be worst or triggered a major depressive episode, you could qualify for workers’ compensation.
Injuries Developed Over Time
Many people may think that wrist injuries such as carpal tunnel are not covered by workers’ comp. Maybe you had wrist problems all your life. However, like depression and PTSD, if you can show that your duties at work caused your carpal tunnel symptoms to worsen, you could still qualify for workers’ comp. The best way to show this is to get a doctor’s evaluation. Doctors can often recognize common causes for repetitive stress injuries and help you prove causation between your work duties and your injury.
If you suffered an injury and need help proving that it is work-related, an experienced workers’ compensation attorney may be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Worker’s Compensation Reform: Can It Affect Your Claim? (FindLaw’s Injured)
Workers’ Comp Benefits: How Injured Do I Have to Be? (FindLaw’s Injured)
How to Find the Right Worker’s Comp Lawyer for You (FindLaw’s Injured)

Source: PI

To get workers’ compensation for an injury, it must be work related.
If you slip and fell at work or broke your leg while stocking the shelves, it’s easy to show that the injury was work related. But, how do you prove an injury is work related if it happened away from work, or if it’s not a physical injury, or if the injury developed over time?
So, is your injury work-related?
Injuries Outside of Work
In some circumstances, an injury occurring outside of work and not during work hours can be considered work related. These include:

Injuries on business trips — You’re traveling for work, and the cab you’re in gets rear-ended. Since the travel is for a work-related purpose, your whiplash injury is a work-related injury.
Special Mission — You’re picking up your boss’ dry cleaning on the way in to work. You trip on a crack and break your ankle in front of the dry cleaning shop. Since the injury occurred while doing a task that benefited your employer, your injury is work related.
For these types of injuries, you need to show that your employer received some sort of benefit from your away-from-work actions for the injury to be work-related. 
Mental Injuries
Depression and post-traumatic stress disorder (PTSD) can be covered under workers’ compensation if you can show that it is work related. Depression and PTSD can be work related if it was:

Caused by an experience while in the scope of employment — You would need to show that some traumatic incident at work caused your depression or PTSD. For example, the officer who pepper sprayed protesting students was able to get workers’ comp after public opinion and anger gave him anxiety and depression.
Aggravated or triggered by work — Normally, if you had pre-existing depression before you started work, you would not be able to show that the depression was work related. However, if stress from work or bullying by your supervisor caused your depression to be worst or triggered a major depressive episode, you could qualify for workers’ compensation.
Injuries Developed Over Time
Many people may think that wrist injuries such as carpal tunnel are not covered by workers’ comp. Maybe you had wrist problems all your life. However, like depression and PTSD, if you can show that your duties at work caused your carpal tunnel symptoms to worsen, you could still qualify for workers’ comp. The best way to show this is to get a doctor’s evaluation. Doctors can often recognize common causes for repetitive stress injuries and help you prove causation between your work duties and your injury.
If you suffered an injury and need help proving that it is work-related, an experienced workers’ compensation attorney may be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Worker’s Compensation Reform: Can It Affect Your Claim? (FindLaw’s Injured)
Workers’ Comp Benefits: How Injured Do I Have to Be? (FindLaw’s Injured)
How to Find the Right Worker’s Comp Lawyer for You (FindLaw’s Injured)

Source: PI

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How to Testify at a Deposition

We see people testify all the time on courtroom dramas, but not all testimony is given on the witness stand at trial. Before a trial ever takes place, lawyers from both sides are able to interview potential witnesses as part of the discovery process.
If you are required to give a deposition as part of a personal injury claim, here are some tips for how to testify at a deposition.

Be Prepared
The best way to have a successful deposition is to know what to expect. Hopefully, you’ve been briefed on the process by your attorney (see next heading), so that you’ll be comfortable at the deposition.
While some depositions can be weird or confrontational, the majority are just fact-finding exercises. So gather and review any relevant documents so you’ll be familiar with the facts.
And dress comfortably and professionally — while there are no formal wardrobe rules, a deposition could last all day or longer in a law office with attorneys present and cameras rolling, so dress accordingly.
Be Represented
You have the right to an attorney during a deposition. If it is your injury claim, your attorneys will be attending automatically, and should have already prepared you for the deposition. If you’re being called as a witness, you can request your own legal counsel to represent you. An experienced attorney can advise you on the deposition process and how to respond to questions.
Be Honest
All depositions are recorded in some way, and often deposition witnesses are sworn in before answering questions. Therefore your words can make or break your case.
If you lie or if you’re uncooperative during a deposition, the other party’s lawyers could use this against you later in court and make all your testimony look untruthful. So even if the answer may sounds bad for your injury claim, honesty is always the best policy during a deposition. Most attorneys will tell you not to volunteer information, just answer the exact question asked. But don’t lie. Good luck!
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
After a Deposition, What Happens Next? (FindLaw’s Injured)
3 Things You Should Never Do at a Deposition (FindLaw’s Greedy Associates)
5 Tips If You’re Subpoenaed for a Deposition (FindLaw’s Law and Daily Life)

Source: PI

We see people testify all the time on courtroom dramas, but not all testimony is given on the witness stand at trial. Before a trial ever takes place, lawyers from both sides are able to interview potential witnesses as part of the discovery process.
If you are required to give a deposition as part of a personal injury claim, here are some tips for how to testify at a deposition.

Be Prepared
The best way to have a successful deposition is to know what to expect. Hopefully, you’ve been briefed on the process by your attorney (see next heading), so that you’ll be comfortable at the deposition.
While some depositions can be weird or confrontational, the majority are just fact-finding exercises. So gather and review any relevant documents so you’ll be familiar with the facts.
And dress comfortably and professionally — while there are no formal wardrobe rules, a deposition could last all day or longer in a law office with attorneys present and cameras rolling, so dress accordingly.
Be Represented
You have the right to an attorney during a deposition. If it is your injury claim, your attorneys will be attending automatically, and should have already prepared you for the deposition. If you’re being called as a witness, you can request your own legal counsel to represent you. An experienced attorney can advise you on the deposition process and how to respond to questions.
Be Honest
All depositions are recorded in some way, and often deposition witnesses are sworn in before answering questions. Therefore your words can make or break your case.
If you lie or if you’re uncooperative during a deposition, the other party’s lawyers could use this against you later in court and make all your testimony look untruthful. So even if the answer may sounds bad for your injury claim, honesty is always the best policy during a deposition. Most attorneys will tell you not to volunteer information, just answer the exact question asked. But don’t lie. Good luck!
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
After a Deposition, What Happens Next? (FindLaw’s Injured)
3 Things You Should Never Do at a Deposition (FindLaw’s Greedy Associates)
5 Tips If You’re Subpoenaed for a Deposition (FindLaw’s Law and Daily Life)

Source: PI

Read more

How Long Will My Workers’ Comp Claim Take?

For many people, a work related injury doesn’t just mean pain and suffering. It means days of work will be missed, medical bills will pile up, or money will get tight. Most people will need their workers’ compensation benefits as soon as possible.
So, how long will a workers’ compensation claim take? When will you start receiving money?

Medical Bills
Do not wait to get medical treatment for an injury. Even if you fear you can’t afford treatment, do not wait. Most states require your employer, or the employer’s insurance company, to pay your medical bills as soon as you file a claim. You do not have to wait until your claim is allowed or approved to receive compensation for medical costs.
File a Claim
The timeline of a workers’ compensation claim varies according to state. We will discuss Nevada’s timeline as a general guideline. In Nevada:

Notify the Employer – You should notify your employer of an injury or accident within seven days of the occurrence.File a Claim – You should file your claim as soon as possible or within 90 days of your injury or accident. 
Seek Medical Treatment – You should not delay in seeking medical treatment as soon as possible. However, you do have up to 90 days after the accident to do so.
Physician’s Report – Your doctor will then fill out the necessary forms and reports within three working days of your treatment.
Employer Report to Insurer – During this time, your employer has to report your injury to its insurer or third party administrator within six working days of receiving notice of your intent to seek medical treatment.
Employer’s Wage Verification – Your employer must then complete and file with the insurer the wage verification form within six days of receiving your Employee Claim for Compensation Form.
Claim Determination – After receiving your Claim for Compensation Form or Accident Notification to the Employer, the insurer has 30 days to either accept or deny your claim and notify you of its decision. If your claim is accepted, the insurer must start paying out benefits soon after.
Appeal Hearing – If your claim is denied and you wish to appeal the determination, you may request a hearing within 70 days of receiving notice of denial. Within five days of receiving your request, a hearing date will be set within 30 days. After the hearing, the hearing officer has 15 days to make a decision.
Again, different states may set different guidelines. Be sure to check your own state’s laws.
If you believe that you have suffered a work related injury, an experienced local workers’ compensation attorney may be able to help you file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Talk About a Workers’ Comp Claim on Facebook? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: PI

For many people, a work related injury doesn’t just mean pain and suffering. It means days of work will be missed, medical bills will pile up, or money will get tight. Most people will need their workers’ compensation benefits as soon as possible.
So, how long will a workers’ compensation claim take? When will you start receiving money?

Medical Bills
Do not wait to get medical treatment for an injury. Even if you fear you can’t afford treatment, do not wait. Most states require your employer, or the employer’s insurance company, to pay your medical bills as soon as you file a claim. You do not have to wait until your claim is allowed or approved to receive compensation for medical costs.
File a Claim
The timeline of a workers’ compensation claim varies according to state. We will discuss Nevada’s timeline as a general guideline. In Nevada:

Notify the Employer – You should notify your employer of an injury or accident within seven days of the occurrence.File a Claim – You should file your claim as soon as possible or within 90 days of your injury or accident. 
Seek Medical Treatment – You should not delay in seeking medical treatment as soon as possible. However, you do have up to 90 days after the accident to do so.
Physician’s Report – Your doctor will then fill out the necessary forms and reports within three working days of your treatment.
Employer Report to Insurer – During this time, your employer has to report your injury to its insurer or third party administrator within six working days of receiving notice of your intent to seek medical treatment.
Employer’s Wage Verification – Your employer must then complete and file with the insurer the wage verification form within six days of receiving your Employee Claim for Compensation Form.
Claim Determination – After receiving your Claim for Compensation Form or Accident Notification to the Employer, the insurer has 30 days to either accept or deny your claim and notify you of its decision. If your claim is accepted, the insurer must start paying out benefits soon after.
Appeal Hearing – If your claim is denied and you wish to appeal the determination, you may request a hearing within 70 days of receiving notice of denial. Within five days of receiving your request, a hearing date will be set within 30 days. After the hearing, the hearing officer has 15 days to make a decision.
Again, different states may set different guidelines. Be sure to check your own state’s laws.
If you believe that you have suffered a work related injury, an experienced local workers’ compensation attorney may be able to help you file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Talk About a Workers’ Comp Claim on Facebook? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: PI

Read more

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