Can I Get Workers' Comp If I Work From Home?

via Tumblr hobbsr04.tumblr.com/post/144604425062 You work from home but have an employer. One day, while at home, you trip over the dog running to answer the phone, and it is a work call. You’re injured from the fall and apply for workers’ compensation. Will your claim be denied? You can get workers’ compensation if you work from home, but the location may complicate your claim. State statutes vary, and each claim is decided based on the specific details involved, so it is difficult to say in the abstract what will happen. Still, one contested Oregon case demonstrates the typical issues. Work-Related Injury People can and do apply for compensation for injuries sustained on the job but at home. The decision to grant or deny will turn on the wording of state statutes and your case specifics. The Oregon workers’ compensation statute says that a compensable injury must “arise out of” and occur “in the course of a worker’s employment.” In Sandberg v. JC Penney, a woman actually did trip over her dog while going to her garage, where she kept her employer’s materials. Her workers’ comp claim was initially denied but on appeal the denial was reversed. The woman was a designer and worked in a studio for her employer only once a week, spending the rest of the time on the road or at home. In that case, the appellate court decided that her injury did arise out of and in the course of her employment because her home premises were also her work premises. The designer was required to keep materials at home as part of her job and once the home premises and the work premises are deemed one, “it follows that the hazards of home premises encountered in connection with the performance of the work are also hazards of the employment.” Specifics Matter The appellate court concluded, “Here, because employer did not provide space for claimant to perform all of her work tasks, she was required – as a condition of her employment and for the benefit of her employer– to work in her home and garage.” As you can see, specifics make all the difference. Someone who was not a designer or who did not have to travel might not have had the same outcome as Sandberg. It helps to have your claim reviewed by a lawyer so that you emphasize the important details in your case. Talk to a Lawyer If you’re applying for workers’ compensation, speak to a lawyer today. Get help and guidance. Many attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Workers’ Compensation: Can I Sue My Employer Instead? (FindLaw’s Learn About the Law) Workers’ Comp Benefits and Returning to Work (FindLaw’s Learn About the Law) What Types of Injuries Are Compensable Under Workers’ Compensation? (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/can-i-get-workers-comp-... via Blogger hobbsr04.blogspot.com/2016/05/can-i-get-workers-comp-if-i...

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Can I Get Workers' Comp If I Work From Home?

You work from home but have an employer. One day, while at home, you trip over the dog running to answer the phone, and it is a work call. You're injured from the fall and apply for workers' compensation. Will your claim be denied?

You can get workers' compensation if you work from home, but the location may complicate your claim. State statutes vary, and each claim is decided based on the specific details involved, so it is difficult to say in the abstract what will happen. Still, one contested Oregon case demonstrates the typical issues.

Work-Related Injury

People can and do apply for compensation for injuries sustained on the job but at home. The decision to grant or deny will turn on the wording of state statutes and your case specifics. The Oregon workers' compensation statute says that a compensable injury must "arise out of" and occur "in the course of a worker's employment."

In Sandberg v. JC Penney, a woman actually did trip over her dog while going to her garage, where she kept her employer's materials. Her workers' comp claim was initially denied but on appeal the denial was reversed. The woman was a designer and worked in a studio for her employer only once a week, spending the rest of the time on the road or at home.

In that case, the appellate court decided that her injury did arise out of and in the course of her employment because her home premises were also her work premises. The designer was required to keep materials at home as part of her job and once the home premises and the work premises are deemed one, "it follows that the hazards of home premises encountered in connection with the performance of the work are also hazards of the employment."

Specifics Matter

The appellate court concluded, "Here, because employer did not provide space for claimant to perform all of her work tasks, she was required -- as a condition of her employment and for the benefit of her employer-- to work in her home and garage."

As you can see, specifics make all the difference. Someone who was not a designer or who did not have to travel might not have had the same outcome as Sandberg. It helps to have your claim reviewed by a lawyer so that you emphasize the important details in your case.

Talk to a Lawyer

If you're applying for workers' compensation, speak to a lawyer today. Get help and guidance. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers' Compensation: Can I Sue My Employer Instead? (FindLaw's Learn About the Law)
• Workers' Comp Benefits and Returning to Work (FindLaw's Learn About the Law)
• What Types of Injuries Are Compensable Under Workers' Compensation? (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/can-i-get-workers-comp-if-i-work-from-home.html

Types of Witnesses Involved in Personal Injury Cases

via Tumblr hobbsr04.tumblr.com/post/144560829737 Personal injury cases are complex and can involve both expert and lay witnesses. These people will help to prove your case and corroborate your claims. Depending on the details of your case and the specifics of your claim, you may have a few or many witnesses, just laypeople or only experts, or both. Let’s look at how the different types of witnesses help you prove a case. Lay Witnesses Negligence cases are proven by showing that someone who owed you a duty of care breached that duty and caused your injury, resulting in compensable damages. That means you as the plaintiff must establish what happened. One way you do that is by gathering evidence from anyone who was at the scene of the incident in question. Lay witnesses are people who have no particular expertise associated with the claim other than the fact they saw something relevant, whether at the scene of the incident or with respect to your injury and treatment. There are two types of lay witnesses that you might employ in a negligence case – witnesses who saw what happened can testify about the accident and those who know you personally and observed you while injured can discuss that. The testimony of these two types of witnesses provides added support to the things you say. Expert Witnesses There are different types of expert witnesses, too. Depending on the type of case, you may need an expert to talk about engineering, or medicine, or the climate, or soil erosion or pretty much any other complex topic that is implicated in the case. Courts must certify a witness as an expert and who qualifies, as well as the procedure, is dictated by the rules of evidence. Most often, although not exclusively, the experts called upon in negligence cases are doctors, and they testify about the extent of injury, the appropriate treatment now and in the future, and more. Expert witnesses can be quite expensive, charging not only to compile reports that support your claim but also to come in to court and testify in person. But that doesn’t mean you don’t need them. Talk to a Lawyer If you were injured speak to a lawyer. Tell your story and let counsel worry about what witnesses to call and even how to pay them. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your situation, and many also take cases on contingency which means you will only pay legal fees if you recover damages. Get help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) What Is a Subpoena? (FindLaw’s Learn About the Law) In the Courtroom: Who Does What? (FindLaw’s Learn About the Law) Do’s and Don'ts – Being a Witness (FindLaw’s Learn About the Law) What Happens at Trial? (FindLaw’s Learn About from Injured blogs.findlaw.com/injured/2016/05/types-of-witnesses-invo... via Blogger hobbsr04.blogspot.com/2016/05/types-of-witnesses-involved...

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Types of Witnesses Involved in Personal Injury Cases

Personal injury cases are complex and can involve both expert and lay witnesses. These people will help to prove your case and corroborate your claims.

Depending on the details of your case and the specifics of your claim, you may have a few or many witnesses, just laypeople or only experts, or both. Let's look at how the different types of witnesses help you prove a case.

Lay Witnesses

Negligence cases are proven by showing that someone who owed you a duty of care breached that duty and caused your injury, resulting in compensable damages. That means you as the plaintiff must establish what happened. One way you do that is by gathering evidence from anyone who was at the scene of the incident in question.

Lay witnesses are people who have no particular expertise associated with the claim other than the fact they saw something relevant, whether at the scene of the incident or with respect to your injury and treatment.

There are two types of lay witnesses that you might employ in a negligence case -- witnesses who saw what happened can testify about the accident and those who know you personally and observed you while injured can discuss that. The testimony of these two types of witnesses provides added support to the things you say.

Expert Witnesses

There are different types of expert witnesses, too. Depending on the type of case, you may need an expert to talk about engineering, or medicine, or the climate, or soil erosion or pretty much any other complex topic that is implicated in the case. Courts must certify a witness as an expert and who qualifies, as well as the procedure, is dictated by the rules of evidence.

Most often, although not exclusively, the experts called upon in negligence cases are doctors, and they testify about the extent of injury, the appropriate treatment now and in the future, and more. Expert witnesses can be quite expensive, charging not only to compile reports that support your claim but also to come in to court and testify in person. But that doesn't mean you don't need them.

Talk to a Lawyer

If you were injured speak to a lawyer. Tell your story and let counsel worry about what witnesses to call and even how to pay them. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your situation, and many also take cases on contingency which means you will only pay legal fees if you recover damages. Get help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• What Is a Subpoena? (FindLaw's Learn About the Law)
• In the Courtroom: Who Does What? (FindLaw's Learn About the Law)
• Do's and Don'ts -- Being a Witness (FindLaw's Learn About the Law)
• What Happens at Trial? (FindLaw's Learn About

from Injured http://blogs.findlaw.com/injured/2016/05/types-of-witnesses-involved-in-personal-injury-cases.html

Car Accident Investigations: How Do They Work?

via Tumblr hobbsr04.tumblr.com/post/144527843642 This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. If you’ve been in a car accident, especially a serious one involving extensive damage or injuries, there will probably be an investigation that follows. Whether it’s the police, insurance companies, or even private investigators, someone is going to be looking into the accident. So what does that mean for you, and any legal claims you may have? Police Report Drivers are required by law to report any accidents involving property damage or bodily injury to police, so local law enforcement will probably be the first to investigate your car accident. If you are able, you should cooperate with officers and answer any questions honestly. The police will create an accident report that will include details of the damage, any injuries, and technical information about the accident including location, time, and witness statements about what happened. The report should then be available upon request. Insurance Investigation Insurance companies may want to conduct their own inquiries into what happened, to determine fault, legal liability, whether they will cover the damages and how much. Unfortunately, insurance companies may take weeks or months to complete their investigation depending on the severity of the accident. After all the insurance companies complete their investigations, you should receive notice of the findings and, hopefully, compensation for your injuries and financial loss. Independent Investigations You are also allowed to gather your own information on the accident, which can be incredibly valuable to your case. Photographs of the scene and any damage, notes from your recollection of events, and even statements from witnesses can help your case. (You might also want to check if your car came equipped with a black box.) And be aware that you may be contacted by investigators from other insurance companies or working for attorneys representing other people involved in the accident. You may want to be careful what you say, and know that you are not legally required to talk about your case with them unless you’ve been subpoenaed. Your best source of information on car accident investigations is an experienced personal injury attorney, so if you’ve been in a serious accident you should contact one today. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Car Accident Lawsuit Timeline (FindLaw’s Injured) How Much is My Car Accident Case Really Worth? (FindLaw’s Injured) Car Accident Liability: Proving Fault in a Car Crash (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/car-accident-investigat... via Blogger hobbsr04.blogspot.com/2016/05/car-accident-investigations...

via Flickr http://www.flickr.com/photos/87814799@N02/26478864083

Car Accident Investigations: How Do They Work?

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

If you've been in a car accident, especially a serious one involving extensive damage or injuries, there will probably be an investigation that follows. Whether it's the police, insurance companies, or even private investigators, someone is going to be looking into the accident.

So what does that mean for you, and any legal claims you may have?

Police Report

Drivers are required by law to report any accidents involving property damage or bodily injury to police, so local law enforcement will probably be the first to investigate your car accident. If you are able, you should cooperate with officers and answer any questions honestly.

The police will create an accident report that will include details of the damage, any injuries, and technical information about the accident including location, time, and witness statements about what happened. The report should then be available upon request.

Insurance Investigation

Insurance companies may want to conduct their own inquiries into what happened, to determine fault, legal liability, whether they will cover the damages and how much. Unfortunately, insurance companies may take weeks or months to complete their investigation depending on the severity of the accident. After all the insurance companies complete their investigations, you should receive notice of the findings and, hopefully, compensation for your injuries and financial loss.

Independent Investigations

You are also allowed to gather your own information on the accident, which can be incredibly valuable to your case. Photographs of the scene and any damage, notes from your recollection of events, and even statements from witnesses can help your case. (You might also want to check if your car came equipped with a black box.)

And be aware that you may be contacted by investigators from other insurance companies or working for attorneys representing other people involved in the accident. You may want to be careful what you say, and know that you are not legally required to talk about your case with them unless you've been subpoenaed.

Your best source of information on car accident investigations is an experienced personal injury attorney, so if you've been in a serious accident you should contact one today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Car Accident Lawsuit Timeline (FindLaw's Injured)
• How Much is My Car Accident Case Really Worth? (FindLaw's Injured)
• Car Accident Liability: Proving Fault in a Car Crash (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/car-accident-investigations-how-do-they-work.html

Nightmare Rides: Do Parks and Carnivals Need Stricter Laws?

via Tumblr hobbsr04.tumblr.com/post/144473238057 Sometimes a fun day with the family turns into a horrific nightmare, and suddenly your life is turned upside down. That is what happened to an Omaha mother who took her daughter to a carnival for Cinco De Mayo and is now fighting for stricter ride regulations. Brace yourself. What happened to her little girl, Elizabeth Gilreath, 11, is truly horrific. The child’s scalp was partly ripped off after her hair got caught in the ride — it was torn from her eyelids to the back of her neck. The girl is recovering more rapidly than expected, reports Omaha.com. Horrific Injuries Gilreath is able to see from one eye and is able to drink and talk again. She still does not have vision in one eye and will remain hospitalized for some time. Virgina Cooksey, Gilreath’s mother, is now focusing on ride regulations. She wants the law strengthened. “I want the rides to be safer,” she said. “I want to make sure there are seat belts on these rides, that there is more maintenance done to them.” Gilreath fell while riding and her hair got caught. There was no note of what type of ride the girl was on, but she was standing apparently. Cooksey says Gilreath blames herself for the horrific injury. Mom, on the other hand, understandably believes that this accident should not have happened and is calling for better ride oversight and tougher safety requirements. In Solidarity Mom and Cooksey’s three other daughters all shaved one side of their heads in solidarity with their sister,. This symbolic gesture, while sweet, cannot compare to the trauma of losing a scalp, and Gilreath still has a long road to total recovery. Her mother expects it to be challenging, apart from the physical difficulties the girl faces. “I already see it right now,” Cooksey said. “She’s going to have to go through years of therapy. She feels like it’s her fault.” Talk to a Lawyer If you were injured on a carnival ride, at an amusement park, or in any other context, talk to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Are Guns Allowed at Amusement Parks (FindLaw’s Law and Daily Life) 5 Ways to Sue Over Theme Park Injuries (FindLaw’s Injured) Theme Park Suits Rarely See Courtrooms (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/05/nightmare-rides-do-park... via Blogger hobbsr04.blogspot.com/2016/05/nightmare-rides-do-parks-an...

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