Palm Beach County Personal Injury Lawyer

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.
If you get a heart attack, either at work or at home, can you get workers’ compensation?

Work Related
While workers’ compensation law does vary from state to state, generally, you can get workers comp for an injury that is work related. If your job is to put books onto a shelf, and you break your leg falling off a ladder, your injury was a result of your work duties eligible for workers’ comp.
Heart Attacks?
However, heart attacks are harder to prove as work related. Different states have different standards.
South Carolina
To be eligible under South Carolina’s Workers’ Compensation Act, you must have been subjected to some kind of unusual or extraordinary physical exertion, strain, or unusual condition in the course of the employment. You must also show a causal connection existed between the exertion, strain, or unusual conditions to your heart attack.
So, you wouldn’t be eligible just because you happen to have a heart attack during work. However, if you had to work 14 hours straight during the Christmas rush, running back and forth from the storeroom to the store much more than you usually do, you could be eligible for workers’ compensation.
California
In California, you can get workers’ compensation for an injury as long as an event at work or conditions at work caused or contributed to your injury or aggravated a pre-existing condition. In the case of heart attacks you do not need to show that your duties or work-related stress were the only reasons for your heart attack. It is enough that work conditions were a substantial contributing cause, or 35-40% of the cause.
Your employer may argue that you are not eligible for workers’ comp because your dietary habits and physical condition were the cause of your heart attack. However, if you can show that the stress from work aggravated those conditions to trigger a heart attack, you may be eligible.
Heart attack claims, while possible, are often very hard to prove. An experienced workers’ comp attorney can help you meet your burden of proof.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: Legal Law Firm

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.
If you get a heart attack, either at work or at home, can you get workers’ compensation?

Work Related
While workers’ compensation law does vary from state to state, generally, you can get workers comp for an injury that is work related. If your job is to put books onto a shelf, and you break your leg falling off a ladder, your injury was a result of your work duties eligible for workers’ comp.
Heart Attacks?
However, heart attacks are harder to prove as work related. Different states have different standards.
South Carolina
To be eligible under South Carolina’s Workers’ Compensation Act, you must have been subjected to some kind of unusual or extraordinary physical exertion, strain, or unusual condition in the course of the employment. You must also show a causal connection existed between the exertion, strain, or unusual conditions to your heart attack.
So, you wouldn’t be eligible just because you happen to have a heart attack during work. However, if you had to work 14 hours straight during the Christmas rush, running back and forth from the storeroom to the store much more than you usually do, you could be eligible for workers’ compensation.
California
In California, you can get workers’ compensation for an injury as long as an event at work or conditions at work caused or contributed to your injury or aggravated a pre-existing condition. In the case of heart attacks you do not need to show that your duties or work-related stress were the only reasons for your heart attack. It is enough that work conditions were a substantial contributing cause, or 35-40% of the cause.
Your employer may argue that you are not eligible for workers’ comp because your dietary habits and physical condition were the cause of your heart attack. However, if you can show that the stress from work aggravated those conditions to trigger a heart attack, you may be eligible.
Heart attack claims, while possible, are often very hard to prove. An experienced workers’ comp attorney can help you meet your burden of proof.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: Legal Law Firm

Nothing says sunshine and relaxation like a bout of vomiting and diarrhea. Yuck!
More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have been struck low with norovirus. The CDC is currently investigating the norovirus outbreak and monitoring clean up procedures on the two ships.
If you are one of the poor souls who got sick on a cruise ship, can you sue?
Norovirus
Norovirus is a highly contagious virus that spreads through contaminated food, water, and dirty surfaces. Like the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea, and vomiting. Most people won’t require treatment, but some may become dehydrated and need liquids or intravenous fluids.
Cruise Ship Liability
While cruise passengers do have a bill of rights, it’s the terms of ticket contract or cruising agreement that governs passengers’ ability to sue.
Under the contract, passengers generally waive their right to sue unless the cruise company acted negligently.
Negligence
To show negligence, you must show that the cruise company had a duty to you and breached that duty which then caused you harm.
Duty
Proving duty is easy. In Kermarec v. Compagnie Generale, the Supreme Court ruled that cruise companies had a duty to reasonably care for passengers, also known as the Kermarec rule.
Breach
Proving breach of duty is harder. You have to show that the cruise company acted below a reasonable standard of care. Did the company take adequate steps to clean rooms, facilities, and restrooms? Did the company improperly handle or store food and water? Did it make a reasonable effort to quarantine sick passengers to stop the spread of disease?
Causation
Finally, you have to show that the cruise company’s breach of duty caused your injury. The cruise company could argue that you already had the virus when you came on board the ship. Or, it could claim that you contracted the virus while on shore in Mexico. Causation is often easier to prove when you’re not the only one infected. It’ll probably be hard for Celebrity and Royal Caribbean to argue that the 200 passengers didn’t get infected on their ships.
If you’ve been infected with norovirus while on a cruise, an experienced litigation attorney will be able to help you consider your options for suing.
Related Resources:

Browse Litigation & Appeals Lawyers by Location (FindLaw’s Lawyer Directory)
Outbreaks on 2 Cruise Ships Sicken More Than 200 Passengers (ABC News)
NY Six Flags Sued Over Norovirus Outbreak (FindLaw’s Injured)
Types of Food Poisoning: Norovirus (FindLaw’s Learn About The Law)

Source: Legal Law Firm

Nothing says sunshine and relaxation like a bout of vomiting and diarrhea. Yuck!
More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have been struck low with norovirus. The CDC is currently investigating the norovirus outbreak and monitoring clean up procedures on the two ships.
If you are one of the poor souls who got sick on a cruise ship, can you sue?
Norovirus
Norovirus is a highly contagious virus that spreads through contaminated food, water, and dirty surfaces. Like the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea, and vomiting. Most people won’t require treatment, but some may become dehydrated and need liquids or intravenous fluids.
Cruise Ship Liability
While cruise passengers do have a bill of rights, it’s the terms of ticket contract or cruising agreement that governs passengers’ ability to sue.
Under the contract, passengers generally waive their right to sue unless the cruise company acted negligently.
Negligence
To show negligence, you must show that the cruise company had a duty to you and breached that duty which then caused you harm.
Duty
Proving duty is easy. In Kermarec v. Compagnie Generale, the Supreme Court ruled that cruise companies had a duty to reasonably care for passengers, also known as the Kermarec rule.
Breach
Proving breach of duty is harder. You have to show that the cruise company acted below a reasonable standard of care. Did the company take adequate steps to clean rooms, facilities, and restrooms? Did the company improperly handle or store food and water? Did it make a reasonable effort to quarantine sick passengers to stop the spread of disease?
Causation
Finally, you have to show that the cruise company’s breach of duty caused your injury. The cruise company could argue that you already had the virus when you came on board the ship. Or, it could claim that you contracted the virus while on shore in Mexico. Causation is often easier to prove when you’re not the only one infected. It’ll probably be hard for Celebrity and Royal Caribbean to argue that the 200 passengers didn’t get infected on their ships.
If you’ve been infected with norovirus while on a cruise, an experienced litigation attorney will be able to help you consider your options for suing.
Related Resources:

Browse Litigation & Appeals Lawyers by Location (FindLaw’s Lawyer Directory)
Outbreaks on 2 Cruise Ships Sicken More Than 200 Passengers (ABC News)
NY Six Flags Sued Over Norovirus Outbreak (FindLaw’s Injured)
Types of Food Poisoning: Norovirus (FindLaw’s Learn About The Law)

Source: Legal Law Firm

Maybe you don’t like needles. Maybe you don’t want to spend the last months of your life undergoing chemotherapy.
It’s your body, but do you have the right to refuse medical treatment?

Right to Choose, Right to Refuse?
You have a right to informed consent. Essentially, doctors must tell you all the potential benefits, risks, and alternative methods of any medical procedure and get your consent before proceeding.
Entwined with the right to informed consent is the right to refuse. For most non-life threatening treatments you have a right to refuse medical treatment.
Most states have statutes that codify your right to consent and refuse. For example, in California, Health & Safety Code section 1262.6(a)(3) states, “Each hospital shall provide each patient … written information regarding the right’s to … participate actively in decisions regarding medical care. To the extent permitted by law, participation shall include the right to refuse treatment.”
Under federal law, the Patient Self-Determination Act (PSDA) guarantees the right to refuse life sustaining treatment at the end of life.
Government Intervention
However, this right is not always absolute. There are exceptions for when you are not in a condition to consent or refuse.
During medical emergencies when you are not conscious to consent, doctors are allowed to provide life saving treatment without your consent.
In some cases, courts have found that a person’s right to refuse must be balanced with the state’s interest in preserving life. In the case of Cruzan v. Harmon, the court wrote, “Neither the right to refuse treatment nor the right to privacy are absolute; each must be balanced against the state’s interests to the contrary.”
Children
While the state’s interference in personal medical choices is rare, it happens most often in the case of children.
Children are, generally, deemed incompetent to make their own medical decisions. Parents usually have the right to make medical decisions for their children. However, when refusing medical treatment means the death of a child, the state’s interest in preserving life usually overrides the parents’ rights.
In the case of Daniel Hauser, a 13-year-old boy, the court overruled his parents’ decision to take him off of chemotherapy treatment for Hodgkin’s lymphoma. In another case, the Connecticut Supreme Court ordered a 17-year-old girl to undergo chemotherapy treatment against her choice.Living Wills and Durable Powers of AttorneyIn case you are ever incapacitated and unable to make a choice, you can ensure that your wishes will be followed by making a living will and a durable power of attorney.
A living will sets out how you want to be cared for in case of emergency. You can specify which treatments you do want and which you don’t want.
A durable power of attorney gives another person the power to make medical decisions for you when you are unable to. A durable power of attorney is used to fill gaps in your living will.
If you have a living will and a durable power of attorney, the government usually can’t step in and overrule your wishes.
If you think your right to refuse medical treatment is being violated, an experienced civil rights attorney may be able to help.
Related Resources:

Browse Civil Rights Lawyers by Location (FindLaw’s Lawyer Directory)
Role of Parent, State, and Child in Health Care Decision-Making for Minors (FindLaw’s Law and Daily Life)
Parents Liable for Not Vaccinating Children? (FindLaw’s Injured)
Ninth Circuit Rules Against Parents in Infant Spinal Tap Appeal (FindLaw’s U.S. Ninth Circuit)

Source: Legal Law Firm

Maybe you don’t like needles. Maybe you don’t want to spend the last months of your life undergoing chemotherapy.
It’s your body, but do you have the right to refuse medical treatment?

Right to Choose, Right to Refuse?
You have a right to informed consent. Essentially, doctors must tell you all the potential benefits, risks, and alternative methods of any medical procedure and get your consent before proceeding.
Entwined with the right to informed consent is the right to refuse. For most non-life threatening treatments you have a right to refuse medical treatment.
Most states have statutes that codify your right to consent and refuse. For example, in California, Health & Safety Code section 1262.6(a)(3) states, “Each hospital shall provide each patient … written information regarding the right’s to … participate actively in decisions regarding medical care. To the extent permitted by law, participation shall include the right to refuse treatment.”
Under federal law, the Patient Self-Determination Act (PSDA) guarantees the right to refuse life sustaining treatment at the end of life.
Government Intervention
However, this right is not always absolute. There are exceptions for when you are not in a condition to consent or refuse.
During medical emergencies when you are not conscious to consent, doctors are allowed to provide life saving treatment without your consent.
In some cases, courts have found that a person’s right to refuse must be balanced with the state’s interest in preserving life. In the case of Cruzan v. Harmon, the court wrote, “Neither the right to refuse treatment nor the right to privacy are absolute; each must be balanced against the state’s interests to the contrary.”
Children
While the state’s interference in personal medical choices is rare, it happens most often in the case of children.
Children are, generally, deemed incompetent to make their own medical decisions. Parents usually have the right to make medical decisions for their children. However, when refusing medical treatment means the death of a child, the state’s interest in preserving life usually overrides the parents’ rights.
In the case of Daniel Hauser, a 13-year-old boy, the court overruled his parents’ decision to take him off of chemotherapy treatment for Hodgkin’s lymphoma. In another case, the Connecticut Supreme Court ordered a 17-year-old girl to undergo chemotherapy treatment against her choice.Living Wills and Durable Powers of AttorneyIn case you are ever incapacitated and unable to make a choice, you can ensure that your wishes will be followed by making a living will and a durable power of attorney.
A living will sets out how you want to be cared for in case of emergency. You can specify which treatments you do want and which you don’t want.
A durable power of attorney gives another person the power to make medical decisions for you when you are unable to. A durable power of attorney is used to fill gaps in your living will.
If you have a living will and a durable power of attorney, the government usually can’t step in and overrule your wishes.
If you think your right to refuse medical treatment is being violated, an experienced civil rights attorney may be able to help.
Related Resources:

Browse Civil Rights Lawyers by Location (FindLaw’s Lawyer Directory)
Role of Parent, State, and Child in Health Care Decision-Making for Minors (FindLaw’s Law and Daily Life)
Parents Liable for Not Vaccinating Children? (FindLaw’s Injured)
Ninth Circuit Rules Against Parents in Infant Spinal Tap Appeal (FindLaw’s U.S. Ninth Circuit)

Source: Legal Law Firm

Your job may be full of hazards, such as heavy boxes and dangerous machinery. However, did you ever expect the hazard to come from that tasty hamburger you had at the company cafeteria?
Food poisoning doesn’t just hurt your stomach. It can hurt your wallet when you have to miss work and pay to see the doctor.
So, if you get food poisoning at work, can you get workers’ compensation?
Food Poisoning Work Related?
To get workers’ comp, an injury must be work related, caused during the course of employment. If you can show that the food poisoning was work related, then yes, you can get workers’ compensation
However, it’s extremely hard to prove. It is easy to show that your back sprain was a result of your duties restocking shelves. Showing that the food poisoning was caused by your work is a whole other matter. Your food poisoning may be work related if:

The employer supplied the food. – If you got food poisoning from leftovers you brought from home, then you don’t qualify for workers’ comp. However, if the employer provided you the food as part of your wages, then any injuries from eating that food is job related.
The employer sold food in a cafeteria strictly for employees. – If your employer has a cafeteria area open to the public where local caterers or food trucks come to sell food, any injury from eating that food is not work related. However, if the caterers were hired to sell food in a cafeteria strictly for employees, then any food poisoning resulting from eating in the cafeteria could be considered work related.
The employer received a benefit from you eating the food. – If you’re a food critic, and it’s your job to taste food, then the food poisoning would clearly be caused by your work duties. You would be eligible for workers’ compensation.
How to Apply?
If you believe that you have a work related injury, you should immediately see a doctor, get your injury diagnosed, and get treated. Documentation from your doctor will help you prove your claim for workers’ comp later on.
As soon as you’ve suffered the injury, don’t forget to notify your employer of the injury. Some states only allow you a short time to notify your employer before you lose your right to make a claim.
Once you’ve notified your employer, you should receive forms to fill out to make a claim for workers’ compensation. In some states, you have as little as one year after an injury to file a claim.
If you’ve suffered work related food poisoning, and need help making a claim, an experienced workers’ compensation attorney will be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Worker’s Comp for an Injury During Your Commute? (FindLaw’s Injured)
Can You Get Workers’ Comp for PTSD? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Your job may be full of hazards, such as heavy boxes and dangerous machinery. However, did you ever expect the hazard to come from that tasty hamburger you had at the company cafeteria?
Food poisoning doesn’t just hurt your stomach. It can hurt your wallet when you have to miss work and pay to see the doctor.
So, if you get food poisoning at work, can you get workers’ compensation?
Food Poisoning Work Related?
To get workers’ comp, an injury must be work related, caused during the course of employment. If you can show that the food poisoning was work related, then yes, you can get workers’ compensation
However, it’s extremely hard to prove. It is easy to show that your back sprain was a result of your duties restocking shelves. Showing that the food poisoning was caused by your work is a whole other matter. Your food poisoning may be work related if:

The employer supplied the food. – If you got food poisoning from leftovers you brought from home, then you don’t qualify for workers’ comp. However, if the employer provided you the food as part of your wages, then any injuries from eating that food is job related.
The employer sold food in a cafeteria strictly for employees. – If your employer has a cafeteria area open to the public where local caterers or food trucks come to sell food, any injury from eating that food is not work related. However, if the caterers were hired to sell food in a cafeteria strictly for employees, then any food poisoning resulting from eating in the cafeteria could be considered work related.
The employer received a benefit from you eating the food. – If you’re a food critic, and it’s your job to taste food, then the food poisoning would clearly be caused by your work duties. You would be eligible for workers’ compensation.
How to Apply?
If you believe that you have a work related injury, you should immediately see a doctor, get your injury diagnosed, and get treated. Documentation from your doctor will help you prove your claim for workers’ comp later on.
As soon as you’ve suffered the injury, don’t forget to notify your employer of the injury. Some states only allow you a short time to notify your employer before you lose your right to make a claim.
Once you’ve notified your employer, you should receive forms to fill out to make a claim for workers’ compensation. In some states, you have as little as one year after an injury to file a claim.
If you’ve suffered work related food poisoning, and need help making a claim, an experienced workers’ compensation attorney will be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Worker’s Comp for an Injury During Your Commute? (FindLaw’s Injured)
Can You Get Workers’ Comp for PTSD? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

There are two major legal protections of our medical privacy: the physician-patient privilege and the Health Insurance Portability and Accountability Act (HIPAA). Both preclude doctors from disclosing your medical records to third parties without your consent.
But what happens to your medical records after you die? What if you need access to a deceased loved one or family member’s medical records? Here’s how death affects medical privacy under HIPAA and the physician-patient privilege.

What’s Up, Doc?
Often, our doctors know more about us than our family and friends. And what they know might be important after we die, especially if there’s a question of a wrongful death claim. During our lifetime, a physician is not allowed to divulge any information gleaned from our medical care without permission or waiver of the privilege. But after death, it becomes a little more complicated.
Some states allow the deceased person’s spouse, next of kin, or personal or legal representative to waive the privilege and have access to medical records, while others confine access to doctors and hospitals. Litigation could also have an effect on the privilege: While notice of an impending lawsuit on their behalf could expedite the release of a deceased person’s records, it cuts both ways. Often, a patient’s privilege regarding medical treatment related to negligence or personal injury is waived if she, or in this case a representative, files an action based on that care.
Hungry Hungry HIPAA
After a person passes away, HIPAA’s protection on medical records is enforced for the next 50 years. During that time, only the decedent’s legally recognized representative has the power to authorize access to or disclose the person’s medical information.
A representative could be the executor or administrator of an estate, or a person designated in a living will. Some non-representatives, such as family members or other individuals involved in a decedent’s health care, may have limited access to medical records through health plans or health care providers.
HIPAA does not apply to any medical records 50 years after a person’s death.
If you want to determine who has access to your medical files after you die, or if you’re having trouble accessing a deceased family member or loved one’s medical records, you may want to consult with an experienced estate planning attorney.
Related Resources:

Browse Estate Planning Lawyers by Location (FindLaw Directory)
Who Must Comply With HIPAA Regulations? (FindLaw’s Law and Daily Life)
Legal How-To: Getting Medical Records for Your Case (FindLaw’s Injured)
What’s the Difference? Living Will vs. Durable Power of Attorney (FindLaw’s Law and Daily Life)

Source: Legal Law Firm

There are two major legal protections of our medical privacy: the physician-patient privilege and the Health Insurance Portability and Accountability Act (HIPAA). Both preclude doctors from disclosing your medical records to third parties without your consent.
But what happens to your medical records after you die? What if you need access to a deceased loved one or family member’s medical records? Here’s how death affects medical privacy under HIPAA and the physician-patient privilege.

What’s Up, Doc?
Often, our doctors know more about us than our family and friends. And what they know might be important after we die, especially if there’s a question of a wrongful death claim. During our lifetime, a physician is not allowed to divulge any information gleaned from our medical care without permission or waiver of the privilege. But after death, it becomes a little more complicated.
Some states allow the deceased person’s spouse, next of kin, or personal or legal representative to waive the privilege and have access to medical records, while others confine access to doctors and hospitals. Litigation could also have an effect on the privilege: While notice of an impending lawsuit on their behalf could expedite the release of a deceased person’s records, it cuts both ways. Often, a patient’s privilege regarding medical treatment related to negligence or personal injury is waived if she, or in this case a representative, files an action based on that care.
Hungry Hungry HIPAA
After a person passes away, HIPAA’s protection on medical records is enforced for the next 50 years. During that time, only the decedent’s legally recognized representative has the power to authorize access to or disclose the person’s medical information.
A representative could be the executor or administrator of an estate, or a person designated in a living will. Some non-representatives, such as family members or other individuals involved in a decedent’s health care, may have limited access to medical records through health plans or health care providers.
HIPAA does not apply to any medical records 50 years after a person’s death.
If you want to determine who has access to your medical files after you die, or if you’re having trouble accessing a deceased family member or loved one’s medical records, you may want to consult with an experienced estate planning attorney.
Related Resources:

Browse Estate Planning Lawyers by Location (FindLaw Directory)
Who Must Comply With HIPAA Regulations? (FindLaw’s Law and Daily Life)
Legal How-To: Getting Medical Records for Your Case (FindLaw’s Injured)
What’s the Difference? Living Will vs. Durable Power of Attorney (FindLaw’s Law and Daily Life)

Source: Legal Law Firm

You’re hurt and out of work, so who should compensate you? While they both aim to provide income for people too hurt to work, workers’ compensation insurance and Social Security disability insurance (SSDI) function a little bit differently.
So if your workers’ compensation claim is denied, can you receive SSDI benefits instead? The answer may depend on if you’re filing for benefits from the state or federal government.

Where Were You Hurt?
Both workers’ compensation and disability benefits are legally mandated programs aimed to cover your expenses if you’re too injured to work. While state disability benefits are designed to cover non-work-related injuries and illnesses, workers’ compensation benefits are funded by your employer and are specifically for on-the-job injuries. As such, you are probably ineligible for state benefits if you’re hurt at work, even if workers’ comp doesn’t cover your injury.
That said, there are some cases where disability benefits may apply to work-related injuries. If state disability benefits are more substantial than workers’ compensation benefits for which you are eligible, or if your employer is disputing your workers’ comp claim, you may be eligible for state disability benefits.
How Long Will You Miss Work?
Another crucial difference is the classification of injury. Workers’ comp covers temporary injuries, from which you are expected to return to your previous employment within a year. On the other hand, in order to qualify for Social Security Disability benefits, you must have a physical or medical condition that has lasted or is expected to last for more than 12 months, and prevents you from doing any kind of work.
It is possible to receive both workers’ compensation and SSDI benefits if you are expected to be disabled for over a year or have a terminal illness. Generally, your SSDI benefits will be reduced, depending on how much you are receiving from workers’ comp.
If your worker’s compensation claim is denied outright and you have a disability that will keep you from working for over a year, you may be eligible for either state or federal disability benefits. To find out if you’re covered, you may want to talk to an experienced workers’ comp attorney.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
Workers’ Comp or Disability for Workplace Injuries? (FindLaw’s Injured)
Workers’ Comp or Lawsuit? 3 Considerations (FindLaw’s Injured)

Source: Legal Law Firm

You’re hurt and out of work, so who should compensate you? While they both aim to provide income for people too hurt to work, workers’ compensation insurance and Social Security disability insurance (SSDI) function a little bit differently.
So if your workers’ compensation claim is denied, can you receive SSDI benefits instead? The answer may depend on if you’re filing for benefits from the state or federal government.

Where Were You Hurt?
Both workers’ compensation and disability benefits are legally mandated programs aimed to cover your expenses if you’re too injured to work. While state disability benefits are designed to cover non-work-related injuries and illnesses, workers’ compensation benefits are funded by your employer and are specifically for on-the-job injuries. As such, you are probably ineligible for state benefits if you’re hurt at work, even if workers’ comp doesn’t cover your injury.
That said, there are some cases where disability benefits may apply to work-related injuries. If state disability benefits are more substantial than workers’ compensation benefits for which you are eligible, or if your employer is disputing your workers’ comp claim, you may be eligible for state disability benefits.
How Long Will You Miss Work?
Another crucial difference is the classification of injury. Workers’ comp covers temporary injuries, from which you are expected to return to your previous employment within a year. On the other hand, in order to qualify for Social Security Disability benefits, you must have a physical or medical condition that has lasted or is expected to last for more than 12 months, and prevents you from doing any kind of work.
It is possible to receive both workers’ compensation and SSDI benefits if you are expected to be disabled for over a year or have a terminal illness. Generally, your SSDI benefits will be reduced, depending on how much you are receiving from workers’ comp.
If your worker’s compensation claim is denied outright and you have a disability that will keep you from working for over a year, you may be eligible for either state or federal disability benefits. To find out if you’re covered, you may want to talk to an experienced workers’ comp attorney.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
Workers’ Comp or Disability for Workplace Injuries? (FindLaw’s Injured)
Workers’ Comp or Lawsuit? 3 Considerations (FindLaw’s Injured)

Source: Legal Law Firm

You’ve just gotten into a car crash. You were entirely innocent, and the other driver was 100 percent at fault. Your insurance paid your medical bills and your car repair bills. You think everything is all done. But, the insurer is contacting you and asking questions about what happened and who is at fault. They keep throwing around the words subrogation and lawsuit.
What is subrogation? Should you be worried?
Subrogation
Subrogation literally means one party stands in the place of another.

Normally, you need to have standing to sue, and to have standing, you must be the injured party. For example, I get hit in the face by a ball Tommy threw. I feel bad for Tommy, so I don’t want to sue him. My friend Jenny is so mad at Tommy that she wants to sue him on my behalf. However, since she wasn’t the person who suffered the harm, she can’t sue.
Subrogation allows a third party, who would usually not have standing to sue, to pursue a claim on behalf of the injured party.
Insurance
Subrogation commonly comes up in the insurance context. After an accident, your insurance company usually pays your medical bills. Then, it will turn around and assert a subrogation claim against the other driver to get reimbursed for the money it paid to you.
Subrogation can also work against you. For example, the insurance company pays you $10,000 for your medical bills. You sue the other driver, and you win $10,000 for medical bills and $5,000 for pain and suffering. Lucky you, you got your medical bills covered twice!
Now, your insurance company can make a subrogation claim to take the $10,000 for medical bills that the other driver paid. Your net earnings would still only be $10,000 for medical bills and $5,000 for pain and suffering, not $20,000 for medical bills.
Child Support
Subrogation also comes up often in the child support context. For example, say one parent owes child support but isn’t paying it, and the other parent must apply for welfare assistance such as food stamps. The government could then go after the delinquent child support payer for reimbursements of benefits paid to the other parent.
If an insurance company or the government is bringing a subrogation claim against you, an experienced attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
11 Things to Do After a Car Accident (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve just gotten into a car crash. You were entirely innocent, and the other driver was 100 percent at fault. Your insurance paid your medical bills and your car repair bills. You think everything is all done. But, the insurer is contacting you and asking questions about what happened and who is at fault. They keep throwing around the words subrogation and lawsuit.
What is subrogation? Should you be worried?
Subrogation
Subrogation literally means one party stands in the place of another.

Normally, you need to have standing to sue, and to have standing, you must be the injured party. For example, I get hit in the face by a ball Tommy threw. I feel bad for Tommy, so I don’t want to sue him. My friend Jenny is so mad at Tommy that she wants to sue him on my behalf. However, since she wasn’t the person who suffered the harm, she can’t sue.
Subrogation allows a third party, who would usually not have standing to sue, to pursue a claim on behalf of the injured party.
Insurance
Subrogation commonly comes up in the insurance context. After an accident, your insurance company usually pays your medical bills. Then, it will turn around and assert a subrogation claim against the other driver to get reimbursed for the money it paid to you.
Subrogation can also work against you. For example, the insurance company pays you $10,000 for your medical bills. You sue the other driver, and you win $10,000 for medical bills and $5,000 for pain and suffering. Lucky you, you got your medical bills covered twice!
Now, your insurance company can make a subrogation claim to take the $10,000 for medical bills that the other driver paid. Your net earnings would still only be $10,000 for medical bills and $5,000 for pain and suffering, not $20,000 for medical bills.
Child Support
Subrogation also comes up often in the child support context. For example, say one parent owes child support but isn’t paying it, and the other parent must apply for welfare assistance such as food stamps. The government could then go after the delinquent child support payer for reimbursements of benefits paid to the other parent.
If an insurance company or the government is bringing a subrogation claim against you, an experienced attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
11 Things to Do After a Car Accident (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

We’ve all heard of doctor-patient confidentiality or doctor-patient privilege many times on television.
We know that doctors can’t disclose our private medical information without our permission. However, as with all things law related, there are exceptions. Sometimes doctors are required by state law to disclose certain confidential information.
Is there an exception that will allow your doctor to testify against you at trial?

Doctor-Patient Privilege
Doctor-patient privilege is governed by state laws, so it can vary from state to state.
Doctor-patient privilege is a rule of evidence that prohibits doctors from disclosing private patient information to a third party without the patient’s permission. This privilege covers medical diagnosis, medical documents, any information the patient discloses in the course of treatment, and even the doctor’s opinions about the patient’s condition. This privilege is in place to ensure patients feel comfortable being completely honest with their treating physician.
However, the privilege is not absolute. Some states require doctors to report gunshot wounds, venereal disease, or suspected domestic or child abuse. In some cases, doctors may be required to disclose patient’s threats to harm either themselves or others. In the case of James Holmes, the man who killed several people at a movie theater, his psychiatrist did not violate doctor-patient privilege when she alerted campus police about Holmes’ threats.
Testifying at Trial
Doctor-patient privilege would generally prevent a doctor from testifying at trial. However, you can waive this privilege to allow your doctor to testify on your behalf.
You should think very carefully before deciding to waive your privilege. Once the privilege is waived, the opposing side can then ask your doctor about information that was previously privileged. You will not be able to reassert privilege.
For example, at trial, you ask your doctor to testify to how much a recent car accident aggravated your prior back injury. Since you’ve opened the door on the issue of your back injury, the opposing side can now ask your doctor questions about that prior back injury.
Breach of Doctor-Patient Privilege
Without a waiver, doctor-patient privilege continues indefinitely. Like attorney-client privilege, the doctor must keep information confidential even after you stop seeing him. The privilege will last even after you die. If the doctor testifies against you even though you did not waive the privilege, he has breached doctor-patient privilege. You may have a claim for malpractice or invasion of privacy or related causes of action.
If you are considering having your doctor testify at trial on your behalf, an experienced attorney will be able to help you consider your options and protect your privacy.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Therapists May Be Required To Report Threats (FindLaw’s Law and Daily Life)
Holmes’ Psychiatrist Alarmed, Called ‘Threat’ Team (FindLaw’s Blotter)
Etan Patz Case: When Must You Report a Confession? (FindLaw’s Blotter)

Source: Legal Law Firm

We’ve all heard of doctor-patient confidentiality or doctor-patient privilege many times on television.
We know that doctors can’t disclose our private medical information without our permission. However, as with all things law related, there are exceptions. Sometimes doctors are required by state law to disclose certain confidential information.
Is there an exception that will allow your doctor to testify against you at trial?

Doctor-Patient Privilege
Doctor-patient privilege is governed by state laws, so it can vary from state to state.
Doctor-patient privilege is a rule of evidence that prohibits doctors from disclosing private patient information to a third party without the patient’s permission. This privilege covers medical diagnosis, medical documents, any information the patient discloses in the course of treatment, and even the doctor’s opinions about the patient’s condition. This privilege is in place to ensure patients feel comfortable being completely honest with their treating physician.
However, the privilege is not absolute. Some states require doctors to report gunshot wounds, venereal disease, or suspected domestic or child abuse. In some cases, doctors may be required to disclose patient’s threats to harm either themselves or others. In the case of James Holmes, the man who killed several people at a movie theater, his psychiatrist did not violate doctor-patient privilege when she alerted campus police about Holmes’ threats.
Testifying at Trial
Doctor-patient privilege would generally prevent a doctor from testifying at trial. However, you can waive this privilege to allow your doctor to testify on your behalf.
You should think very carefully before deciding to waive your privilege. Once the privilege is waived, the opposing side can then ask your doctor about information that was previously privileged. You will not be able to reassert privilege.
For example, at trial, you ask your doctor to testify to how much a recent car accident aggravated your prior back injury. Since you’ve opened the door on the issue of your back injury, the opposing side can now ask your doctor questions about that prior back injury.
Breach of Doctor-Patient Privilege
Without a waiver, doctor-patient privilege continues indefinitely. Like attorney-client privilege, the doctor must keep information confidential even after you stop seeing him. The privilege will last even after you die. If the doctor testifies against you even though you did not waive the privilege, he has breached doctor-patient privilege. You may have a claim for malpractice or invasion of privacy or related causes of action.
If you are considering having your doctor testify at trial on your behalf, an experienced attorney will be able to help you consider your options and protect your privacy.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Therapists May Be Required To Report Threats (FindLaw’s Law and Daily Life)
Holmes’ Psychiatrist Alarmed, Called ‘Threat’ Team (FindLaw’s Blotter)
Etan Patz Case: When Must You Report a Confession? (FindLaw’s Blotter)

Source: Legal Law Firm

Stress at work is so ubiquitous that many of us accept it as a way of life.

However, if your stress is caused by the conditions at your work, you may have a workers’ compensation claim.

How to Get Workers’ Compensation For Stress

Since workers’ compensation laws vary from state to state, we will discuss California’s workers’ comp law as a general guide.

Work related

As with any other workers’ comp claim, you have to prove your stress was job related.

Stress can be caused by many factors both at work and away from work. In California, you only have to show that work events or conditions were the predominant (51 percent) cause of your condition. You don’t have to show that your stress was solely caused by work factors.

Qualifying work factors can include abusive supervisors, or a hostile work environment. Non-discriminatory, legal personnel actions such as criticism for bad work or refusal to promote do not qualify as work-related causes for stress.

6 Months of employment

Usually, you can claim workers’ compensation for an injury as long as it was during the course of your work duties, even if you just started work the day before.

However, to qualify for compensation for stress, California requires you to have worked for the employer for at least six months. The justification behind this rule is that stress develops overtime. Stress that shows up the second day of work probably wasn’t predominantly caused by events at work.

Proof

Stress claims are so hard to win because it is often almost impossible to prove. Insurance companies will investigate every aspect of your life to find out-of-work factors to point to as the cause of your stress.

California’s workers’ compensation laws are more generous than most other states. Some states require you to show that the stress you suffer is more than the normal level of stress everyone else suffers. Some states don’t allow stress claims for workers’ compensation at all.

Check your state’s laws to see if you are allowed to make a stress-related workers’ compensation claim. An experienced local workers’ comp attorney will be able to help you do so and evaluate your claim.

Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) ‘Pepper-Spraying Cop’ Wants Workers’ Comp (FindLaw’s Injured)
100 Sled Dogs Killed: Man Gets Workers’ Comp (FindLaw’s Law and Daily Life)
Can you Sue Over Mental Stress, Trauma? (FindLaw’s Injured)

Source: Legal Law Firm

Stress at work is so ubiquitous that many of us accept it as a way of life.

However, if your stress is caused by the conditions at your work, you may have a workers’ compensation claim.

How to Get Workers’ Compensation For Stress

Since workers’ compensation laws vary from state to state, we will discuss California’s workers’ comp law as a general guide.

Work related

As with any other workers’ comp claim, you have to prove your stress was job related.

Stress can be caused by many factors both at work and away from work. In California, you only have to show that work events or conditions were the predominant (51 percent) cause of your condition. You don’t have to show that your stress was solely caused by work factors.

Qualifying work factors can include abusive supervisors, or a hostile work environment. Non-discriminatory, legal personnel actions such as criticism for bad work or refusal to promote do not qualify as work-related causes for stress.

6 Months of employment

Usually, you can claim workers’ compensation for an injury as long as it was during the course of your work duties, even if you just started work the day before.

However, to qualify for compensation for stress, California requires you to have worked for the employer for at least six months. The justification behind this rule is that stress develops overtime. Stress that shows up the second day of work probably wasn’t predominantly caused by events at work.

Proof

Stress claims are so hard to win because it is often almost impossible to prove. Insurance companies will investigate every aspect of your life to find out-of-work factors to point to as the cause of your stress.

California’s workers’ compensation laws are more generous than most other states. Some states require you to show that the stress you suffer is more than the normal level of stress everyone else suffers. Some states don’t allow stress claims for workers’ compensation at all.

Check your state’s laws to see if you are allowed to make a stress-related workers’ compensation claim. An experienced local workers’ comp attorney will be able to help you do so and evaluate your claim.

Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) ‘Pepper-Spraying Cop’ Wants Workers’ Comp (FindLaw’s Injured)
100 Sled Dogs Killed: Man Gets Workers’ Comp (FindLaw’s Law and Daily Life)
Can you Sue Over Mental Stress, Trauma? (FindLaw’s Injured)

Source: Legal Law Firm

If you have ever had food poisoning, you have our sincerest sympathies.
Food poisoning is the result of consuming food contaminated with a bacteria or virus. Symptoms of food poisoning include fever, headache, nausea, diarrhea, and dehydration. Food poisoning can be caused by unclean hands when cooking, undercooked or raw foods, and improper storage which transmit the bacteria and viruses.

Here are three most common types of food poisoning:

1. E. Coli
E. coli is more formally known as Escherichia coli. It is a bacterium that lives in the digestive tract of mammals. Most strains of E. coli are harmless. However, E. coli O157:H7 is the leading cause of food poisoning.
E. coli can cause severe diarrhea, abdominal cramps, and in severe cases, Hemolytic Uremic Syndrome (HUS). HUS can cause kidney failure, stroke, and coma.
Most healthy adults recover easily from E. coli, but infection in young children and the elderly can cause death.
2. Salmonella
Salmonella is another bacterium that lives in the digestive tract of animals and humans. Salmonella infects fruits and vegetables when animal feces contaminates the water supply used to irrigate crops. Humans can also get salmonella from handling their pets.
Symptoms of food poisoning from salmonella usually start 12 to 72 hours after consumption. Symptoms include abdominal cramps, headache, fever, nausea, vomiting and severe diarrhea. More serious infections can also cause arterial infections, endocarditis, and arthritis.
Most people recover from salmonella without medical treatment. People with other health problems, young children, and the elderly may require antibiotics and intravenous fluids.
3. Listeria
Listeria monocytogenes is a bacteria commonly found in soil and water contaminated with animal feces. It can contaminate raw meats, fruits, and vegetables. The bacteria can still survive on foods that have been cooked or frozen.
According to the CDC, listeria infects nearly 1,600 people and kill over 200 people each year. Listeria can cause serious or fatal infections among young children and elderly people. Expectant mothers could suffer miscarriages or stillbirths. Healthy adults may only suffer short term symptoms such as fever, headache, stiffness, nausea, and diarrhea.
While food poisoning cases can often be hard to prove, you do have the right to sue the restaurant or manufacturer for food poisoning. Most food poisoning cases are based on the theory of negligence or strict liability. If you believe that you have a claim, an experienced consumer protection attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
What to Do After Food Poisoning (FindLaw’s Injured)
5 Things to Consider When Suing a Restaurant (FindLaw’s Injured)
To Sue for Food Poisoning, Do You Have to Be Hospitalized? (FindLaw’s Injured)

Source: Legal Law Firm

If you have ever had food poisoning, you have our sincerest sympathies.
Food poisoning is the result of consuming food contaminated with a bacteria or virus. Symptoms of food poisoning include fever, headache, nausea, diarrhea, and dehydration. Food poisoning can be caused by unclean hands when cooking, undercooked or raw foods, and improper storage which transmit the bacteria and viruses.

Here are three most common types of food poisoning:

1. E. Coli
E. coli is more formally known as Escherichia coli. It is a bacterium that lives in the digestive tract of mammals. Most strains of E. coli are harmless. However, E. coli O157:H7 is the leading cause of food poisoning.
E. coli can cause severe diarrhea, abdominal cramps, and in severe cases, Hemolytic Uremic Syndrome (HUS). HUS can cause kidney failure, stroke, and coma.
Most healthy adults recover easily from E. coli, but infection in young children and the elderly can cause death.
2. Salmonella
Salmonella is another bacterium that lives in the digestive tract of animals and humans. Salmonella infects fruits and vegetables when animal feces contaminates the water supply used to irrigate crops. Humans can also get salmonella from handling their pets.
Symptoms of food poisoning from salmonella usually start 12 to 72 hours after consumption. Symptoms include abdominal cramps, headache, fever, nausea, vomiting and severe diarrhea. More serious infections can also cause arterial infections, endocarditis, and arthritis.
Most people recover from salmonella without medical treatment. People with other health problems, young children, and the elderly may require antibiotics and intravenous fluids.
3. Listeria
Listeria monocytogenes is a bacteria commonly found in soil and water contaminated with animal feces. It can contaminate raw meats, fruits, and vegetables. The bacteria can still survive on foods that have been cooked or frozen.
According to the CDC, listeria infects nearly 1,600 people and kill over 200 people each year. Listeria can cause serious or fatal infections among young children and elderly people. Expectant mothers could suffer miscarriages or stillbirths. Healthy adults may only suffer short term symptoms such as fever, headache, stiffness, nausea, and diarrhea.
While food poisoning cases can often be hard to prove, you do have the right to sue the restaurant or manufacturer for food poisoning. Most food poisoning cases are based on the theory of negligence or strict liability. If you believe that you have a claim, an experienced consumer protection attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
What to Do After Food Poisoning (FindLaw’s Injured)
5 Things to Consider When Suing a Restaurant (FindLaw’s Injured)
To Sue for Food Poisoning, Do You Have to Be Hospitalized? (FindLaw’s Injured)

Source: Legal Law Firm