Legal Help When an Employer Retaliates After Workers’ Compensation

Workers Compensation Attorney

While filing for and receiving workers’ compensation benefits can sometimes be incredibly difficult, this is not always the hardest part of your workers’ compensation claim. In some cases, you might get your workers’ compensation benefits and return to work only to have your employer retaliate against you in some way. While it is mandatory for almost all businesses to have workers’ compensation benefits for their injured employees, not all employers are happy to help.

What Types of Workplace Retaliation Are There?

When you get back to work after claiming your workers’ compensation benefits, you might get back to an unhappy boss who is resentful toward you. He or she might believe that you used these benefits to get a paycheck and take time off. When this is the case, an employer will likely avoid outright acts of retaliation such as firing. However, retaliation can come in the form of something much more discreet. For example:

  • Refusing to accommodate the employee with their medical limitations
  • Demoting the employee
  • Changing the employee’s shifts to a time that is intentionally harder
  • Evaluating the employee with stricter and more unreasonable standards than other employees
  • Specifically targeting the employee regarding disciplinary citations or penalties

Not only are these more discreet examples of workers’ compensation retaliation, but they can encourage the employee to quit instead of having management outright fire them.

How Can We Prove an Employer’s Retaliation?

In some cases, it can be very challenging to prove that an employer has retaliated against an employee after receiving workers’ compensation benefits. However, there are a few ways we can prove this. Some of the ways an employee can prove unfair treatment or retaliation is:

  • The employee had legal rights to receive their workers’ compensation benefits.
  • They were legally allowed to receive the benefits because the employee followed the appropriate steps and the claim was filed in time.
  • The employer retaliated against the employee in some way, like being fired or being unjustly demoted.
  • This retaliation was directly linked to the claim for workers’ compensation benefits.

Get the Right Legal Help For Your Case

If circumstances caused you to be injured on the job and you legally received your workers’ compensation benefits, the law entitles you to use those benefits and heal from your injury. However, if you believe your employer is using your workers’ compensation against you and is retaliating, we are here to help. We believe injured employees have the right to use their employer’s workers’ compensation benefits without fear of retaliation. If you believe you have been the victim of retaliation, look no further for help. Contact experienced workers comp lawyers Milwaukee, WI relies on to get started on your claim.

 


 

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into workers compensation claims.

Anesthesia Errors and Medical Malpractice

Medical Malpractice Attorneys

When we are about to have surgery performed we make a lot of assumptions. We assume the surgeons are competent and know what they are doing. We assume the hospital uses all the best instruments and technology needed to perform the surgery. We assume the anesthesiologist knows the proper type and amount of anesthesia to administer so that we do not wake up during surgery and don’t have lingering side effects long after surgery.

But what if one of these assumptions proves wrong? What if complications arise because of the anesthesia? Is it considered medical malpractice? Who is liable — the hospital or the anesthesiologist? Talking about your case with a medical malpractice lawyer can help discover the answers to your questions.

How do you prove negligence and determine who is liable?

Proving medical negligence can be difficult. According to the courts, the definition of negligence is the failure of the health care provider to provide the appropriate amount of skill and care that another provider with the same specialty provides.

Your attorney will employ the services of an expert medical witness who will take into account the risk factors that were present before your surgery and look at any notes the anesthesiologist may have taken to attempt to determine why the incident occurred during your surgery. Another factor that has to be considered when determining if there was any negligence is called the complication rate of the particular kind of anesthesia administered during your surgery.

Is the anesthesiologist or the hospital liable?

  • The hospital is liable if the anesthesiologist is an employee. This is known as vicarious liability
  • If the anesthesia equipment failed during the surgery, the hospital may be negligent for not properly maintaining the equipment and the anesthesiologist would not be liable.
  • If the anesthesiologist is an independent contractor but works primarily at one hospital, the courts could decide that the anesthesiologist was more of an employee than a contractor and therefore the hospital could be held liable.
  • If it is determined that the anesthesiologist does work as an independent contractor and there was no equipment defect or failure than the doctor could be liable.

Here is a list of some of the possible injuries and complications that may arise when there is a problem with the anesthesia.

  • Vomiting and nausea
  • Damage to a tooth as a result of the insertion of a breathing tube during surgery
  • Larynx damage
  • Pneumonia
  • Brain damage as a result of a lack of oxygen
  • Injury to nerves
  • Blood clots
  • Difficult breathing
  • Allergic reaction
  • Unusual pain after surgery
  • Heart attack
  • Waking up during surgery
  • Death

While this list looks terrifying, know that the serious side effects do not happen very often, while nausea and vomiting are pretty common.

Because proving negligence in these type of cases is complex, it is important that the attorney you hire is experienced in anesthesia cases. A medical malpractice attorney Longwood, FL relies on understands the legal intricacies involved in a medical malpractice case. They can meet with you to discuss the particulars of your case and direct you to your next steps.

 


 

Thank you to our friends and contributors at David & Philpot, PL for their insight into medical malpractice cases.  

What Happens if You File for Bankruptcy After a Vehicle Collision?

Car Accident Lawyer

Being involved in a car accident can seriously impact the financial stability of any person. This may be especially true if you did not have insurance when the crash happened, and were deemed at-fault. Perhaps you simply forgot to make your last car insurance payment which resulted in a cancellation right before the collision, or you were unable to afford such coverage in the first place. Those who cannot keep up with their expenses, bills, utilities and debts related to the accident, may consider filing for bankruptcy.

It is a common misconception that filing for bankruptcy means that all your debts simply go away. However, this would be the ultimate scenario and does not happen to everybody. Here we have provided useful information about filing for chapter 7 or 13 bankruptcy after being in a car accident:

Chapter 7 Bankruptcy

If you file for bankruptcy under Chapter 7, then everything you currently own may become property of the bankruptcy estate. Which means, you have to disclose personal information about your finances and the car accident to your attorney, who will list all of your debts on the bankruptcy petition. Depending on several factors, you may either be discharged of a portion of your debts or be denied to operate under this bankruptcy chapter at all. Chapter 7 does not include a repayment plan, but the debtor may have some of their property relinquished in order to satisfy debts.

Chapter 13 Bankruptcy

This bankruptcy chapter entails the debtor to pay back the entirely or a percentage of his or her debts over the span of 3-5 years. If the accident occurred due to willful actions or while under the influence, then the debts related to the collision are unlikely to be discharged. However, the debtor can make reasonable payments into this plan based on how much he or she makes. If the debtor fulfills this obligation in good faith, then the remainder of the debts may be discharged. Or, the debtor may have to apply for chapter 13 bankruptcy again after that course is over, to pay off the rest of the debts owed.

Assistance from an Attorney

Those who are struggling as a result of a car accident, may want to meet with an attorney immediately. The bills associated with a vehicle collision can add up quickly. If you were deemed responsible for the crash, then you may not only have to pay your medical expenses, but the other driver’s as well. The situation can escalate very quickly where you feel as though you are drowning in debt. One of the best things you can do is reach out to a professional who is experienced in consulting with clients who want to apply for bankruptcy. Many people find relief knowing they have a chapter 13 bankruptcy lawyer Clearwater, FL relies on watching out for their best interest, who can provide advice and guidance especially during the application process. Sometimes seeking professional assistance after such a tragic financial incident, can help alleviate the weight of it.

 


 

Thank you to our friends and contributors at The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy and auto accidents.

Medical Malpractice: Misdiagnosis, Medication Mistakes and Anesthesia Errors

Personal Injury Lawyer

Medical malpractice happens in hospitals all over the United States every single day. It can be frightening as a patient to realize that your treating doctor has made a mistake, which led to a worsened or newly developed injury. An attorney believes that you should not have to suffer due to a mistake made by a doctor, hospital and/or medical staff. You may be entitled to financial compensation for such an error, which we can help you seek through filing a medical malpractice lawsuit.

Misdiagnosis (or Delayed)

The majority of medical malpractice claims include the doctor having diagnosed the patient with the wrong condition, or diagnosed the patient too late. If a doctor fails to diagnose a very serious illness within a reasonable amount of time, the patient may have suffered a worsened condition as a result of the delay. As for a misdiagnosis, the patient may have gone through the wrong treatment plan long enough to have made a negative impact on his or her overall health.

Medication Mistakes

As an attorney understands, errors in prescription type and/or dosage happen all too frequently. A doctor may have missed potential drug interactions, prescribed the wrong medication, or calculated an incorrect dose. In other scenarios, perhaps a drug was administered to the wrong patient. Here are specific examples of how medication errors on behalf of doctors or medical staff can happen:

  • The treating doctor wrote an incorrect dosage for the patient’s prescription
  • The treating doctor prescribed the correct dosage and type, but the nurse administered the wrong amount
  • Equipment failure which was supposed to give a large amount of medication over a long period of time to the patient

Anesthesia Errors

Even the smallest of mistakes or oversights from an anesthesiologist can cause permanent injuries or death to the patient. Anesthesia errors can happen prior to or during a surgical procedure in the following ways:

  • Failing to properly examine the patient’s medical history for risk of complications
  • Failing to tell the patient about risks associated with the surgery (including pre and post surgery instructions)
  • Failing to attentively monitor the patient’s vital signs during surgery
  • Utilizing equipment that is unreliable or defective
  • Incorrectly intubating the patient to assist with breathing during surgery

The Key Factor in Medical Malpractice

The main element of medical malpractice cases is whether another competent and knowledgeable doctor would have arrived at the same diagnosis and treatment plan, for a patient with similar circumstances. If a skilled doctor would not have made the same error, then the treating doctor may have committed medical malpractice. If you are unsure whether you have grounds for a medical malpractice lawsuit, an attorney can offer advice based on what happened.

Please book your consultation with a medical malpractice lawyer Deer Park, TX trusts before filing a complaint with the hospital about the potential medical malpractice. In some cases, the hospital may try to destroy evidence in order to avoid paying a patient compensation for the doctor’s error. Let us help fight to set things right, and get you the retribution you deserve.

 


 

Thank you to our friends and contributors at John K. Zaid & Associates for their insight into medical malpractice lawsuits.

Turning to an Attorney About a Motorcycle Wreck

Motorcycle Accident Lawyer

One of the most common vehicle-related accidents that unfold every day on highways, streets and residential areas, is the motorcycle collision. These wrecks can be devastating to riders, as motorcycles do not have a protective outer shell to help deflect an impact. The motorcyclist’s body absorbs most if not all of the force from an accident, resulting in tragic physical and financial damages.

A motorcyclist who has recently been hit by a driver, may wonder what his or her options are in taking action. It is not unheard of for a motorcyclist to turn to a legal professional for some advice, before pursuing a lawsuit against the driver responsible for the crash. Here we have listed a few questions that a rider may have about motorcycle accidents:

What are the most common ways motorcyclists get involved in accidents?

When motorcyclists head out onto the roadways, there are many potential threats that may await them around turns or amidst traffic. A rider must be fully alert and cautious when maneuvering with others on the streets or highway. However, despite being a safe rider, a motorcyclist may still get involved in an accident due to the following reasons:

  • Distracted car or truck drivers (due to cell phones, passengers, talking on the phone, fatigue, intoxication)
  • Low visibility due to weather (especially during heavy rain, fog or storm)
  • Road hazards and construction (which may lack sufficient signs and cones)
  • Unsafe road conditions due to debri, cracked pavement, potholes or sharp curves

If I was hit by a car driver, what types of damages may I receive?

Motorcyclists who have been hit by a car driver may face financial loss and physical injuries, without a way to pay for all the related expenses. A rider may also not be able to work for a period of time, particularly if he or she suffered severe to life-threatening injuries. Depending on the coverage the motorcyclists has at work, they may have to miss work without pay in order to recover. A rider who seeks compensation from the driver at-fault through a lawsuit may receive a monetary award for the following damages:

  • Lost wages
  • Pain and suffering
  • Physical therapy
  • Chiropractic care
  • Hospitalization charges
  • Vocational rehabilitation
  • Motorcycle repairs
  • Other medical bills

Should I hire an attorney for my motorcycle accident?

In the aftermath of a motorcycle accident, it can be difficult to handle the insurance company, deal with the repair shop, and pay for medical expenses out of pocket. Many victims of motorcycle accidents may consult with a motorcycle accident lawyer Minneapolis, MN trusts for help in these areas. An attorney may have useful insight, that the rider had no way of knowing.

For example, it may not be in the best interest of the motorcyclist victim to provide more information than needed to his or her insurance company. The insurance company may use certain statements as a way to minimize or deny a claim. Also, an attorney can provide advice and representation if the motorcyclist decides to file a lawsuit against the car driver for damages.

 


 

Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury claims and motorcycle accidents.

Awaiting a Personal Injury Settlement? Hire a Moving Company

Personal Injury Lawyer

If you’re waiting to receive a personal injury award settlement, it might seem simple enough to move something from one place to another. However, if you lift or move something large or heavy you risk sustaining another injury, or worsening your present injury. You also risk losing out on your settlement if you’re observed moving this object. It’s not unusual for insurance companies to hire private investigators to watch injury victims to see if they can “catch” them in doing something that will nullify the settlement agreement. Here are some tips to help protect you so that you can collect the personal injury award to which you are entitled.

  1. Perception is everything. For example, if you’re carrying an empty box out to your car and an insurance company investigator is watching, they might snap a photo of you carrying a large box. If your settlement is for a back injury, they can argue you’re not injured and they have proof. If asked, “Were you carrying a box?” You would be lying if you said no and a judge may not allow you to answer anything other than yes or no. If it’s just a few light boxes, ask a friend or family member to take care of it for you. Otherwise, hire a moving company to move your items. They can even move items inside houses when the homeowner wants to rearrange their furnishings.
  2. Err on the side of caution. When the body sustains a serious or painful injury, it’s natural for other areas of the body to compensate, or sometimes overcompensate. An example is, if you were in a car accident which resulted in a broken knee, carrying something large might overextend your back muscles. Asking for help is difficult for many people. A moving company is happy to help. Contact a company today for a free quote to find out how affordable these services are, and how they can help you avoid additional injuries.
  3. Follow your doctor’s advice. If your doctor who treated your injury told you to not lift weight more than a certain number of pounds, heed their advice. Otherwise, you risk extending your recovery period or even worsening your injury. If you were to injury yourself by not following advice, there is a chance that the insurance company could claim that is the origin of your injury. That could let their client off the hook and you might not receive your settlement award. In addition, you would be responsible for paying for your medical and treatment costs. Call a moving company if you need to move something heavier than your doctor approved you to move.
  4. Protect yourself. Depending on your location, and the time of year, conditions can be hazardous and require added caution in order to avoid additional injuries. For example, if you sustained a back injury in a car accident and your walkway is icy, you could slip and fall. That could result in worsening your condition because your body is already fragile. Using this same example, hire one of the best moving companies Philadelphia, PA offers, have someone spread salt pellets on the walkway, and use spiked soles for your boots.

 


 

Thank you to our friends and contributors at Suburban Solutions for their insight into moving and personal injury settlements.

 

My employer is threatening me for pursuing workers compensation after an injury. What can I do?

Workers Compensation Attorney

In nearly every state, it is a violation of workers compensation laws to threaten or retaliate against an employee who is filing for workers compensation benefits. If you are an employee who has experienced this, you should report it to your local workers compensation board and call a lawyer.

Every state has its own workers compensation laws. Part of this legislation likely includes the need for employers to carry insurance coverage for any employee who falls ill or is injured while working. It is possible for some states to have special exemptions, but these typically involve employers who have less than 5 employees or only household employees, or employers who own an agricultural company. If it is true that an employer is exempt, they can legally not accept responsibility for the injury or illness. Thus, the employee would need to sue the employer for compensation of a work related injury or illness.

The Employer’s Cost of Workers Compensation Insurance

What an employer pays for workers compensation insurance will be dependent on their history of illnesses and injuries. The more incidents that have occured in the past, the more the insurance will be. For some employers, this acts as motivation to practice the right safety protocols. For others, they seek to minimize their number of claims regardless of the injury or illness. In this case, after an employee becomes harmed while working, their employer might ask them to not file a workers compensation claim. As a workers compensation lawyer, our firm has helped clients who were threatened or fired because they pursued their rightful benefits even though their employer asked them not to.

Threatening, intimidating, discriminating, retaliating, or firing an employee for filing workers compensation is prohibited by law. All of these acts are considered to be a form of intimidation or discrimination. They are illegal and should be reported to the labor department and workers compensation board. A lawyer should be sought for immediate legal advice.

Damages for an Employee Who Was Threatened By Their Employer

As long as the employee has the right to workers comp benefits, they can take advantage of them whenever they are injured or ill, and it is in relation to their job. If they can prove that their employer in some way retaliated against them for filing a claim, the employee may be able to file a lawsuit.

Damages for this type of action could include:

  • Past and future wagers
  • Emotional anguish
  • Lawyer’s fees
  • Punitive damages
  • + More

These types of lawsuits are often costly to an employer because most states do not have caps on the amount of compensation an employee can seek.

Do You Need Help with a Workers Compensation Claim?

If you were injured, or became ill, while working and your employer has denied you of a claim, told you not to file for benefits, has intimidated you, or fired you, call a workers comp lawyer Long Island relies on today.

 


 

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, PC for their insight into workers compensation claims and employer issues.

Can I File a Wrongful Death Suit for a Tree Accident?

Wrongful Death Attorney

My loved one was hit and killed when a large tree branch fell on her during a storm. Who is responsible for this death, if anyone, and what recourse does the family have against the liable party?

How do I determine who is liable?

There are several questions that need to be addressed to determine if anyone is liable and if so, where the liability responsible lies.

  • Where exactly did the accident occur?
  • Was it on private or public property?
  • Who is responsible for the maintenance of the tree
  • Was your loved one acting carelessly when the accident occurred?

Cases involving tree accidents are in a category called premises liability. This allows victims — or their families in the case of a death — to hold the property owners liable for injuries occurring on their property because the owners have a responsibility to keep their premises in a safe condition.

Can a private property owner always be held responsible for an injury from a fallen branch?

Generally, the property owner has a responsibility to keep their property safe for anyone who lawfully visits their property. This includes keeping trees maintained. The extent of their duty also depends on the kind of property involved. For example, if the property included several acres of undeveloped, heavily wooded land, it is looked at differently than a typical residential lot. In this case, the property owner cannot be expected to maintain all the trees or the removal of hanging or dead branches.

In order to prove that the defendant was responsible for the tree-related injury, you must prove that the property owner was negligent. To do this, you must address the following:

  • Defendant has the task to maintain the property in an acceptably safe condition
  • Defendant failed in this duty by not correcting or warning of any dangerous conditions
  • Defendant should have known or knew of the dangerous or hazardous conditions
  • The injuries were as a result of the defendant not maintaining safe property conditions

Does it make a difference if the tree is on public property?

It is a bit more difficult to prove liability if the tree is on public property because you have to show that a local entity or government did not keep the property in a reasonably safe condition or did not issue or display warnings that there was a danger or that they should have known of a dangerous condition.

What can we expect to recover and can we proceed with a wrongful death lawsuit?

Wrongful death is defined as someone dying as a result of someone else’s negligence, inaction or malpractice. In order to receive any kind of compensation, the families of the victim must prove that their loved one died as a result of the negligence of another party. Damages may include all medical and funeral expenses, pain and suffering and future lost wages and income if that person was supporting another family member or members. These are all scenarios that you will want to discuss with a Charlottesville, VA wrongful death lawyer to determine if you have a case.

A wrongful death case is typically allowed for immediate family members or those family members who relied on the deceased for financial or emotional needs.

 


 

Thank you to our friends and contributors at MartinWren, P.C. for their insight into wrongful death cases and personal injury.

What not to wear to court

Personal Injury Lawyer

Yes, it really does matter what you wear to court. Your appearance is a part of showing that you are taking whatever matter that has you in court seriously.  You will be “judged” upon your attire, and possibly not let in the court room if in too casual of dress. Most court rooms now will not let you in if you are in either shorts, and or flip-flops, and if you are let in in such attire the Judge may find you in contempt of the court.  This does not mean you need to wear a three-piece suit, however conservative dress is recommended. Such as for men slacks, or if necessary nice pressed jeans, and either a button-down shirt or collared shirt, and either boots or clean shoes. Do not wear the following items to court if you want to be taken seriously by the judge; ripped jeans, shorts, sandals, vulgar t-shirts, muscle shirts/tank tops, Clothes that are stained, much too big, or overtly form fitting. Do not wear stained clothes, shirts that are ripped and or missing buttons, make sure your pants if you are wearing them are button, and zipped. If you would not want to wear it in front of your grandparents, or to church or some such other even that requires conservative clothing do not wear it to court. Ladies the same recommendation goes to you. You may also wear dresses, or skirts however make sure that it is not too short. Go back to the elementary school rules and if is shorter than fingertip length do not wear it. Also, ladies court is a conservative environment there is a recommendation not to wear exceedingly heavy and or dark makeup. Another recommendation this time for everyone is prior to court cover if possible any visible tattoos with clothing if able or possible. There is still unfortunately a social stigmatism against tattoos, and the people who chose to have them.  This also means that any visible non-mainstream piercings need to be remove if able, an example of a socially accepted mainstream piercing would be a person’s earlobes that are not gauged. Dressing in the appropriate manner shows not only are you taking the matter seriously, but also that you respect the court. Appearances truly do matter for court you are trying to present yourself in the best light possible which means it makes it easier for yourself, or your family lawyer Arlington, Texas trusts to defend you and or your case.

 


 

Thank you to our friends and contributors at Brandy Austin Law Firm, PLLC for their insight into personal injury claims and tips for court.

Will Balancing Your Hormones Help With Couples Therapy?

Personal Injury Lawyer

As we get older, our body slows down or sometimes even stops making certain hormones and the results can be devastating for a couple. Realizing what the changes are can help you take that first step to fixing the issue.

These problems may be wreaking havoc on your marriage. Consider these symptoms of hormone imbalance:

  • Mood swings
  • Weight gain
  • Fatigue
  • Lowered sex drive
  • Depression

Do any of them sound familiar to what you or your spouse is currently going through? Enduring just one of these symptoms could have an affect on how a couple deals with each other — never mind all of them.

Mood swings by one can have the other spouse feeling attacked. What happened to my easygoing wife/husband? Weight gain can make us feel unattractive, even if our partner doesn’t agree.

That can lead to a lowered sex drive, which can make the couple feel like there is a distance between them — that they’re no longer connecting. Depression and fatigue can feed on each other and suddenly it feels like you don’t even recognize the person you’ve become.

Luckily, you don’t have to live this way — there is help out there. A chiropractor Rockville, MD relies on could examine both of you to see what is really going on and let you know what options are out there to help you both.

That’s right — hormone imbalances can affect women and men. There are different options out there that can be tailored to exactly what each of you is experiencing. You don’t need to continue to suffer and neither does your relationship.

It’s also recommended that you get your hormones checked, and then balanced, together — because if just one gets the boost they need while the other does not, that too can put pressure on the relationship. It’s hard when one person has a stronger sex drive than the other.

It’s not just the sex drive that can be affected when you get your hormones balanced. You may find yourselves with the following happening:

  • Greater desire for romance
  • The ability to lose weight
  • Less need for as much sleep (because the sleep you’re getting is a higher quality)
  • You’re more open to having fun and enjoying life

Now imagine these changes happening in your marriage! Suddenly you have the energy to go out on a date night together and reconnect in ways that you haven’t in ages. You’re feeling better about yourselves, which can motivate you to make more of an effort in your relationship.

It can also reinvigorate your couples therapy so that this new connection can be made on all levels — emotional and not just on a physical level. Together you can tackle problems that have been holding you back from being the best versions of yourselves that you can be.

These results aren’t guaranteed and can vary from patient to patient because each person and their reactions to any kind of hormone therapies are completely different.

 


 

Thank you to our friends and contributors at Pain Arthritis Relief Center for their insight into hormone balancing and couples therapy.