Can You Get Workers' Comp for Anxiety?

via Tumblr hobbsr04.tumblr.com/post/122875061402 Many of us get stressed at work. It’s an unavoidable hazard of having a job. However, some people suffer severe stress resulting in anxiety. Do you have anxiety? Is it affecting your ability to do your job and earn money? If yes, you may be able to get workers’ compensation for anxiety. The Golden Rule: Work Related The number one rule for all workers’ compensation claims: an injury must be work related to be eligible for workers’ compensation. “Work related” means that the injury was caused by or aggravated by either your work duties or the conditions of your workplace. Anxiety Workers’ Compensation Workers’ compensation laws vary from state to state. So, anxiety may be eligible for workers’ compensation in one state but not in the neighboring state. In California, New York, New Jersey, and Michigan, you can get workers’ compensation for anxiety as long as you can prove that work was the substantial contributing cause of the anxiety. Meanwhile, other states, such as North Carolina, will only provide workers’ compensation for a work injury “caused by an accident that qualifies as a specific traumatic incident.” In these states, unless you can show that the anxiety was caused by one traumatic incident, you won’t be able to get compensation for anxiety. Arguing that work is stressful in general is not enough to establish eligibility for workers’ compensation. Proof of Work Relatedness Even in states that will provide workers’ compensation for anxiety, making a successful claim is very hard. As I’ve said earlier, stress is a common condition among workers. In New Jersey, to win an anxiety workers’ comp claim, you have to show that the stress you suffered at work was far above the normal stress other workers suffered. Also, you have to show that the increased stress at work was the “material cause” for your anxiety. In California, you have to be able to prove that work was at least a 51 percent cause of your anxiety. This proof must be supported by a doctor’s testimony and detailed reports. If you want to make a workers’ compensation claim for anxiety, you will need an attorney’s help to prove that your injury is work related. Consult with an experienced local workers’ compensation attorney for help. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Can I Get Workers’ Comp For Injuries at a Company Picnic? (FindLaw’s Injured). Can You Get Worker’s Compensation for Obesity? (FindLaw’s Injured) Can You Get Workers’ Comp for Depression? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/can-you-get-workers-com... via Blogger hobbsr04.blogspot.com/2015/06/can-you-get-workers-comp-fo...

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Can You Get Workers' Comp for Anxiety?

Many of us get stressed at work. It’s an unavoidable hazard of having a job.

However, some people suffer severe stress resulting in anxiety. Do you have anxiety? Is it affecting your ability to do your job and earn money?

If yes, you may be able to get workers’ compensation for anxiety.

The Golden Rule: Work Related

The number one rule for all workers’ compensation claims: an injury must be work related to be eligible for workers’ compensation. “Work related” means that the injury was caused by or aggravated by either your work duties or the conditions of your workplace.

Anxiety Workers’ Compensation

Workers’ compensation laws vary from state to state. So, anxiety may be eligible for workers’ compensation in one state but not in the neighboring state.

In California, New York, New Jersey, and Michigan, you can get workers’ compensation for anxiety as long as you can prove that work was the substantial contributing cause of the anxiety.

Meanwhile, other states, such as North Carolina, will only provide workers’ compensation for a work injury “caused by an accident that qualifies as a specific traumatic incident.” In these states, unless you can show that the anxiety was caused by one traumatic incident, you won’t be able to get compensation for anxiety. Arguing that work is stressful in general is not enough to establish eligibility for workers’ compensation.

Proof of Work Relatedness

Even in states that will provide workers’ compensation for anxiety, making a successful claim is very hard.

As I’ve said earlier, stress is a common condition among workers. In New Jersey, to win an anxiety workers’ comp claim, you have to show that the stress you suffered at work was far above the normal stress other workers suffered. Also, you have to show that the increased stress at work was the “material cause” for your anxiety.

In California, you have to be able to prove that work was at least a 51 percent cause of your anxiety. This proof must be supported by a doctor’s testimony and detailed reports.

If you want to make a workers’ compensation claim for anxiety, you will need an attorney’s help to prove that your injury is work related. Consult with an experienced local workers’ compensation attorney for help.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can I Get Workers’ Comp For Injuries at a Company Picnic? (FindLaw’s Injured).
• Can You Get Worker’s Compensation for Obesity? (FindLaw’s Injured)
• Can You Get Workers’ Comp for Depression? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/can-you-get-workers-comp-for-anxiety.html

Lawn Mower Injuries: Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/122787690187 Summer is here. Grass is growing. Time to break out the lawn mower — but be careful! Every year, more people are getting injured by lawn mowers. According to the Consumer Product Safety Commission, 83,291 people were injured by lawn mowers in 2011. Of those people injured, 3,780 were children under the age of 14. If you’re injured by a lawn mower, can you sue? Possible Injuries Lawn mowers may seem harmless, but they are dangerous heavy machinery. There are a plethora of ways a user or bystander can be injured by a lawn mower, such as: Children are run over and crushed behind a lawn mower in reverse. Toes and limbs are cut or severed by the lawn mower’s blades. Loose objects such as rocks can be propelled at high speeds when hit by the lawn mower’s blades. Riding lawn mowers can roll over and crush the rider. According to the American Academy of Orthopedic Surgeons, “limb injuries and chest, or crush, injuries are common with riding mowers.” Avoiding Injuries Here are some tips to avoid lawn mower injuries: Always wear protective gears such as goggles and closed toe shoes. Do not allow children to play nearby when a lawn mower is being operated. Additionally, do not allow children to ride on a lawn mower, especially on an adult’s lap. Pick up stones and toys that could become hazardous flying objects before mowing. Never mow in reverse. Safety Defects and Product Liability Lawsuits Sometimes, lawn mower injuries may be unavoidable because of a defect in the mower’s design. For example, in one case, an 88-year-old man was killed when a defective fuel tank caused the lawn mower to explode while he was riding it. In another case, a father sued the manufacturer of a lawn mower after he backed over his daughter, causing her severe injury. The father argued that the lawn mower was defective because it did not have proper safety precautions that would have prevented him from injuring his daughter. In both cases, the manufacturers were sued for product liability. In the first case, the jury awarded the victim’s family $2.5 million dollars. In the second case, the parties settled for a confidential amount. Negligence Reduces Lawsuit Recovery More often than not, lawn mower injuries are caused by improper use or user error rather than a product defect. While you may sue the manufacturer, evidence of your own negligence in handling the lawn mower could reduce your recovery or prevent you from recovering any money at all. Also, if your negligent handling of a lawn mower caused someone else injury, you could be sued for negligence. This summer, be extra careful when operating a lawn mower, and if you are sued or injured, consult with an experienced personal injury attorney for help. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Man Arrested for Drunken Lawn Mower Ride (FindLaw’s Legally Weird) Proof in a Negligence Case (FindLaw’s Learn About The Law) Lawn Mower DWI: NC Man on Mower Hit by 2 Cars (FindLaw’s Blotter) from Injured blogs.findlaw.com/injured/2015/06/lawn-mower-injuries-can... via Blogger hobbsr04.blogspot.com/2015/06/lawn-mower-injuries-can-you...

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Lawn Mower Injuries: Can You Sue?

Summer is here. Grass is growing. Time to break out the lawn mower — but be careful!

Every year, more people are getting injured by lawn mowers. According to the Consumer Product Safety Commission, 83,291 people were injured by lawn mowers in 2011. Of those people injured, 3,780 were children under the age of 14.

If you’re injured by a lawn mower, can you sue?

Possible Injuries

Lawn mowers may seem harmless, but they are dangerous heavy machinery. There are a plethora of ways a user or bystander can be injured by a lawn mower, such as:

• Children are run over and crushed behind a lawn mower in reverse.
• Toes and limbs are cut or severed by the lawn mower’s blades.
• Loose objects such as rocks can be propelled at high speeds when hit by the lawn mower’s blades.
• Riding lawn mowers can roll over and crush the rider. According to the American Academy of Orthopedic Surgeons, “limb injuries and chest, or crush, injuries are common with riding mowers.”

Avoiding Injuries

Here are some tips to avoid lawn mower injuries:

• Always wear protective gears such as goggles and closed toe shoes.
• Do not allow children to play nearby when a lawn mower is being operated. Additionally, do not allow children to ride on a lawn mower, especially on an adult’s lap.
• Pick up stones and toys that could become hazardous flying objects before mowing.
• Never mow in reverse.

Safety Defects and Product Liability Lawsuits

Sometimes, lawn mower injuries may be unavoidable because of a defect in the mower’s design.

For example, in one case, an 88-year-old man was killed when a defective fuel tank caused the lawn mower to explode while he was riding it.

In another case, a father sued the manufacturer of a lawn mower after he backed over his daughter, causing her severe injury. The father argued that the lawn mower was defective because it did not have proper safety precautions that would have prevented him from injuring his daughter.

In both cases, the manufacturers were sued for product liability. In the first case, the jury awarded the victim’s family $2.5 million dollars. In the second case, the parties settled for a confidential amount.

Negligence Reduces Lawsuit Recovery

More often than not, lawn mower injuries are caused by improper use or user error rather than a product defect. While you may sue the manufacturer, evidence of your own negligence in handling the lawn mower could reduce your recovery or prevent you from recovering any money at all.

Also, if your negligent handling of a lawn mower caused someone else injury, you could be sued for negligence.

This summer, be extra careful when operating a lawn mower, and if you are sued or injured, consult with an experienced personal injury attorney for help.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Man Arrested for Drunken Lawn Mower Ride (FindLaw’s Legally Weird)
• Proof in a Negligence Case (FindLaw’s Learn About The Law)
• Lawn Mower DWI: NC Man on Mower Hit by 2 Cars (FindLaw’s Blotter)

from Injured http://blogs.findlaw.com/injured/2015/06/lawn-mower-injuries-can-you-sue.html

If a Doctor Mocks Your Body, Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/122540228922 What’s worst? Getting a colonoscopy, or getting mocked while you’re passed out for that colonoscopy? A patient identified only as D.B. successfully sued his anesthesiologist for defamation and medical malpractice after she and other doctors relentlessly mocked him while he was unconscious. By accident, he had recorded the whole conversation, and that recording has now paid off to the tune of $500,000. Can you really sue a doctor for making fun of you? Recording in Progress Two years ago, D.B. was sitting in his doctor’s office waiting for a colonoscopy. Wanting to make sure he remembered all of the doctor’s post-procedure instructions, he turned on the record function on his phone … and forgot to turn it off. So, while he was unconscious, the phone recorded the anesthesiologist, Tiffany Ingham, say that she wanted to punch D.B. She goes on to tell a colleague that a rash on D.B.’s penis was probably syphilis or tuberculosis. If that wasn’t bad enough, she talked about giving him a false diagnosis, hemorrhoids, and actually marked it on his medical record! Is this bad enough to bring a successful lawsuit? … Yes. Defamation and Medical Malpractice D.B. sued Ingham, the office that she worked for, and another doctor who was present for defamation and medical malpractice. The second doctor was dismissed from the case. To win the defamation claim, D.B. had to prove that Ingham made a false statement about D.B. that was heard by a third person, and that statement damaged his reputation. In this case, Ingham said that D.B. had syphilis or tuberculosis, which is undisputedly untrue. While only a few people actually heard Ingham’s comment, courts have held that only one other person must hear a statement for defamation to be found. Defendant Ingham may argue that her comments couldn’t have hurt D.B.’s reputation because no one took her seriously. However, courts have held that falsely saying someone has a venereal disease is per se defamatory. So, the jury awarded D.B. $50,000 for the syphilis comment, $50,000 for the tuberculosis comment, $200,000 for medical malpractice, and $200,000 in punitive damages. If your doctor has defamed you or injured you during a medical procedure, consult with an experienced personal injury attorney for help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Patient sues anesthesiologist who mocked him while sedated (CBS News) Defamation, Libel, and Slander: Background (FindLaw’s Learn About The Law) Doctor Sued Over Prank on Unconscious Patient (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/if-a-doctor-mocks-your-... via Blogger hobbsr04.blogspot.com/2015/06/if-doctor-mocks-your-body-c...

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If a Doctor Mocks Your Body, Can You Sue?

What’s worst? Getting a colonoscopy, or getting mocked while you’re passed out for that colonoscopy?

A patient identified only as D.B. successfully sued his anesthesiologist for defamation and medical malpractice after she and other doctors relentlessly mocked him while he was unconscious. By accident, he had recorded the whole conversation, and that recording has now paid off to the tune of $500,000.

Can you really sue a doctor for making fun of you?

Recording in Progress

Two years ago, D.B. was sitting in his doctor’s office waiting for a colonoscopy. Wanting to make sure he remembered all of the doctor’s post-procedure instructions, he turned on the record function on his phone … and forgot to turn it off.

So, while he was unconscious, the phone recorded the anesthesiologist, Tiffany Ingham, say that she wanted to punch D.B. She goes on to tell a colleague that a rash on D.B.’s penis was probably syphilis or tuberculosis. If that wasn’t bad enough, she talked about giving him a false diagnosis, hemorrhoids, and actually marked it on his medical record!

Is this bad enough to bring a successful lawsuit? … Yes.

Defamation and Medical Malpractice

D.B. sued Ingham, the office that she worked for, and another doctor who was present for defamation and medical malpractice. The second doctor was dismissed from the case.

To win the defamation claim, D.B. had to prove that Ingham made a false statement about D.B. that was heard by a third person, and that statement damaged his reputation.

In this case, Ingham said that D.B. had syphilis or tuberculosis, which is undisputedly untrue. While only a few people actually heard Ingham’s comment, courts have held that only one other person must hear a statement for defamation to be found.

Defendant Ingham may argue that her comments couldn’t have hurt D.B.’s reputation because no one took her seriously. However, courts have held that falsely saying someone has a venereal disease is per se defamatory.

So, the jury awarded D.B. $50,000 for the syphilis comment, $50,000 for the tuberculosis comment, $200,000 for medical malpractice, and $200,000 in punitive damages.

If your doctor has defamed you or injured you during a medical procedure, consult with an experienced personal injury attorney for help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Patient sues anesthesiologist who mocked him while sedated (CBS News)
• Defamation, Libel, and Slander: Background (FindLaw’s Learn About The Law)
• Doctor Sued Over Prank on Unconscious Patient (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/if-a-doctor-mocks-your-body-can-you-sue.html

Uber Driver Sued for Sexually Assaulting Teen

via Tumblr hobbsr04.tumblr.com/post/122457337442 Uber is going back to court once again. The mother of a 13-year-old girl is suing Uber and one of its drivers after the driver was convicted of sexually assaulting the young girl. The Disturbing Rides Isagani A. Marin is a driver for Uber. Between October and November of last year, Marin drove a young girl (named Child Doe in the case) from her home to her middle school 10 to 20 times. According to the lawsuit, Marin made several inappropriate sexual comments, offered to buy the girl panties, and asked her to not get another boyfriend. The disturbing interaction came to light after the girl reported Marin rubbing her inner thigh to her mother. The mother called police and Marin was arrested three months later. The prosecutor charged Marin with misdemeanor assault, and he pled guilty earlier this year. Luckily for him, Marin only received a six-month suspended jail sentence. Had he been sentenced to the maximum penalty, Marin could have faced 12 months in jail. In addition to the suspended sentence, the court suspended Marin’s driver’s license for a month and banned him from having any contact with the victim. The Civil Case While Marin’s criminal case is over, he’ll soon be returning to court again, this time in civil court. This month, the Child Doe’s mother filed a lawsuit suing Marin and Uber for her daughter’s sexual assault. The lawsuit accuses Uber of not properly screening and training Marin. The mother is claiming that Marin had several traffic offenses, including reckless driving, that Uber overlooked. Negligent Hiring From the reported facts, it sounds like the victim’s family is claiming negligent hiring against Uber. Negligent hiring holds a company liable for its employee’s criminal acts. To win such a claim, the plaintiffs would have to prove that the employer acted carelessly when hiring the employee, and such carelessness exposed its clients to harm. Here, the plaintiff contends that Uber hired Marin without doing a proper background check on him. Also, Marin was convicted of reckless driving but was still hired to drive people around. Uber may argue that, even with the reckless driving convictions, nothing in Marin’s background check indicated that he would sexually assault or target young girls. The victim and family are asking for $2.4 million in damages. Related Resources: Uber sued for millions after assault of teenage girl (Chicago Tribune) Ride Service Uber Sued Over Girl’s Death (FindLaw’s Injured) ‘Cash Cab’ Crash Kills Vancouver Pedestrian (FindLaw’s Injured) 2 Uber Drivers Accused of Crimes: Assault, Kidnapping Alleged (FindLaw’s Blotter) from Injured blogs.findlaw.com/injured/2015/06/uber-driver-sued-for-se... via Blogger hobbsr04.blogspot.com/2015/06/uber-driver-sued-for-sexual...

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Uber Driver Sued for Sexually Assaulting Teen

Uber is going back to court once again.

The mother of a 13-year-old girl is suing Uber and one of its drivers after the driver was convicted of sexually assaulting the young girl.

The Disturbing Rides

Isagani A. Marin is a driver for Uber. Between October and November of last year, Marin drove a young girl (named Child Doe in the case) from her home to her middle school 10 to 20 times. According to the lawsuit, Marin made several inappropriate sexual comments, offered to buy the girl panties, and asked her to not get another boyfriend.

The disturbing interaction came to light after the girl reported Marin rubbing her inner thigh to her mother. The mother called police and Marin was arrested three months later. The prosecutor charged Marin with misdemeanor assault, and he pled guilty earlier this year.

Luckily for him, Marin only received a six-month suspended jail sentence. Had he been sentenced to the maximum penalty, Marin could have faced 12 months in jail. In addition to the suspended sentence, the court suspended Marin's driver's license for a month and banned him from having any contact with the victim.

The Civil Case

While Marin's criminal case is over, he'll soon be returning to court again, this time in civil court. This month, the Child Doe's mother filed a lawsuit suing Marin and Uber for her daughter's sexual assault.

The lawsuit accuses Uber of not properly screening and training Marin. The mother is claiming that Marin had several traffic offenses, including reckless driving, that Uber overlooked.

Negligent Hiring

From the reported facts, it sounds like the victim's family is claiming negligent hiring against Uber.

Negligent hiring holds a company liable for its employee's criminal acts. To win such a claim, the plaintiffs would have to prove that the employer acted carelessly when hiring the employee, and such carelessness exposed its clients to harm.

Here, the plaintiff contends that Uber hired Marin without doing a proper background check on him. Also, Marin was convicted of reckless driving but was still hired to drive people around. Uber may argue that, even with the reckless driving convictions, nothing in Marin's background check indicated that he would sexually assault or target young girls.

The victim and family are asking for $2.4 million in damages.

Related Resources:

• Uber sued for millions after assault of teenage girl (Chicago Tribune)
• Ride Service Uber Sued Over Girl's Death (FindLaw's Injured)
• 'Cash Cab' Crash Kills Vancouver Pedestrian (FindLaw's Injured)
• 2 Uber Drivers Accused of Crimes: Assault, Kidnapping Alleged (FindLaw's Blotter)

from Injured http://blogs.findlaw.com/injured/2015/06/uber-driver-sued-for-sexually-assaulting-teen.html

Is a Parking Garage Responsible for Damaged or Stolen Cars?

via Tumblr hobbsr04.tumblr.com/post/122376634077 After being unable to find parking on the street, you pay to park your car in a garage. Then, you go off and enjoy a wonderful dinner. On your return, you find that your car has been broken into, or, even worse, completely gone. Is the parking garage responsible for your loss? Can you sue? Parking Garage Liability The answer is that it depends. Courts have issued conflicting decisions the question of a parking garage owner’s liability for car damages or thefts. Generally, to determine liability, courts will consider whether the situation was a bailment or a lease. Bailment Bailment is “the transfer of possession but not ownership of personal property for a limited time or specified purpose.” In cases of bailment, you relinquish temporary control of your property to another person. For example, a coat check is a bailment. You give the coat checker possession of your coat, and you no longer have any control over the coat while it’s in the checker’s possession. In bailment transactions, the bailor (the person you give your possessions too) has a duty to take reasonable steps to care for your property. In most cases, if you’ve relinquished possession of your keys and cars to a valet or parking garage operator, the transaction is a bailment. The parking garage will be liable for theft or damage to your car. Lease Alternatively, if you parked the car yourself and kept your keys, most courts would consider this a lease. By parking your car yourself and keeping the keys, you did not relinquish possession of your property. In most cases, parking lot operators are not liable for theft or damages in case of a lease. Paid a Fee, Bailment or Lease? Let’s consider a third situation. You paid a fee to get into a parking lot and parked the car yourself. You lock the car and take the keys with you. Is this a bailment or a lease. The majority opinion among courts is that this is a lease, and the parking lot operator does not have liability. However, in a minority of cases, such as Nargi v. Parking Associates Corp from New York, courts have held that this situation is a bailment, and a parking operator is liable if it doesn’t exercise due care to protect the cars. If your car has been damaged or stolen from a parking lot, consult with an experienced litigation attorney to assess the parking garage operator’s liability and your options. Related Resources: 5 Tips for Dealing With Parking Lot Accidents (FindLaw’s Injured) Bumped in the Parking Lot? 3 Ways to Recover for Dents, Dings (FindLaw’s Injured) Who’s Liable for Damages to Vehicles in Ballpark/Stadium Parking Lots? (FindLaw’s Tarnished Twenty) Man Finds His Stolen Truck on Craigslist (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2015/06/is-a-parking-garage-res... via Blogger hobbsr04.blogspot.com/2015/06/is-parking-garage-responsib...

via Flickr http://www.flickr.com/photos/87814799@N02/19125869422

Is a Parking Garage Responsible for Damaged or Stolen Cars?

After being unable to find parking on the street, you pay to park your car in a garage. Then, you go off and enjoy a wonderful dinner. On your return, you find that your car has been broken into, or, even worse, completely gone.

Is the parking garage responsible for your loss? Can you sue?

Parking Garage Liability

The answer is that it depends. Courts have issued conflicting decisions the question of a parking garage owner's liability for car damages or thefts. Generally, to determine liability, courts will consider whether the situation was a bailment or a lease.

Bailment

Bailment is "the transfer of possession but not ownership of personal property for a limited time or specified purpose." In cases of bailment, you relinquish temporary control of your property to another person. For example, a coat check is a bailment. You give the coat checker possession of your coat, and you no longer have any control over the coat while it's in the checker's possession.

In bailment transactions, the bailor (the person you give your possessions too) has a duty to take reasonable steps to care for your property.

In most cases, if you've relinquished possession of your keys and cars to a valet or parking garage operator, the transaction is a bailment. The parking garage will be liable for theft or damage to your car.

Lease

Alternatively, if you parked the car yourself and kept your keys, most courts would consider this a lease. By parking your car yourself and keeping the keys, you did not relinquish possession of your property. In most cases, parking lot operators are not liable for theft or damages in case of a lease.

Paid a Fee, Bailment or Lease?

Let's consider a third situation. You paid a fee to get into a parking lot and parked the car yourself. You lock the car and take the keys with you. Is this a bailment or a lease.

The majority opinion among courts is that this is a lease, and the parking lot operator does not have liability. However, in a minority of cases, such as Nargi v. Parking Associates Corp from New York, courts have held that this situation is a bailment, and a parking operator is liable if it doesn't exercise due care to protect the cars.

If your car has been damaged or stolen from a parking lot, consult with an experienced litigation attorney to assess the parking garage operator's liability and your options.

Related Resources:

• 5 Tips for Dealing With Parking Lot Accidents (FindLaw's Injured)
• Bumped in the Parking Lot? 3 Ways to Recover for Dents, Dings (FindLaw's Injured)
• Who's Liable for Damages to Vehicles in Ballpark/Stadium Parking Lots? (FindLaw's Tarnished Twenty)
• Man Finds His Stolen Truck on Craigslist (FindLaw's Legally Weird)

from Injured http://blogs.findlaw.com/injured/2015/06/is-a-parking-garage-responsible-for-damaged-or-stolen-cars.html

How Long Do I Have to Be Employed to Get Workers' Comp?

via Tumblr hobbsr04.tumblr.com/post/122352151112 Getting hurt on your first day of work is not a great look. You were hoping to make a great first impression, and now your boss might be having second thoughts about her hiring practices. All future career concerns aside, can you get worker’s compensation benefits, even though you just started your job? How long do you need to be on the job before you’re eligible for workers’ comp? Tick, Tock While state workers’ comp laws may vary on the particulars, generally the workers’ compensation system doesn’t take your length of employment into account. The essential elements to most workers’ comp claims are: Whether you are an employee or an independent contractor (properly classified independent contractors are not eligible); Whether you are an exempted employee (federal and state laws exempt some employees like railroad, agricultural, or domestic workers from eligibility); and Whether your injury was work-related (even injuries suffered outside the office may be covered if they are associated with your job). Therefore, it generally won’t matter if you’ve been on the job two hours or two decades — if you’re eligible for benefits and the injury is work-related, you should be covered. Also, your employer is required to contribute to the worker’s compensation system to cover all employees, so, unlike unemployment, your benefits are not contingent on the amount of hours you’ve worked. On the Clock While you may not have to be on the job long to collect workers’ comp, you may have to act promptly. Like an injury case, workers’ comp claims are restricted by a statute of limitation which means you have to file you claim within a certain amount of time or you won’t be able to file it at all. The statute of limitation for workers’ comp claims can vary by state, so it’s best to file your claim as soon as possible. If your employer is denying your claim, or you’re otherwise having trouble collecting your benefits, you may want to consult with an experienced workers’ compensation attorney near you. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) How Long Will My Workers’ Comp Claim Take? (FindLaw’s Injured) How Long Will Workers’ Compensation Benefits Last? (FindLaw’s Injured) What’s the Time Limit for a Worker’s Comp Claim? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/how-long-do-i-have-to-b... via Blogger hobbsr04.blogspot.com/2015/06/how-long-do-i-have-to-be-em...

via Flickr http://www.flickr.com/photos/87814799@N02/18935969608

How Long Do I Have to Be Employed to Get Workers' Comp?

Getting hurt on your first day of work is not a great look. You were hoping to make a great first impression, and now your boss might be having second thoughts about her hiring practices.

All future career concerns aside, can you get worker’s compensation benefits, even though you just started your job? How long do you need to be on the job before you’re eligible for workers’ comp?

Tick, Tock

While state workers’ comp laws may vary on the particulars, generally the workers’ compensation system doesn’t take your length of employment into account. The essential elements to most workers’ comp claims are:

• Whether you are an employee or an independent contractor (properly classified independent contractors are not eligible);
• Whether you are an exempted employee (federal and state laws exempt some employees like railroad, agricultural, or domestic workers from eligibility); and
• Whether your injury was work-related (even injuries suffered outside the office may be covered if they are associated with your job).

Therefore, it generally won’t matter if you’ve been on the job two hours or two decades — if you’re eligible for benefits and the injury is work-related, you should be covered. Also, your employer is required to contribute to the worker’s compensation system to cover all employees, so, unlike unemployment, your benefits are not contingent on the amount of hours you’ve worked.

On the Clock

While you may not have to be on the job long to collect workers’ comp, you may have to act promptly. Like an injury case, workers’ comp claims are restricted by a statute of limitation which means you have to file you claim within a certain amount of time or you won’t be able to file it at all. The statute of limitation for workers’ comp claims can vary by state, so it’s best to file your claim as soon as possible.

If your employer is denying your claim, or you’re otherwise having trouble collecting your benefits, you may want to consult with an experienced workers’ compensation attorney near you.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• How Long Will My Workers’ Comp Claim Take? (FindLaw’s Injured)
• How Long Will Workers’ Compensation Benefits Last? (FindLaw’s Injured)
• What’s the Time Limit for a Worker’s Comp Claim? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/how-long-do-i-have-to-be-employed-to-get-workers-comp.html

If My Car Is Damaged by Road Conditions or Construction, Can I Sue?

via Tumblr hobbsr04.tumblr.com/post/122279511712 Most of us know what to do after a car accident: make sure everyone is OK, exchange insurance info, etc. But what if your car isn’t damaged by another car, but by the road itself? If your car is damaged by a road condition or during road repair or construction, can you sue the construction company or the municipality responsible for the road’s maintenance? From winter potholes to widening interstate highways, let’s take a look at who might be responsible for damage caused by poor road conditions. Suing City Hall Contrary to the popular adage, you can sue city hall. Road maintenance generally falls to the city, county, or state to maintain. As a result, the government may be responsible for any damages caused by roads that aren’t kept reasonably safe. While it may be difficult to distinguish which government entity is responsible for the road, that entity should be your first stop in determining responsibility for damage caused by poorly maintained roads. That said, injury claims against the government aren’t the same as your normal fender bender. While state and federal tort claims acts may provide for lawsuits against government entities, you must first file a “notice of claim” with the entity and your claim may be subject to different statutes of limitation. So you’ll want to act quickly if your car is damaged due to road condition. Claims Against Construction Crews It’s possible that your vehicle was damaged not by government negligence, but by the government’s attempt to fix or maintain the roads. Construction companies have a general duty to keep a construction zone safe. If the company is negligent in maintaining a safe construction zone and that negligence leads to vehicle damage or an injury, the company could be liable for damages. As with a normal car accident, you should attempt to document the vehicle damage as best as possible. Be sure to report the damage to your insurance carrier as soon as possible. Your automobile insurance policy may cover the cost of repairs. If you’re having trouble filing a claim against the government or collecting from your insurance company, an experienced car accident attorney may be able to help. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Your City Could Pay for Car Damage Caused by Potholes. But It Probably Won’t(Time) 5 Car Accident Myths (FindLaw’s Injured) Can You Really Sue City Hall? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/if-my-car-is-damaged-by... via Blogger hobbsr04.blogspot.com/2015/06/if-my-car-is-damaged-by-roa...

via Flickr http://www.flickr.com/photos/87814799@N02/19099315881

If My Car Is Damaged by Road Conditions or Construction, Can I Sue?

Most of us know what to do after a car accident: make sure everyone is OK, exchange insurance info, etc. But what if your car isn’t damaged by another car, but by the road itself? If your car is damaged by a road condition or during road repair or construction, can you sue the construction company or the municipality responsible for the road’s maintenance?

From winter potholes to widening interstate highways, let’s take a look at who might be responsible for damage caused by poor road conditions.

Suing City Hall

Contrary to the popular adage, you can sue city hall. Road maintenance generally falls to the city, county, or state to maintain. As a result, the government may be responsible for any damages caused by roads that aren’t kept reasonably safe. While it may be difficult to distinguish which government entity is responsible for the road, that entity should be your first stop in determining responsibility for damage caused by poorly maintained roads.

That said, injury claims against the government aren’t the same as your normal fender bender. While state and federal tort claims acts may provide for lawsuits against government entities, you must first file a “notice of claim” with the entity and your claim may be subject to different statutes of limitation. So you’ll want to act quickly if your car is damaged due to road condition.

Claims Against Construction Crews

It’s possible that your vehicle was damaged not by government negligence, but by the government’s attempt to fix or maintain the roads. Construction companies have a general duty to keep a construction zone safe. If the company is negligent in maintaining a safe construction zone and that negligence leads to vehicle damage or an injury, the company could be liable for damages.

As with a normal car accident, you should attempt to document the vehicle damage as best as possible. Be sure to report the damage to your insurance carrier as soon as possible. Your automobile insurance policy may cover the cost of repairs.

If you’re having trouble filing a claim against the government or collecting from your insurance company, an experienced car accident attorney may be able to help.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Your City Could Pay for Car Damage Caused by Potholes. But It Probably Won’t(Time)
• 5 Car Accident Myths (FindLaw’s Injured)
• Can You Really Sue City Hall? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/if-my-car-is-damaged-by-road-conditions-or-construction-can-i-sue.html

If You're Injured Abroad, Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/122261749712 On your first day in London, you’re crossing the street to see Buckingham Palace. Bam! You’re hit by a car. Not only are you in incredible pain, now you have a huge medical bill, and you’re going to miss out on the rest of your trip. What can you do about it? If you’re injured abroad, can you sue? Yes, but Where? Generally, if the other party is at fault you can sue. The hard question is where. Do you sue in the United States? Or, do you have to sue where you got injured? Jurisdiction In the United States, a court must have jurisdiction over the defendant and the case to render any type of judgment. So, you’ll want to make sure the court you decide to sue in has jurisdiction, or else your case will be dismissed. Courts must have both personal jurisdiction and subject matter jurisdiction to hear a case, but only personal jurisdiction is pertinent to this question. Personal jurisdiction Personal jurisdiction means jurisdiction over the defendant. A court may have personal jurisdiction if the defendant: Was physically present in the jurisdiction, Either lives or does business in the jurisdiction, Consents to personal jurisdiction, or Has some kind of minimum contact with the jurisdiction. So, to be able to sue in the United States, the driver that hit you must have either come to your state at some time, done business in your state, consented to be sued in your state, or had some kind of minimum contact with your state. If the defendant in your case has never left London and has no contacts to the United States whatsoever, you’ll have to sue abroad because a United States court won’t have jurisdiction. Contracts If you were injured by your tour company, hotel, or somebody you signed a terms of service contract with, the contract may determine where you must file suit if you want to sue. Contracts sometimes have forum selection clauses, where you agree to sue them in a particular place, or an arbitration agreement, where you agree to go to arbitration instead of suing in court. If you’ve been injured while abroad, consult with an experienced personal injury attorney for help. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Model Death Highlights Plastic Surgery Dangers Abroad (FindLaw’s Injured) What if I’m Injured Hiking or Camping? (FindLaw’s Injured) Can You Get Worker’s Comp for Getting Hurt on Vacation? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/if-youre-injured-abroad... via Blogger hobbsr04.blogspot.com/2015/06/if-youre-injured-abroad-can...

via Flickr http://www.flickr.com/photos/87814799@N02/19063343506

If You're Injured Abroad, Can You Sue?

On your first day in London, you’re crossing the street to see Buckingham Palace. Bam! You’re hit by a car.

Not only are you in incredible pain, now you have a huge medical bill, and you’re going to miss out on the rest of your trip. What can you do about it?

If you’re injured abroad, can you sue?

Yes, but Where?

Generally, if the other party is at fault you can sue. The hard question is where. Do you sue in the United States? Or, do you have to sue where you got injured?

Jurisdiction

In the United States, a court must have jurisdiction over the defendant and the case to render any type of judgment. So, you’ll want to make sure the court you decide to sue in has jurisdiction, or else your case will be dismissed. Courts must have both personal jurisdiction and subject matter jurisdiction to hear a case, but only personal jurisdiction is pertinent to this question.

Personal jurisdiction

Personal jurisdiction means jurisdiction over the defendant. A court may have personal jurisdiction if the defendant:

• Was physically present in the jurisdiction,
• Either lives or does business in the jurisdiction,
• Consents to personal jurisdiction, or
• Has some kind of minimum contact with the jurisdiction.

So, to be able to sue in the United States, the driver that hit you must have either come to your state at some time, done business in your state, consented to be sued in your state, or had some kind of minimum contact with your state. If the defendant in your case has never left London and has no contacts to the United States whatsoever, you’ll have to sue abroad because a United States court won’t have jurisdiction.

Contracts

If you were injured by your tour company, hotel, or somebody you signed a terms of service contract with, the contract may determine where you must file suit if you want to sue. Contracts sometimes have forum selection clauses, where you agree to sue them in a particular place, or an arbitration agreement, where you agree to go to arbitration instead of suing in court.

If you’ve been injured while abroad, consult with an experienced personal injury attorney for help.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Model Death Highlights Plastic Surgery Dangers Abroad (FindLaw’s Injured)
• What if I’m Injured Hiking or Camping? (FindLaw’s Injured)
• Can You Get Worker’s Comp for Getting Hurt on Vacation? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/if-youre-injured-abroad-can-you-sue.html

Swimming Pools Laws and Liabilities Round Up

via Tumblr hobbsr04.tumblr.com/post/122207263957 Summer is officially here! This means it’s time to clean out the swimming pool, dust off the swimming suits, and dive in! However, the pleasures of swimming pools are balanced with a host of dangers that could mean a lot of liability for swimming pool owners and injuries for visitors. So, here is a round-up of our best swimming pool articles to help you prepare for swimming season: Owners’ Liabilities Is Your Swimming Pool an Attractive Nuisance? — Attractive nuisance is a legal term that means property owners have a special duty to protect children from getting injured on their property. Children are often attracted to swimming pools but do not know how to play in one safely. Owners often have a duty to prevent children from harming themselves in swimming pools. My Neighbors Just Built a Pool - Do They Need a Fence Around It? — An easy way to ensure children don’t get hurt in swimming pools is to erect a fence and lock as well as maintaining proper covers and life-saving equipment. Swimming Pool Chemicals Injure Thousands Yearly — Swimming pools maintenance requires a lot of chemicals. Be careful when adding chemicals to ensure that you don’t add too much or the wrong chemicals. Girl, 11, Electrocuted in Swimming Pool — Make sure that all electrical equipment is properly maintained to protect swimmers from electrocution. Failure to exercise reasonable care in such matters could get you sued. Pool Drains Must Comply With New Federal Safety Rules — Do your pool drains and filter covers comply with regulations? Swimmers could drown when they get stuck covers and drains, and you could get sued. Swimmers’ Injuries If I Slip and Fall at a Pool, Can I Sue? — Water doesn’t always stay in the pool. Swimmers getting in and out of pools and splashing inevitably cause floors to be wet and slippery and raise the chances of a slip and fall. If you’ve been injured at a swimming pool you may be eligible for damages if you can prove negligence. Injured at a Public Pool? 3 Tips for Filing a Claim or Lawsuit — If you’re injured at a private pool, you’d sue the owner in court. However, if you’re injured at a public pool, there are often extra hurdles to jump over when suing the government. Are Hotel Pool Liability Waivers Enforceable? — Think you can’t sue because of a liability waiver? Think again. Depending on the circumstances of your injury and the wording of the waiver, the hotel may still be held liable if you’re injured at a hotel pool. If you’ve been injured at a swimming pool, or a guest has been injured at your swimming pool this summer, consult with an experienced personal injury attorney for help. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Pool Accidents: What Swimming Pool Laws Apply? (FindLaw’s Injured) 3 Ways Your Pool Can Land You in Legal Hot Water (FindLaw’s Injured) Pool Hopping Injuries: Who’s Liable? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/swimming-pools-laws-and... via Blogger hobbsr04.blogspot.com/2015/06/swimming-pools-laws-and-lia...

via Flickr http://www.flickr.com/photos/87814799@N02/18881879459

Swimming Pools Laws and Liabilities Round Up

Summer is officially here! This means it’s time to clean out the swimming pool, dust off the swimming suits, and dive in!

However, the pleasures of swimming pools are balanced with a host of dangers that could mean a lot of liability for swimming pool owners and injuries for visitors.

So, here is a round-up of our best swimming pool articles to help you prepare for swimming season:

Owners’ Liabilities

• Is Your Swimming Pool an Attractive Nuisance? — Attractive nuisance is a legal term that means property owners have a special duty to protect children from getting injured on their property. Children are often attracted to swimming pools but do not know how to play in one safely. Owners often have a duty to prevent children from harming themselves in swimming pools.
• My Neighbors Just Built a Pool - Do They Need a Fence Around It? — An easy way to ensure children don’t get hurt in swimming pools is to erect a fence and lock as well as maintaining proper covers and life-saving equipment.
• Swimming Pool Chemicals Injure Thousands Yearly — Swimming pools maintenance requires a lot of chemicals. Be careful when adding chemicals to ensure that you don’t add too much or the wrong chemicals.
• Girl, 11, Electrocuted in Swimming Pool — Make sure that all electrical equipment is properly maintained to protect swimmers from electrocution. Failure to exercise reasonable care in such matters could get you sued.
• Pool Drains Must Comply With New Federal Safety Rules — Do your pool drains and filter covers comply with regulations? Swimmers could drown when they get stuck covers and drains, and you could get sued.

Swimmers’ Injuries

• If I Slip and Fall at a Pool, Can I Sue? — Water doesn’t always stay in the pool. Swimmers getting in and out of pools and splashing inevitably cause floors to be wet and slippery and raise the chances of a slip and fall. If you’ve been injured at a swimming pool you may be eligible for damages if you can prove negligence.
• Injured at a Public Pool? 3 Tips for Filing a Claim or Lawsuit — If you’re injured at a private pool, you’d sue the owner in court. However, if you’re injured at a public pool, there are often extra hurdles to jump over when suing the government.
• Are Hotel Pool Liability Waivers Enforceable? — Think you can’t sue because of a liability waiver? Think again. Depending on the circumstances of your injury and the wording of the waiver, the hotel may still be held liable if you’re injured at a hotel pool.

If you’ve been injured at a swimming pool, or a guest has been injured at your swimming pool this summer, consult with an experienced personal injury attorney for help.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Pool Accidents: What Swimming Pool Laws Apply? (FindLaw’s Injured)
• 3 Ways Your Pool Can Land You in Legal Hot Water (FindLaw’s Injured)
• Pool Hopping Injuries: Who’s Liable? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/swimming-pools-laws-and-liabilities-round-up.html

Housemates Could Be LIable for Dog Bites

via Tumblr hobbsr04.tumblr.com/post/122188558337 In most cases, a dog can make a house a home. One of the few downsides to owning a dog is the potential for liability if your dog bites a person. If you live in a house with dogs, you might be liable for dog bites — even if you don’t personally own the dogs. That’s according to a recent decision in New York where the court ruled that that a dog owner’s housemates could be liable for a victim’s injuries from an attack. Who Let the Dogs Out? The case involved three housemates and three dogs. While the dogs belonged to one of the housemates, the other two would feed them, clean up after them, and let them outside if the owner wasn’t home. One day in 2006, the dogs escaped the backyard and attacked a four-year-old boy and his grandfather who were walking by. Fortunately, they were able to escape the dogs, but not before the boy suffered partially amputated ears. He required plastic surgery to heal his wounds. The boy and his mother sued all three housemates, claiming they knew the dogs had “vicious, dangerous propensities,” and were therefore liable for the attack. An appellate judge agreed, finding that liability can exist in cases where the defendant “owned, possessed, harbored, or exercised dominion and control over the dog.” No Safe Harbor While the judge did not specifically define “harboring” when it comes to pet care, he did say that making a dog a part of a home and taking part in its care could constitute harboring. This potentially makes everyone who regularly cares for the dog legally liable if the dog bites, attacks, or otherwise causes injury to someone else. Although this decision might seem like a stretch, courts have found pet sitters liable for injuries caused by the pets in their care. Especially in the cases where the caretakers knew the animal had vicious propensities. In this case, at least one of the housemates admitted he was aware that one of the dogs killed a neighbor’s pet rabbit. Even if your buddy’s bulldog acts sweet in the house, you might want to keep a close eye on him and the back gate, or you could find yourself in legal trouble. If you or a loved one have been injured in an animal attack, you may want to consult with an experienced injury attorney to discuss your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Dog Bite / Animal Attacks (FindLaw’s Injured) What if my Child is Bitten by a Dog? Can I Sue? (FindLaw’s Injured) Dog Bites: What to Do Before You Sue (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/housemates-could-be-lia... via Blogger hobbsr04.blogspot.com/2015/06/housemates-could-be-liable-...

via Flickr http://www.flickr.com/photos/87814799@N02/18441211314

Housemates Could Be LIable for Dog Bites

In most cases, a dog can make a house a home. One of the few downsides to owning a dog is the potential for liability if your dog bites a person. 

If you live in a house with dogs, you might be liable for dog bites — even if you don’t personally own the dogs. That’s according to a recent decision in New York where the court ruled that that a dog owner’s housemates could be liable for a victim’s injuries from an attack.

Who Let the Dogs Out?

The case involved three housemates and three dogs. While the dogs belonged to one of the housemates, the other two would feed them, clean up after them, and let them outside if the owner wasn’t home.

One day in 2006, the dogs escaped the backyard and attacked a four-year-old boy and his grandfather who were walking by. Fortunately, they were able to escape the dogs, but not before the boy suffered partially amputated ears. He required plastic surgery to heal his wounds.

The boy and his mother sued all three housemates, claiming they knew the dogs had “vicious, dangerous propensities,” and were therefore liable for the attack. An appellate judge agreed, finding that liability can exist in cases where the defendant “owned, possessed, harbored, or exercised dominion and control over the dog.”

No Safe Harbor

While the judge did not specifically define “harboring” when it comes to pet care, he did say that making a dog a part of a home and taking part in its care could constitute harboring. This potentially makes everyone who regularly cares for the dog legally liable if the dog bites, attacks, or otherwise causes injury to someone else.

Although this decision might seem like a stretch, courts have found pet sitters liable for injuries caused by the pets in their care. Especially in the cases where the caretakers knew the animal had vicious propensities. In this case, at least one of the housemates admitted he was aware that one of the dogs killed a neighbor’s pet rabbit.

Even if your buddy’s bulldog acts sweet in the house, you might want to keep a close eye on him and the back gate, or you could find yourself in legal trouble. If you or a loved one have been injured in an animal attack, you may want to consult with an experienced injury attorney to discuss your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Dog Bite / Animal Attacks (FindLaw’s Injured)
• What if my Child is Bitten by a Dog? Can I Sue? (FindLaw’s Injured)
• Dog Bites: What to Do Before You Sue (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/housemates-could-be-liable-for-dog-bites.html