If you’ve been injured on the job, the actions you take immediately after the incident may determine whether or not you receive the benefits you’re entitled to. Worker’s compensation is designed to provide you with the medical care and financial assistance you’ll need to recover from your injuries and survive financially while you’re unable to work. However, even a few missteps can undermine your claim and make it difficult for you to receive the benefits you’re entitled to. Here are four steps you should take that will help you avoid problems with your claim.
Report the Injury Immediately
As soon as you suffer a workplace injury, you need to report the incident. Don’t leave work without filing an accurate report with your employer. Stop by your human resource office and tell them that you need to report a workplace injury. If they don’t have proper procedures in place for you to report the incident, sit down and write out a statement detailing all the events surrounding the injury. Be sure to include the time and location of the incident, as well as the names of anyone who was present when the injuries occurred. If you were following the orders of a supervisor when the injuries occurred, be sure to make a note of that in the statement, as well.
Consult with an Attorney
Once you’ve filed your claim and met with your physicians, you’ll need to consult with an attorney. Your attorney will make sure that you receive the benefits you’re entitled to. Your employer and the insurance company are going to be looking to protect their interests, which means you’ll need someone looking out for yours. Don’t try to negotiate with the insurance company on your own. Obtain legal counsel and let them do the negotiating for you.
Follow Your Doctor’s Orders
While you’re receiving medical care for your injuries, it’s important that you follow your doctor’s orders completely. Those medical records, including doctor’s orders, will be used by the insurance company when determining your settlement. If you haven’t followed the doctor’s orders, you could undermine your worker’s compensation claim. If you’re not sure you agree with the care you’re receiving from a physician, seek a second opinion.
Workplace injuries can turn your world upside down. Make sure you receive the benefits you’re entitled to by following the suggestions provided above. Be sure to discuss any concerns you might have with your attorney, such as Hamilton Law Firm, P.C.Learn More
If you have been working in and out of the country and you want to bring home your partner that lives in another country, you’ll want to call an immigration lawyer. If you want your partner to come live with you in the states permanently, and you are strongly considering marriage, there is a process that has to be followed.
Your partner can first apply for a visitor’s visa, where they can visit the area for an extended period of time. During that time you’ll want to meet with an immigration attorney to start the process of turning your partner into a citizen. Here are a few reasons you’ll want to have a lawyer.
There is a great deal of paperwork that has to be filed and applications that have to be filled out carefully. Having a lawyer to help you go over these different documents, and to fill everything out for your partner is ideal. Any flaws will get the application denied, or could force you to start the process over. If this happens, your partner could get deported.
There are going to be very strict laws that your partner has to follow while they’re in the United States. They may not be able to work, or you may have to file for a specific type of visa for them to do so. Committing a crime could be one of the worst things they could do while their application is pending. Your lawyer will make sure your partner is educated about these laws, and help if any complications arise.
If the two of you have decided that you are going to get married during the process, or before submitting the application, your lawyer can file all the paperwork for your marriage license and help to get your new status pushed through the government records. As long as you can prove that you are marrying for love, and not for a visa, there shouldn’t be complications.
There are a lot of different things that you have to consider when you invite your partner to move from another country to live with you. Don’t just have them get on a plane with their passport and think that they can stay at your living space without being a citizen. Eventually, they need to become a citizen of the United States and you will want to get a lawyer to work out the details.Learn More
Riding your bicycle can be a healthy and cost-effective form of transportation, but it also puts you at risk as you share the road with cars and trucks. If you were recently involved in an accident with a driver while riding your bicycle, you may be wondering about your options to help cover the related medical and property damages. Although it is possible to file a personal injury claim against a driver after an accident, the burden may be on you to provide adequate proof of your suffering and the driver’s negligence. These four steps will help you come to court armed with the strongest case possible.
Treat the Incident Like a Car Accident
When you or your bicycle is struck on the road, you may be tempted to resolve the situation informally and be on your way. But this can damage your legal standing and reduce the credibility of your claims, which is why it is important to wait for police to arrive and deliver a statement. This is your opportunity to present your side of the story for the official record, so be honest and thorough.
Assemble Witness Testimonies
If you are not injured significantly during the crash, you may also want to use the following hour or two to get the contact information or brief statements from witnesses on the scene. Assuming you were not at fault for the accident, these witnesses could prove to be a crucial resource when it comes time to prove your claim, and they can be nearly impossible to track down later on.
Seek Medical Attention
Of course, if you were injured, you should seek medical attention as quickly as possible. Even if you feel fine afterward, it is still a good idea to get examined for any underlying wounds or complications. Ask for a written record of the injuries you suffered, and take photographs of them for future reference. Both written and visual evidence of the damage to your person can be a vital resource for winning over a judge or jury.
Protect Your Evidence
In all likelihood, your personal injury attorney will want as much evidence from the crash as possible. This includes your bicycle and the objects you were carrying with you at the time, even torn or dirty clothing. These items help illustrate the severity of the crash and can also be used to justify your requested figure. Avoid washing your clothes, throwing away ruined objects or having your bicycle repaired before you go to court. Your attorney will be able to handle paperwork and negotiations for you, but he or she can’t do everything. By taking steps to bolster your claim while on the scene of the accident, you can dramatically improve your chances of success and an adequate payment.Learn More
Being an unmarried single mother is not always easy, and various legal issues can complicate matters a great deal. Knowing your legal rights as a single mother can help ease your burden in many cases. This article takes a look at some key legal considerations that unmarried single moms often face.
As your child’s biological mother, the law generally assumes that you have the right to custody. The child’s biological father typically does not have this presumptive legal right. If the child’s father wants to challenge your right to custody then he must usually go to court and try to win custody from a judge. Generally, for this attempt to succeed, the father must show that you are an unfit parent in some way, such as proving that you have abused drugs or are not physically able to give the child proper care.
Even though your child’s father might not be granted any custody rights, the courts usually believe that it’s in the child’s best interest to have a relationship with both parents. For this reason, courts typically allow the father of a child to have visitation rights even if the parents were never married. If you feel that a relationship with the father would be harmful to your child, you will need to present the court with a compelling reason to prevent the father from seeing the child.
For example, if the father has exhibited violent tendencies in the past, this could be as a reason to keep him from spending time unsupervised visits with your son or daughter. However, the court might still allow the father to spend time with the child under supervision, even if unsupervised visitation is disallowed.
The father of your child has a legal obligation to support his son or daughter independent of any other consideration. For example, this applies regardless of whether the father has been granted any visitation rights by the court. An important point to keep in mind is that if you apply for any type of government assistance, such as food stamps, the state is going to automatically take legal action to obtain financial support for the child from the father.
Unmarried mothers of young children often face daunting legal issues that can make their lives more complicated. These issues are very difficult to navigate without the help of an expert. For more information concerning this issue, contact a family lawyer, such as Thomas & Associates, PC.Learn More
It is a common misconception that once Social Security disability benefits are awarded, the beneficiary is home free and will receive the same amount for the rest of their life. However, this is most certainly not the case. The Social Security Administration does several types of reviews of recipients to ensure that the benefits they are receiving are appropriate for both their disability and their level of income from other sources. One such review, the Social Security Continuing Disability Review, is conducted anywhere from every six months to every seven years, depending on how likely the recipient is to improve, and can drastically impact the amount of benefits an individual receives.
What Is a Social Security Continuing Disability Review?
It is important to understand what the SSD Continuing Disability Review actually is. This review is conducted by the Social Security Administration for all recipients of monthly Social Security disability benefits. This review is conducted to determine if your medical condition has improved, and if you still require benefits. If your condition has stayed the same, your benefit amount should stay the same. If your condition has improved and/or you have stopped receiving medical care for your condition, your benefits may be reduced or stopped altogether. Generally, if your condition has worsened, you will have to file an appeal on your own to get your benefit amount increased.
Do I Need an Attorney to Assist?
While an attorney is not always necessary, there are several reasons you should consider hiring an attorney with a strong background in Social Security Disability cases to assist you in completing the paperwork and interview process for your Social Security Continuing Disability Review. First, an attorney knows the ins-and-outs of the system and knows what information and key data your paperwork needs to contain in order to get approved. Second, your attorney will know the best strategies to get the largest settlement or disability benefit award possible. Your attorney will give you advice on the best way to proceed. Finally, your attorney will handle most of the legwork for you, so you don’t have to deal with the stress of chasing down documents and preparing your application and other paperwork.
The thought of any type of review or dealings with the Social Security Administration can be intimidating. You are not required to enlist the help of an attorney when you are dealing with Social Security issues. However, many applicants and benefit recipients have better luck obtaining a favorable judgment when assisted by an attorney. Many attorneys will take your case with no up-front fee, and collect their fees after you receive a settlement or are awarded benefits. For more information, contact a disability attorney like Bruce K Billman.Learn More
One of the most common pieces of advice you will be given when shopping for a lawyer is to put a premium on experience. The advice is often repeated to the extent where it has almost lost its seriousness. While the advice applies in almost in all legal cases, consider it a gem if you are planning to instigate a medical malpractice case. Here are three strong reasons for this:
The more complicated a legal case is, the more experienced you want the attorney handling it to be; it just makes sense. Few injury cases are as complicated as medical malpractice issues, mainly due to the nature of the evidence involved. There are several things you and your lawyer need to prove. For example, you need to link your injuries to your doctor’s negligence, which may be difficult at the best of times, but extremely complicated if you had preexisting injuries. Considering all these, do you want to leave your fate in the hands of an inexperienced lawyer?
High Costs of the Lawsuits
Just like other personal injury cases, medical malpractice litigation has its costs apart from the obvious ones, such as fees for your lawyer. For example, you have to part with a considerable amount of money as expert witness fees. Expert witnesses are used in many cases apart from medical malpractice, but they are almost necessary for the latter. After all, few people outside the medical field understand medical cases and the associated jargon.
According to some statistics, ongoing expenses are likely to cost you $20,000 to $50,000 for a simple case or $50,000 to $100,000 for complicated cases. Don’t forget that your case probably won’t be the only one the lawyer will be handling at that time, and he or she needs money for other cases’ expenses too. You need a lawyer who has amassed a considerable fortune to bankroll such a costly enterprise.
The Conspiracy Of Silence
Doctors aren’t always willing to testify against their colleagues. This is informally referred to as the conspiracy of silence amongst doctors who fear the repercussions, perceived or real, of testifying against fellow doctors. Therefore, an inexperienced lawyer may fail to land the right experts. However, an attorney who has been in the field for a long time probably has a network of doctors he or she can tap into whenever necessary.
Now you know why you shouldn’t rely on a greenhorn to litigate a medical malpractice case. However, you still have a part to play by being utterly honest, furnishing him or her with the necessary documents, and weighing his or her advice before making a decision. You will be wasting your lawyer’s knowledge and experience if you don’t do those things. Contact a local attorney, like Cobble Jeffrey A Attorney, to get started.Learn More
If you’ve heard of the popular television reality show that follows four women married to the same man, you may wonder how their marriages are legal. The simple answer is that they aren’t. Only one woman is legally married to the husband in the relationship and the others are defined as spiritual unions. Just the same, the state of Utah investigated the family, putting them under threat of criminal prosecution and jail time. Why are anti-bigamy laws so serious? What happens if you find yourself in a bigamous relationship by accident?
Why is bigamy a crime?
Bigamy is generally considered a crime against the government, rather than a crime against an individual. Legal marriage also confers other entitlements, such as Social Security spousal benefits and citizenship through marriage.
Because of the importance of the legal marriage contract, penalties for bigamy can include and heavy fines and substantial jail time. In the Utah case, for example, each wife could have served five years in prison and the husband could have served twenty.
While the law in Utah is still being disputed in court on appeal, the criminal laws of most states only address situations where someone has two or more (supposedly) legal marriage certificates and intentionally entered into a bigamous relationship. People who merely claim to be married spiritually aren’t generally at risk of prosecution, nor are those who are in accidental bigamous relationships.
How does an accidental bigamous marriage happen?
In some states, in order to get married a second time, you have to give definitive proof that you are divorced or that your previous spouse died. However, not every state has this requirement, which has caused some people to enter into a bigamous relationship because they didn’t realize that their first divorce wasn’t finalized. It often happens when one spouse takes responsibility for filing the final paperwork with the courthouse and never does. A spouse who was missing and presumed dead might also resurface after a number of years, very much alive.
Occasionally, one spouse purposefully hides a previous, still existing marriage from the other spouse. In that case, the spouse doing the deceiving is guilty of bigamy, but the innocent spouse is only accidentally in a bigamous relationship.
What should you do if you find out that you’re in a bigamous marriage?
If you find out that you or your spouse has another, still valid, marriage somewhere else, you have more than one option. The previous marriage automatically invalidates your current marriage, so you can technically walk away without doing anything (if you are so inclined). However, that could present problems if you have financial entanglements or children with your current spouse. You could also run into problems down the line if you seek to remarry. Even though your current marriage isn’t valid, there would still be a marriage on record and you’d be required to prove that it wasn’t valid to avoid possible charges of bigamy yourself.
If you intend to leave the marriage, you might consider getting a formal annulment. While an annulment is really just a legal declaration that your bigamous relationship is null and void (which you already know), going through the process provides you with the proof you might need later to show that the marriage was invalid. The process of annulment can also be used to ask the court to rule on things like child custody, child support, and the separation of property.
If you intend to stay in the marriage, the first thing to do is to find out what needs to be done to end the other marriage. In some states, once the divorce from the other spouse is finalized, your current marriage is automatically validated. In other states, you’ll have to get a new marriage license and remarry.
If you find out that you’re in a bigamous relationship, contact a family law attorney like The Law Office Of James R. Kennedy Jr. to discuss all the possible legal ramification and for advice on how to proceed.Learn More