Does Workers' Comp Cover Mental Health?

We all know that workers' compensation benefits cover workplace injuries. If you're hurt on the job, you can still get paid for time you miss while recovering. What many of us may not know is whether those benefits cover our mental health, and whether we can get workers' comp for psychological conditions like anxiety, stress, or emotional distress.

And the answer, as with most legal questions, is a resounding "It depends."

Is the Injury Work-Related?

Regardless of whether you can't work because of a physical condition or a mental one, workers' comp covers "work-related" injuries -- those which can be connected in some way to an employment requirement or condition. The easiest way to determine a work-related injury is whether it happened while you were doing something on behalf of your employer or otherwise in the course of employment. While these injuries will mostly occur at the workplace, they can also happen outside the office, as long as you were doing something connected to his or her job.

Therefore, mental injuries like depression, PTSD, or even alcoholism may be covered if they were sustained on the job or caused by the job, and a preexisting condition could be covered if it worsened during the course of employment.

Are You a Covered Employee?

Sadly, just because an injury might be covered by workers' comp doesn't necessarily mean that you can collect benefits. While employers in most states are required to carry workers' compensation insurance, only workers properly classified as "employees" are covered. So independent contractors are usually not covered. Also, while some states specifically include illegal immigrant workers in employers' workers' comp coverage, a few do not require coverage of undocumented workers. And, depending on your state, seasonal workers or domestic workers like housekeepers, nannies, and babysitters are not covered by workers' comp benefits.

If you have been hurt on the job, a pre-existing condition has worsened due to your working conditions, or you've had a workers' comp claim denied, an experienced workers' compensation attorney can help.

Related Resources:

• Find Workers' Compensation Lawyers Near You (FindLaw's Lawyer Directory)
• Can an Employer Refuse to Hire Me Due to a Prior Workers' Comp Claim? (FindLaw's Injured)
• Workers' Compensation Fraud Is a Serious Offense (FindLaw's Injured)
• Timeline for Your Workers' Compensation Claim (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/05/does-workers-comp-cover-mental-health.html

Top 7 Questions (and Answers) Regarding Damages in Personal Injury Cases

Just about every story about a personal injury lawsuit will make some reference to damages, noting how much the plaintiff is asking for and what kind. And a lot of specific legal terms get thrown around: general damages, special damages, and punitive damages.

But what do they mean? Are they available in every case? And are they capped? Here are seven of the most frequently asked questions regarding damages in personal injury lawsuits, and a few answers:

1. Car Accident Claims: What Are General Damages?

General damages normally refer to damages that lack monetary precision. Unlike the cost of car repair, general damages cover things like loss of consortium, loss of companionship, mental anguish, and loss of enjoyment of life. As such, they may be more difficult to prove.

2. Car Accident Claims: What Are Special Damages?

Though the terminology may sound reversed (and it is in contract disputes) special damages refer to medical expenses, property damage, and other specific monetary losses, like the loss of income, now and in the future.

3. When Can You Sue for Punitive Damages?

In some injury cases, the defendant's actions are so egregious they will warrant additional monetary damages as punishment, beyond compensating the victim for losses. Punitive damages are normally reserved for cases where the defendant's conduct goes beyond merely negligent or intentional, and becomes reckless, malicious, fraudulent, wanton, or outrageous.

4. What Are Hedonic Damages?

Rarely used as a legal term, hedonic damages refer to the intangible impact an injury has on your life, and can generally fall under pain and suffering or loss of enjoyment of life.

5. When Can You Sue for Pain and Suffering?

How injured do you have to be to recover for pain and suffering? These are normally reserved for severe physical injuries that cause physical or mental anguish for a period of time following an accident.

6. What Damages Are Awarded in Wrongful Death Lawsuits?

The damages available may depend on the type of lawsuit being filed and state laws. Wrongful death claims can be unique, in that they involve more speculative damage estimates, based on the victim's life expectancy.

7. How Do Damage Caps Work?

Many states have capped the amount a plaintiff can recover in an injury lawsuit. These caps can vary by state and depend on the kind of claim. For instance, pain and suffering caps in medical malpractice lawsuits may be much lower than punitive damage caps in product liability claims.

For more information on personal injury damages and how they might relate to your claims, contact an experienced personal injury attorney in your area.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• How Much Money Can I Win in a Lawsuit for Assault? (FindLaw's Injured)
• Brain Injury Lawsuits: How Much Is Your Case Worth? (FindLaw's Injured)
• Truck Accident Damages: How Much Can You Collect? (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/05/top-7-questions-and-answers-regarding-damages-in-personal-injury-cases.html

Can You Get Kicked Off a Plane for Being 'Pungent'?

Flying has become less and less of a pleasant experience. But what usually makes the biggest difference between a tolerable experience and one that causes you to question your faith in humanity, is the other humans on board. Some are delightful, but others have a special penchant for being astoundingly rude.

It appears that one woman and her children had to deal with the latter type as they made their way from Nigeria to Canada, by way of the States. According to her lawsuit, she was kicked off her flight in Houston, TX after a male passenger complained of her pungent odor. She says the real reason was racial discrimination.

Passenger Took Her Seat, Blocked Her Path

The Nigerian woman, named Queen Obioma, was traveling to Ontario from Nigeria by way of Houston and San Francisco. On the Houston-San Francisco leg of the trip, she says she boarded the plane to find a white man sitting in her business-class seat. He refused to move and she eventually agreed to take his assigned seat nearby. But when she returned from the bathroom at one point, the man was blocking the aisle. According to the lawsuit, a United employee then told her to step off the plane. Her children were kicked off the plane as well.

She was told that the pilot called for her to be removed because of a complaint from the same man on the plane. They explained that he said he wasn't comfortable flying with her because she had a "pungent" smell. Obioma and her family were put on another flight five hours later, but they missed scheduled appointments as they were traveling to Ontario to enroll in school.

Removal Motivated by Racial Prejudice

So, according to this account, you can get kicked of a United plane for being 'pungent,' though it's not entirely clear what type of odor we're talking about. However, Obioma's lawsuit claims that the real reason she and her children were kicked off their flight was racial prejudice. "United has no legitimate reason or justification to remove (Obioma) from the flight but for racial prejudice and insulted (her) by stating that Ms. Obioma stank," the lawsuit reads. She is seeking damages in excess of $75,000. United has not issued a comment on the matter.

Racism, like pungent odors, has many manifestations. If you think you were the victim of racial discrimination, contact an attorney to assess the strength of your case as well as your legal options.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Race Discrimination: Applicable Laws (FindLaw's Learn About the Law)
• Are You Guilty of 'Table Side Racism?' (FindLaw's Free Enterprise)
• Pilot Makes Emergency Landing After Fight Breaks Out Over Passenger's Flatulence (People)

from Injured https://blogs.findlaw.com/injured/2018/05/can-you-get-kicked-off-a-plane-for-being-pungent.html

Muslim Woman Forced to Remove Hijab After Arrest, Sues Sheriff's Dept.

Freedom of religion is so central to our nation's identity, it's covered by the First Amendment. It's so crucial, every young student learns about the Pilgrims and how they escaped religious persecution by fleeing England and settling in America. And yet, even now, you don't have to look very far to see or hear about instances of discrimination affecting every type of religion out there. In a case that doesn't seem to be an isolated occurrence, one woman is suing the Ventura County Sheriff's Department for forcing her to remove her hijab after her arrest.

Woman Felt 'Naked and Humiliated'

Jennifer Hyatt, a 44-year-old nurse and Muslim from Newbury Park, was arrested on New Year's Day in 2017 on suspicion of domestic battery after a dispute with her husband. According to her lawsuit, a Ventura County Sheriff's deputy took her head scarf and refused to give it back or provide an alternative covering.

Some Muslim woman adhere to an interpretation of the Koran which requires they cover their heads and most of their bodies out of modesty. Hyatt claims that when she explained that she's a practicing Muslim, a deputy responded, "Not in here, you're not." She says the treatment she received while detained for four hours left her feeling "naked and humiliated."

Federal Law Protects Religious Rights

The deputies' alleged conduct arguably runs afoul of the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that protects religious freedom. The RLUIPA prohibits officials from imposing arbitrary or substantial restrictions on religious exercise. Officials must show that a regulation is the least restrictive way to achieve a compelling interest in order to be in compliance with the law.

Hyatt is not the first Muslim woman forced by officers to remove her hijab. The Ninth Circuit Court of Appeals ruled in 2011 that Orange County sheriff's deputies violated federal law when they ordered a Muslim woman to remove her head scarf in court. And the city of Long Beach paid a Muslim woman $85,000 after arresting officers forced her to remove her hijab.

Policies and Practices

The competing concern is, of course, safety - suspects could be hiding a weapon. However, many law enforcement agencies have policies in place which instruct officers how to accommodate the religious rights of people they detain, including allowing them to wear garments required by their religious beliefs.

For example, the LAPD's policy allows officers to ask that a person remove their religious garment for a brief search. They then have to either return the garment to them, or provide an alternative. Through her lawsuit, Hyatt hopes to change the practice of the Ventura County Sheriff's Office to be more in line with these types of policies.

If you've suffered religious discrimination, consult an attorney who can help protect your First Amendment Rights.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Religious Accommodation for Students (FindLaw's Learn About the Law)
• Disneyland Banned Muslim Woman's Head Scarf: Lawsuit (FindLaw's Injured)
• Muslim Police Officer Loses Discrimination Claims Based on Headscarf Ban (FindLaw's Law and Daily Life)

from Injured https://blogs.findlaw.com/injured/2018/05/muslim-woman-forced-to-remove-hijab-after-arrest-sues-sheriffs-dept.html

Woman Injured in Uber Crash Sues Driver, Uber

Uber has made huge advances in the peer-to-peer driving industry. Between ridesharing, food delivery, and their progress with regard to autonomous cars, the company is worth billions. But despite all that, Uber has recently been caught up in a hearty slate of lawsuits and scandals. In a recent lawsuit, a woman is suing her Uber driver and the company after she sustained serious injuries in a crash.

T-Boned by a 16-Year-Old

Jimena Martinez requested an Uber and was on her way home on the night of June 29 when her driver, Ricardo Melendez II, allegedly ran a red light. Their car was then t-boned by a Jeep driven by a 16-year-old. Her lawsuit lists injuries including a joint separation of her right shoulder (which required surgery), head trauma, and abrasions.

Distracted Driving

The woman's lawsuit claims that Melendez was distracted by his phone and ran the red light, causing the crash. It also says the Uber driver was given a citation for the red-light violation, and that a police report listed the driver's inattention as the only contributing factor in the accident. The complaint describes the driver as negligent and responsible for the accident.

Uber "Guilty of Gross Negligence"

However, the lawsuit also places blame on Uber and the system it uses for drivers. According to the complaint, Uber drivers are required to keep their phones on the dashboard in order to receive notifications for new rides, use maps, and other tools. Drivers receive a text message when a new passenger is requesting a ride and have just 15 seconds to accept the fare by tapping the phone, according to the lawsuit. Martinez claims this system amounts to gross negligence, and also accuses Uber of negligent hiring.

Melendez is seeking more than $1,000,000, but wants to leave the exact damages up to a jury. Her attorney says the woman's medical bills have already exceeded $80,000 and that she was forced to drop out of college for a year and quit her job because of her injuries.

Injuries from a car crash can have enormous physical and financial ramifications, whether Uber is involved or not. Speak to an attorney to discuss your legal options, even if you think you were partly at fault in the accident.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Uber's Self-Driving Car Kills Pedestrian: What Are the Legal Consequences? (FindLaw's Injured)
• Who Is Liable If You're Injured in an Uber Crash? (FindLaw's Injured)
• Lawsuit Against Uber's 'Hell' Wiretap Program Mostly Dismissed (FindLaw's Decided)

from Injured https://blogs.findlaw.com/injured/2018/05/woman-injured-in-uber-crash-sues-driver-uber.html

Who's Liable in a Company Carpool Accident?

Ridesharing has become so common in our daily lives that employers are getting in on the act as well. Company carpool incentive programs have been popping up more and more, including apps to match employees who live nearby to find the most efficient rides.

But any new opportunity opens up new avenues for legal liability, as one case from the Texas Supreme Court recently showed.

Driving and Drilling

Amerimex Drilling was contracted to drill oil-and-gas wells in Texas and provided mobile bunkhouses for its crews located around 30 miles away from a drilling site. The company paid the crew's driller $50 per day to drive the crew from the bunkhouses to the site and back. During one of those trips a driver struck another vehicle, killing two crew members in his truck and injuring himself and another. The injured worker and estates of the two deceased workers sued the company, claiming it was liable for their injuries and deaths.

Amerimex claimed it lacked control over the employee's conduct at the time of the accident, meaning it was not vicariously liable for the accident. A trial court agreed, and dismissed the case. But the Texas Supreme Court reversed that decision, saying the case should go to trial to determine Amerimex's liability.

Employer Liability

The common-law doctrine of respondeat superior makes an employer liable for the actions of an employee when the actions take place within the scope of employment. But to prove an employer's liability for a worker's negligence, a plaintiff must show that, at the time of the negligent conduct, the worker was an employee and was acting in the course and scope of their employment.

In this case, the plaintiffs presented evidence that one of the driver's job duties as a driller on the project was to drive his crew to and from the drilling site, and that he was paid a "bonus" for performing this task. The court additionally cited evidence that "[t]ransporting himself and the other workers to and from the place of work was merely part of his job as a member of the drilling crew working for [Amerimex] under the particular circumstances of this case."

So, Amerimex could be liable for the accident.

Company Carpool Considerations

So what does that mean for company carpool programs? It means that employers probably shouldn't designate driving fellow employees to and from work to one employee. Carpool incentives should be shared equally to drivers and riders, who should also be rotated regularly. Otherwise, employers might find themselves on the hook for carpool accident injuries.

If you've been injured in a company carpool accident, contact an experienced car accident attorney in your area.

Related Resources:

• Find Car Accident Lawyers Near You (FindLaw's Lawyer Directory)
• Accident in a Company Car: Who's Liable? (FindLaw's Injured)
• Is My Employer Liable for My Car Accident? (FindLaw's Injured)
• Driving on Company Time (FindLaw's Learn About the Law)

from Injured https://blogs.findlaw.com/injured/2018/05/whos-liable-in-a-company-carpool-accident.html

Over 100 Uber Drivers Accused of Assault, Abuse

Millions of people have relied on Uber to get where they need to go. But not everyone arrives at their destination safely. Reporting and analysis by CNN reveals that over 100 Uber drivers have been accused of sexual assault or abuse over the past four years. With criminal charges, civil suits, and even class action lawsuits pending, customers are wondering what changes are being made, and Uber is promising to be part of the solution.

Accusations, Arrests, and Convictions

CNN's account analyzed police reports, federal court records, and county court databases for 20 major U.S. cities and found that 103 drivers were arrested, wanted by law enforcement, or named in civil suits. At least 31 of those were convicted for crimes ranging from forcible touching and false imprisonment to rape.

In a particularly heinous case, an Uber driver was sentenced to 80 years in prison for the rape of one of his passengers, plus 33 other counts which included sexual assaults of at least nine other women and children.

Civil Suits and Forced Arbitration

Victims are not only vital to the criminal charges brought against Uber drivers who commit assault, they also bring civil cases against their attackers and Uber as well. Some claim negligent hiring on Uber's part, arguing that the company failed to properly screen their workers.

A class action lawsuit currently pending against the company represents nine plaintiffs who say they were assaulted by Uber drivers. They are also arguing that Uber is attempting to silence them by enforcing the terms of service every customer agrees to. Those terms include a clause which says any claim against the company will be resolved on an individual basis in arbitration (i.e. no class actions or trials).

Uber's Efforts

According to CNN, Uber conducts its own digital background checks using Checkr, a startup. Checkr looks at driving and criminal histories in national, state, and local databases which include the national sex offender site. Uber makes the final decision about applicants, and says they won't approve someone who has a conviction for a felony, violent crime, or sexual offense in the last seven years.

The company calls the problem a "societal issue" but says it wants to be "part of the solution." As part of their efforts, they will be rerunning driver background checks annually, and adding some safety features to the app.

If you were a victim of assault, speak with an attorney to discuss your options for taking legal action.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Uber Wins Arbitration Clause Case, Keeping Disputes out of Court (FindLaw's Decided)
• Uber's Terrible, Horrible, No Good, Very Bad 2 Weeks (FindLaw's Free Enterprise)
• Uber Demonstrates How Not to Respond to Sexual Harassment Claims (FindLaw's Free Enterprise)

from Injured https://blogs.findlaw.com/injured/2018/05/over-100-uber-drivers-accused-of-assault-abuse.html

Asphalt Company Sued for Explosion Death

In October 2016, an explosion at Mohawk Asphalt Emulsions in Glenville, New York sent two workmen to the hospital with serious burns. The alleged source of the explosion was workers using a blow torch to heat a holding-tank valve, which then ignited the vapors of liquid asphalt. Those two workers ultimately died from their injuries and Mohawk settled two citations for safety violations regarding the incident, paying the U.S. Occupational Safety and Health Administration $17,745 in fines.

Now Mohawk is being sued by the widow of one of the workers who died from the blast, who claims the company and its owners were negligent.

Liquid Asphalt Liability

According to the lawsuit, a crew of Mohawk workers were loading a mixture of 50 percent kerosene and 50 percent asphalt into a tanker-trailer in 2016 when the mixture became clogged in the transfer line. Fifty-six-year-old Joseph Nichols was directed to use a propane blowtorch to heat the line in order to loosen the clog, instead igniting the mixture and causing the explosion.

Karen Nichols' lawsuit claims the uniform her late husband was wearing at the time of the explosion was flammable. Not only that, a fire extinguisher allegedly malfunctioned when one of Nichols' co-workers tried to use it to extinguish the flames on him. Nichols was severely burned over much of his body and died two days later. One of the violations for which Mohawk was cited by OSHA was a failure to provide personally protective uniforms to employees handling hot asphalt.

The suit itself doesn't specify an exact figure for damages, but a lawyer working on the case said "[i]t could be a substantial amount," according to The Daily Gazette.

Workers' Comp v. Wrongful Death

Since Nichols died on the job, why weren't his widow's claims handled by workers' compensation benefits? After all, in most cases, employees are prohibited from suing their employers for workplace injuries precisely because they are covered by workers' compensation insurance.

However, if an employee dies as a result of someone else's workplace negligence or misconduct, their survivors may be able to file a wrongful death claim. In order to prove such a claim, the survivors must demonstrate:

• The death of a person;
• That was due to another's negligence; and
• That the surviving family members have suffered some monetary injury as a result of the death.

Karen Nichols' wrongful death lawsuit is based on Mohawk's alleged negligence in the accident that killed her husband, and the OSHA settlements may aid her claims.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Massachusetts Man Awarded $8.25M for Injuries From Falling Asphalt Melter (FindLaw's Injured)
• Woman Injured in Oregon Natural Gas Explosion First to File Lawsuit (FindLaw's Injured)
• Pot Shop Explosion Sparks $9M Lawsuit (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/05/asphalt-company-sued-for-explosion-death.html

When Is It Too Late to File an Injury Lawsuit?

If you're injured in an accident, you might not think you have a legal claim for compensation. In fact, you may not even realize you've been injured right away. So do you lose your legal rights to damages if you don't file a lawsuit first thing after an accident?

Not quite, but there are time limits to bringing an injury lawsuit, after which you lose your right to sue. These statutes of limitation can vary depending on where you live, what kind of claim you're filing, and when you discovered your injury. Here's a look.

Sands of Time

Evidence doesn't get better over time, so in the interest of deciding cases when memories and facts are fresh and avoid having potential legal claims looming indefinitely, legal systems have statute of limitations laws. State and federal legislatures set these time limits, and for personal injury cases the statute of limitations can range from one year (in Kentucky, Louisiana, and Tennessee) to five or six years (in Maine, Missouri, and North Dakota.

The statute of limitations can also vary depending on the type of claim being filed. For instance, medical malpractice claims often have shorter time limits, as do wrongful death claims. You can see the difference in how these three states' statutes of limitation vary:

• California -- Personal Injury: 2 years; Medical Malpractice: 1 year from discovery.
• Florida -- Personal Injury: 4 years; Medical Malpractice: 2 years.
• New York -- Personal Injury: 3 years; Medical Malpractice 1-3 years, depending on injury.

Hands of the Clock

It's one thing to know how long you have to file an injury lawsuit, but just as important is to know when the clock starts ticking. In some cases, that can depend on the age of the injured person, as the statute of limitations for minors doesn't start tolling until they turn 18.

Most often, the statute begins upon discovery of the injury -- it's hard to know whether you should file an injury lawsuit if you don't know whether you're injured. For cases like car accidents and slip-and-falls, injuries generally present themselves fairly quickly. But in so-called "toxic torts," based on water or environmental pollution, injuries like lung disease, leukemia, birth injuries and even cancer may not present themselves for years or decades.

If you've been injured in an accident and are wondering if it's too late to file a personal injury lawsuit, talk to an experienced attorney in your area.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Can I Join a Class Action After the Statute of Limitations Expires? (FindLaw's Injured)
• What's the Time Limit for a Worker's Comp Claim? (FindLaw's Injured)
• Is There a Statute of Limitations for Car Accidents? (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/05/when-is-it-too-late-to-file-an-injury-lawsuit.html

Parents of Student Who Died After North Korea Imprisonment Sue for Wrongful Death

North Korea has been in the news a lot lately. From "Little Rocket Man's" missile testing to diplomatic talks between the North and South, and a potential meeting between President Trump and North Korean leader, Kim Jong Un, the hermit kingdom has garnered a lot of attention.

However, as the Korean War officially comes to an end, the parents of a student who died while imprisoned in North Korea are remaining steadfast in their own battle with the "rogue nation." The parents of Otto Warmbier filed a wrongful death lawsuit against North Korea, claiming their son was tortured and murdered.

Who Is Otto Warmbier?

Otto Warmbier was a 22-year-old University of Virginia student from Cincinnati, Ohio. He went to North Korea for five days with a tour group and was arrested Jan. 2, 2016 for allegedly taking a political propaganda poster from his hotel. He was charged with and found guilty of "hostile acts against the state" and sentenced to 15 years in prison with hard labor. For taking down a sign, mind you.

After spending more than 17 months in a North Korean prison, Warmbier was released to the United States in a coma, and had reportedly been in that condition for over a year. North Korean authorities claimed Warmbier had botulism and had been given a sleeping pill as treatment.

Lawsuit Claims North Korea Tortured, Murder Son

Cynthia and Fred Warmbier's wrongful death lawsuit claims that North Korea forced Otto into a false confession of his crime, "kept him as a prisoner for political purposes," and singled him out for "exceptionally harsh and brutal treatment." They say that physicians found no evidence of botulism, and that he was returned to them blind, deaf, and with his teeth misaligned like they "had been forced into abnormal positions."

In addition to their wrongful death claims, the grieving parents say that as a result of their son's "torture and death," they've suffered the loss of their son's companionship, and have experienced "mental anguish, extreme emotional distress and solatium damages."

As a sovereign nation, North Korea would normally be immune from these types of lawsuits. But according to Stewart Baker, a former assistant secretary of homeland security, the parents may be able to move forward with their lawsuit because President Trump re-designated North Korea a state sponsor of terrorism last November. This categorization could allow the country to be sued.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Mattis' message: US is not intimidated by North Korea (FindLaw News)
• North Korea accuses US, South Korea of assassination attempt (FindLaw News)
• A Trump Nobel Peace Prize? South Korea's Leader Likes the Idea (New York Times)

from Injured https://blogs.findlaw.com/injured/2018/05/parents-of-student-who-died-after-imprisonment-in-north-korea-file-wrongful-death-lawsuit.html