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8 Mistakes to Avoid During the Workers Compensation Claim Process

Wed, 18 Sep 2019 21:19:43 GMT

If you're going through the workers' compensation claim process, you can protect yourself and your claim by avoiding these 8 costly mistakes.

The US Bureau of Labor Statistics reports that there were almost three million nonfatal workplace illnesses and injuries reported in the US. This rate means that there are around three injured worker’s for every 100 full-time employees.

Are you one of these three injured workers? Read further on how to protect yourself throughout the worker’s compensation claim process. Recognize these common mistakes so that you can concentrate on getting back your good health.

What is Worker’s Compensation?

Worker’s' compensation refers to state statutes that ensure that worker’s injured on the job receive reimbursement for their medical costs. This system allows employees to avoid having to sue their employers for reimbursement.

Worker’s compensation specifically applies to worker’s injured on the company premises. Under current worker’s compensation laws, most companies can’t do business until they secure this insurance.

Worker’s Comp Claim Process Overview

Since each state has its own worker’s compensation laws, it’s easy to get confused when filing a worker’s compensation claim. Each statute, however contains basic versions of these important procedural steps:

Notify Your Employer

Be sure to inform your employer in writing, that your injury took place. State worker’s compensation laws include statutory deadlines after your accident for you to tell your company that you were hurt.

Worker’s Comp Claim Review

Submit your worker’s comp claim to your employer’s insurance company and the appropriate state-level worker’s compensation office. Once your claim is reviewed by your employer’s insurance company they’ll let you know if your claim is approved.

Employers usually file claims with its insurer and the state worker’s' comp board office for you. After your claim is evaluated, an administrator tells you whether your claim is accepted and the amount of benefits to which you are entitled.

Top 8 Mistakes Made During the Worker’s Compensation Claim Process

Filing a workman’s comp claim can be a lengthy and nerve-racking experience. This is especially true if you’re trying to recover from injuries. It’s not hard to see where mistakes can appear that could result in your claim being rejected.

Here are some examples of eight costly mistakes that could jeopardize your claim:

1. Failure to Gather Evidence

Evidence plays a vital role in your workman’s compensation claim. If you don’t take photos of the accident scene, you won’t be able to prove that dangerous conditions did exist.

Don’t forget to collect names, phone numbers or addresses of any witnesses who saw the accident. You’ll need their testimony to support your claim.

2. Not filing a Worker’s Comp Claim Correctly

Some states require injured employees to file their own worker’s comp claim. Other states believe it’s your employer’s responsibility to file on your behalf. Notifying your employer about the accident isn’t the same as filing a claim.

Some worker’s compensation forms allow the option to request a hearing for mediation. Most patients don’t know that they can choose not to request mediation. Avoiding mediation means you’ll begin to receive benefits sooner.

3. Missing the Statute of Limitations to File a Claim

Each state has its own statute of limitations that outlines the deadlines after your injury to file a claim. The Missouri Statute of Limitations states that injured parties have five years after their injury to file a worker’s compensation claim.

The statute of limitations also applies if you want to reopen your closed worker’s compensation claim after it has been settled. Claims are usually reopened if any delayed onset injuries reappear that are attributed to the original injury.

4. Not Seeing Your Employer’s Appointed Physician

Worker’s compensation laws state that your employer can appoint which doctor gives you an assessment for treatment. If you fail to be examined by this physician, your claim may be dismissed.

You can still visit your own physician, but they can’t be a substitute for the employer’s appointed physician. If you’re dissatisfied with the appointed physician’s treatment plan, you can seek permission to visit another doctor.

5. Exaggerating Your Pain or Symptoms

Worker’s Compensation payments are based on the appointed doctor’s assessment. They’ll recognize right away if you’re lying about your pain or symptoms.

There’s another reason why lying about your injuries or progress during the worker’s comp claim process is a bad idea. If they know you’re lying, they can deny your claim.

6. Ignoring the Doctor’s Orders

The appointed doctor files updates with the Worker’s Compensation Commission on overall progress. If the Commission thinks that you aren’t following the doctor’s instructions, your claim can be discontinued or denied.

Following doctor’s instructions include attending checkups and physical therapy visits. If you disagree with the prescribed treatment plan, you can request a meeting with the Worker’s Compensation Commission.

7. Forgetting to Get a Second Professional Opinion

Even though you must follow the appointed doctor’s medical advice, you can still secure a second professional opinion. You can use your own doctor’s advice as another voice of wisdom to provide input on your case.

The appointed doctor’s orders might contradict your own physician’s advice, If this happens, you can ask the Worker’s Compensation Commission to review this difference to see if it affects your benefits.

8. Refusing Alternative Assignments While You Heal

Don’t be surprised if your employer offers you light duty or limited tasks to ease you back into the work routine. If the appointed doctor decides you can handle this reduced workload, you’re obligated to take it.

Refusing alternative assignments while you heal could have other consequences as well. Failing to cooperate might mean that your benefits stop.

Next Steps

If you're injured in a workplace accident, advise your supervisor in writing. Take pictures of the accident site for your own records. Keep detailed notes on past events in case you start to suffer from delayed onset injury symptoms.

Schedule time with your own doctor to keep them updated on the progress of your case. Invite them to review and comment on the treatment plan that your employer’s physician prepares for you.

Still confused about the worker’s compensation claim process? You can request a free consultation with us from our website. We offer sound legal advice and compassion to help those who have been injured on the job.

5 Costly Mistakes That Can Affect Your Personal Injury Claim

Tue, 03 Sep 2019 21:06:34 GMT

A lot of mistakes in life are harmless, but personal injury claim mistakes can be costly. Avoid these 9 mistakes to maximize your settlement.

Each year, there are nearly 30 million emergency room visits as a result of unintentional injury.

If you've been injured in an accident, there's a chance you're entitled to compensation. Unfortunately, there are mistakes you can make that can ruin your chance of winning your case.

These must be avoided at all costs.

Not sure where to start? Don't worry, we got you covered.

Let's take a look at everything you need to know about mistakes that can affect your personal injury claim.

1. Talking Too Much About Your Case

This is one of the most notorious mistakes that injured claimants make.

Unless it's an attorney you hired or a representative from your insurance company, anyone who asks about details of the incident is looking for ways to invalidate your claim.

For example, let's say you were injured at a convenient store in a traditional slip-and-fall case. Days later, you receive a phone call from the other party's insurance adjuster.

Since they sound friendly and their questions seem harmless, you talk to them for a while before hanging up. Without realizing, you admit that you were looking down at your phone and texting before your injury happened.

This information is then used against you in court.

So, as a rule of thumb, don't talk to anyone about your case unless you're aware of their intentions and can trust them.

2. Not Properly Documenting Your Injuries

You may have a hard time proving the extent of your injuries if you don't have any proof of them.

If your injuries are visible, take pictures as soon as you can. Videos are also a viable option and can be used to offer seamless evidence of all your injuries.

If your health complications are internal, however, then you'll need proper medical records in order to prove your condition.

Information in medical records can include:

X-rays and other imaging

Prescriptions required for medication

Diagnoses from a medical professional

Dates and times of consultation

So, make sure to keep proper track of all of your injuries (both internal and external) in order to give your case the best chance of success.

3. Not Preserving Evidence

As with medical records, evidence of the incident is vital if you plan on receiving the compensation you're entitled to.

Once you take pictures or videos of the incident, email them to yourself so that you can access them if there's an issue with your phone in the future. If you already have an attorney, you can email the evidence to them, as well.

If you're able to take photos of the scene at the time of the incident, take all the pictures you can. If the incident left you unconscious (or broke your phone), you can request surveillance footage from nearby businesses.

Evidence is worth nothing if you don't have it readily available, so do all that you can to make sure you and your attorney have access.

4. Overusing Social Media

This is another common pitfall people find themselves encountering during their personal injury case.

Let's take a look at a brief scenario.

David was injured in a grocery store after slipping and falling on the tile. Since there was no caution sign visible at the scene, he was unaware the floor was wet. So, he decides to seek compensation.

A couple of weeks later, David posts a picture of him and his girlfriend on a hike with the caption "love to love you." Although the photo was taken months before the incident, it gives off the impression he's not as injured as he initially claimed.

This evidence is then used against him in court to dispute his claim that he is owed compensation for his injuries.

David's key mistake here was that he forgot he was under investigation due to his ongoing case.

There are professionals hired to check the validity of David's claim, they're looking for any information they can use in order to defend themselves in court.

As a rule of thumb, it's best to refrain from posting content on social media until your case is resolved. Even a brief interaction with someone where you post "I've been well, how are you?" can be used as legal ammunition against you.

5. Signing Documents Without a Lawyer Present

There is no reason you should sign anything related to your case without a lawyer present. This is especially true if you are contacted by a third party or an insurance adjuster from the entity you're filing a claim against.

For example, let's assume the form you're requested to sign is formatted as a non-disclosure agreement stating you can't discuss any details of the subsequent conversation with anyone else.

However, there's fine print that allows the other party's insurance company to access your medical records and see exactly all the details of your hospital visit.

As you may be able to assume, the other party will then attempt to downplay your injuries and use this information to boost their defense against your claim.

They may even go as far as to deny responsibility and say your injuries are inconsistent with the incident that occurred.

So, before you sign anything related to your case, contact your lawyer.

Handling Your Personal Injury Claim Can Seem Difficult

But it doesn't have to be.

With the above information about personal injury claim mistakes in mind, you'll be well on your way to avoiding any trouble and giving yourself the best chance of success.

Have you suffered from an industrial accident and don't know where to go from here? This article has plenty of useful info.

Facebook Fail: How Social Media Sharing Affects Personal Injury Claims

Wed, 21 Aug 2019 21:02:08 GMT

Are you prone to sharing every detail about your life on social media? When it comes to personal injury claims here's how social media sharing impacts your case

Social media is a must these days with 69% of US adults having at least one social media account. Though the average internet-using American has about seven different accounts.

With this many different accounts, we are posting about every aspect of our lives all over the internet. Now, most of the time, this means posting harmless pictures of what you ate for breakfast.

But some things are best left unposted. When it comes to personal injury claims, you need to be careful about what you post.

Posting the wrong thing can negatively affect your case.

How Social Media Impacts Personal Injury Claims

The biggest problem with social media is that even the most innocent of actions can have a contradictory effect on your testimony. Your posts may give away what you can do. Or they may show you checking into places and happily participating in activities.

It isn't just about you either. Friends and family that witness the accident can contradict your statement of events. Or they could make incorrect statements about your condition or income level.

Disprove Physical Injury

To substantiate your claims of physical injury, your lawyer will use your medical records, experts, and witnesses. The defense's goal is to prove that your claims are unsubstantiated.

This could be showing that you aren't actually injured or your injuries aren't as bad as you claim. One way they will do that is by searching your social media.

Let's say that you are claiming that you can no longer participate in your much loved physical hobbies. However, the defense team finds images of you enjoying the very activity you claim you can no longer do.

You then risk the judge ruling against you because the evidence shows that you can participate in the activities when you claim you are unable.

Disprove Emotional Distress

When you suffer injuries in an accident, you may be able to claim emotional distress. This will include anxiety, depression, loss of enjoyment of life, withdrawal, and isolation.

However, the defense can use the fact that your friends and family wish you a happy birthday on Facebook to disprove this. How are you isolated and withdrawn if you have such a strong network of support.

This may sound like a loose connection. But it is a perfect example of how the defense will take anything they can and twist it to their advantage.

Your Posts Are Public Record

Anything that you put out publicly on the internet is now public record. This also includes anything that someone else posts about you.

That means that all of these public posts can be used against you in your personal injury claim. The only parts of social media that are safe are private messages. These cannot be accessed without consent or a warrant.

Why They Are Admissible

Different states use different theories to get social media post admissible to court. For instance, California considers them electronic communications. So they are relevant written statements.

Nevada's Rules of Evidence have social media posts admissible because they are statements made by a party to the case. Your friends and family's statements are also admissible if they contradict yours.

In Ohio, the use of social media posts is on the rise. Though similar to other states, there is a growing adjustment period where the court and Rules of Evidence need to catch up with the changing times and technology.

Best Practices for Social Media

The best course of action after an accident is to suspend your activity on social media. Even posts that seemingly have nothing to do with your injury can be detrimental.

At the very least you'll want to double-check that your account is set to private. You will also want to avoid accepting any new friend requests.

You should also ask that your friends and family do not post anything that is related to you or your accident. For the most security, they should set their profiles to private also.

Do not fall into the trap of thinking that you will do better than other people. All it takes is one slip up, and the defense team has their ammunition.

Check What Can Be Seen

One good way to protect yourself and your case is to find out what the defense can dig up. First Google yourself and find out what pops up. You may not be able to remove these results, but at least you can prepare for the defense to bring them in court.

Next, you should view your social media profiles as they are from a public view. You can do this in your settings. This will help you make sure nothing is visible to those who are not your friends.

Social Media That Puts You at Risk the Most

Facebook is the most popular social media platform in the world, which also makes it the most popular for attorneys to check when looking for evidence.

The second most trouble social media platform is Twitter. It tends to be an easy way for people to get thoughts out mindlessly. Don't let one impulse Tweet jeopardize your case.

The third most troublesome is Instagram. This picture-based platform tends to be another good source for contradictory evidence. Don't post a seemingly innocent picture that turns out to be damaging.

Protect Your Personal Injury Claim

The key thing to remember is that your social media posts can be used against you. Even the most seemingly innocent posts that have nothing to do with your injury. Sometimes these are the posts that can be the most damaging.

When it comes to filing personal injury claims, you need to help your lawyer by staying silent on social media. That way, you don't sabotage your claim.

Contact our office today, and let's discuss your personal injury claim today.

How Worker's Compensation Doctors Can Make or Break Your Claim

Wed, 07 Aug 2019 20:58:57 GMT

Wondering what to expect from worker's compensation doctors- do they really care about your medical claim? Here's everything you should know

2.8 million nonfatal workplace injuries and illnesses in private industries alone in 2017, according to the most recently reported statistics from the U.S. Bureau of Labor Statistics.

In these cases, employees usually have two options. Either sue their employer or file a claim for workers compensation.

When opting to make a workers comp claim, there are things the employee needs to know about workers compensation doctors.

Read on to learn what you need to know to make sure you receive the reimbursement you deserve and that your claim does not get denied.

What are Workers Compensation Doctors?

Workers compensation doctors are doctors who treat employees who suffer a work-related injury or illness. The doctors are chosen by the employee's employer or the employer's workers compensation insurance carrier.

Some states require employees to see workers compensation doctors, either for the initial visit or for their entire treatment.

In other states, like Missouri, employees have an option to be treated by a doctor of their own choice. But they must pay for it themselves, without reimbursement from their own health insurance.

Since this option isn't available to very many, most employees are treated by workers compensation doctors.

How Your Workers Comp Doctor Can Affect Your Claim

You need to work closely with your workman's comp doctors to make sure their records reflect completely when and how you were injured.

When the workers' compensation board reviews your claim, your workers' comp doctors reports will be the main evidence they use to decide how much your claim is worth.

Here's what your workers' comp doctors need to do to help your case, when necessary. If they don't, they will hurt your claim.

Document the Injury/Illness Happened at Work

Your medical records need to include the information that your injuries/illness occurred during work-related activities.

So on your initial visit tell your doctor that your injuries/illness occurred during your employment. Repeat this information every time you visit any doctor treating you for related injuries or illnesses, even if it is a doctor you've seen before for the same injuries/illnesses.

Workers compensation is a no-fault insurance policy. This means you are entitled to reimbursement no matter who was at fault for your injuries.

Some employees are concerned about filing a workers' compensation claim because they are afraid of upsetting their employer. Don't be! There are laws that protect you from employer retaliation.

It is very important that you are upfront with all your workers' comp doctors that you were hurt at work, when you were hurt, and how you were hurt.

Failure to prove your injuries were work-related is one of the most common reasons a claim is denied. So you need this information to be in your medical record file, so don't be afraid to let them know!

Completely Document All Injuries/Illnesses

To prove your workers' comp claim, you need your doctor to note each of your symptoms in full, for every injured part of your body.

For example, if you tell them you hurt your lower back, left wrist, and left hip during a fall, their records need to address each of those complaints and their record needs to track your recovery from each of those injuries.

They also need to note what you told them at each visit in regards to where and how much you were feeling pain, stiffness, or other symptoms of your injuries.

If your doctor refers you to physical therapy, you will need to make those appointments and provide proof that you followed your doctor's orders.

The workers' compensation board is going to want to see how much pain you were in and for how long. They will also determine whether you will have any continuing pain or limitation once you have completed all treatments prescribed by your doctor.

Refer You for Further Treatment or a Specialist

When appropriate, it is imperative that your workers' comp doctor refer you for further treatment or to a specialist, when appropriate.

Their failure to have you get an MRI or Catscan, for example, may not uncover more serious health issues than your doctor diagnosed.

Also, some injuries and illnesses need a second opinion and/or medical treatment from a specialist to fully address your claim.

If you are not diagnosed for all related issues involved in your claim it may mean you aren't fully compensated by workers comp. It may also leave these uncovered issues open as a pre-existing condition if you are later hurt in the same part of your body.

What You Need to Know About Independent Medical Exams

A workers comp insurance carrier may request an employee attend an independent medical exam. Although worded as a request, it is not. If you fail to allow their IME doctor to examine you, the workers' compensation board may deny your claim.

There are various reasons for these exams. Such as when treatment continues longer than the insurance company feels is appropriate. Or the employee's doctor recommends special tests or surgery.

These doctors get paid by the worker comp carrier and their job is to find fault with what you and your doctors have said about your injury/illness. They will exam you and your medical records.

This is another reason why making sure your workers' comp doctors completely document your injuries/illness.

Consult with Us Today About Your Work-Related Injury

A workplace injury or illness requires prompt action. There are time restrictions you need to meet.

You also need to make sure all your injuries get documented so you get all entitled to reimbursements.

Contact us today! We can guide you through the entire process of dealing with workers compensation doctors and your claim.

Proof Positive: Understanding Types of Evidence for Personal Injury

Wed, 24 Jul 2019 20:52:18 GMT

When you have to show a preponderance of evidence, it's important to know what types of evidence will help you win your case.

Have you sustained an injury through a recent accident?

Personal injury cases are among the most common cases filed in court today. This is because there are a lot of ways one can sustain a personal injury like a workplace accident, medical malpractice, and despite their drop in overall cases, motor vehicle crashes still continue to plague the roads.

Despite them being one of the most common cases, a lot of people still don’t know the different types of evidence that can help them with their cases. As a result, they fail their case and don’t receive the proper compensation they deserve.

For you to avoid this, we’re here to help you understand the different kinds of evidence you need to win your case. With this in mind, you’ll always come prepared and receive the compensation you deserve.

1. Physical Evidence

Physical evidence is something you can touch and see when you present it to the court. This can be anything so long as it can prove the point of your case. For example, a piece of broken metal which caused an accident in the workplace or a dented part of the car you got hit from.

This is often considered to be among the best kinds of evidence as it shows irrefutable proof that someone caused an accident at your expense and shows how you got injured. Presenting these will help your case as it often shows you’re not faking your claim for compensation and that it’s indeed required.

The problem with physical evidence though is preservation tends to be hard in some cases. It’s important you file a report as soon as you can after the accident happened. This will allow the plaintiff to preserve the evidence for future use in your case.

Doing this will only benefit you as these cases tend to take several days to come to a conclusion. During which, the evidence needed to support your claim may have gotten cleared out by then.

2. Witness Accounts

If the accident you’re involved in takes place in a public setting, then you’re presented with another means of gathering another type of evidence. Witness accounts are something the court will consider to have weight for your case. This is because these are the testimonies of those who saw the event unfold before their eyes.

For the most part, people don’t have anything to gain by telling anything but the truth. They’re often reliable sources of information on what happened in the accident. However, since the claims aren’t made under the oath of court, they’re treated as hearsay.

This means the court can hold them as inadmissible, meaning they can become invalid claims not relevant to the case. Among the different types of evidence, these ones become inadmissible most often. There’s a way you can turn the tables around with witness reports though.

You should take more statements from more witnesses on their take on the accident. More statements mean a likelier chance of the accounts being true. Make sure to have them recorded to avoid accusations that these are fake.

3. Medical Reports

This kind of evidence is best at supporting that your injury is something coming out of the accident. Medical reports often weight the most when it comes to convincing the court of the truth. The reason being there’s little chance what’s written in a medical report is false in any way.

This is an important document to have because it proves the injury isn’t self-sustained. Cases of personal injury are often a guise for some people. For the most part, their true motive is insurance fraud or something like it.

If this isn’t something you’re worried about, then you should get a medical report as soon as you can. These show you the extent of your injuries and sometimes even some you weren’t aware of. They can save your life by detecting things like internal bleeding organ damage.

You should ensure you keep a copy of all the documents given to you during your checkup. Everything from the report to the bills you get will become beneficial to you as corroborating evidence in court.

4. Police Reports

Once you’re sure everything is fine with you after the accident, you should go to the police and file a report. This prompts them to record the state of things after the accident. Sometimes, this also prompts an investigation from them.

Their findings can be useful for your case if ever you need to prove the accident is a result of negligence in the workplace, road, or in medical practice.

This report is also important as a detailed report on important parts of the accident will be in it. The date, place, and exact time of the accident are all recorded here. They may also uncover more evidence on the accident during their investigation.

If that happens, you can use the new evidence to get more for your compensation. This is likely to only happen if the evidence they uncover directs to gross negligence.

5. Picture and Video Evidence

One of the most common mistakes after an accident is that people forget to use their smartphones. You should contact emergency personnel and inform them of what happened as soon as you can. You should also use your phone to take pictures and videos of what happened.

A simple snapshot of what the accident looks like can change the outcome of your case altogether. It can turn your demonstrative version of what happened in the accident and turn them into real evidence to support the case you’re filing for personal injury.

Dashcam videos can also be great evidence to use in a personal injury case. This tells the court how none of it was your fault and shows why it’s right to give you compensation.

Understand the Types of Evidence and Win Your Personal Injury Case

There are many types of evidence you can use to show in court to support your case. Read the guide above to understand which type will help you win your case today!

Looking for a good attorney to help you with your personal injury case? Contact us here and we’ll get in touch with you as soon as we can!

Tick Tock: 5 Things to Know About Personal Injury Statute of Limitations

Sat, 13 Jul 2019 20:44:25 GMT

There is a timeframe in which yo need to file your personal injury lawsuit. The personal injury statute of limitations varies by state--don't wait to file.

Did you involve yourself in a car accident, slip and fall or any event that caused you harm? it’s best to consider filing a personal injury lawsuit. This will allow you to take care of your medical expenses, together with other damages.

Personal injury claims are crucial in protecting you and the people around you. Even then, there’s a time limit on how long you can do a claim.

Personal injury statute of limitations is a crucial thing to consider. Once the statute of limitations expires, it’s all over for your claim.

How long until the statute of limitations expires? Can the statute of limitations be waived? In this guide, we’ll give you the 5 things you need to know about your personal injury settlement timeline.

What Are Personal Injury Claims?

Before we learn about the statute of limitations, we need knowledge. We need to first understand what forms a personal injury claim.

In any event where someone causes you harm, you can make a personal injury claim. It does not matter whether it’s intentional or accidental. There are a few nuances to this, having a few differences from state to state.

In such a case, you would need to prove a level of liability and damages to get your claim. You can get a negligence claim if somebody injures you and fails to exercise care. This even goes beyond claims during car accidents.

You can also claim personal injury during slip and fall events under strict liability. You can even do a claim when somebody hits you under intentional wrongs.

The problem with a claim, however, is the statute of limitations. Apart from the need to prove your claim, you also need to make sure you’re still in the timeline to do the claim.

You can read it all in full Title 35, Chapter 516, Section 516.520. Here’s what you need to know:

1. Missouri Gives 5 Years

The first thing you need to know about your personal injury claims timeline is the expiry. After the incident itself, a clock ticks down until you can’t do a claim anymore. This can differ from state to state, so it’s crucial to know how long you have.

In Missouri, you have a time limit of five years until your statute of limitations expires. The Missouri Code 516.120 states that within five years, you need to file a lawsuit seeking legal remedy.

This includes all types of negligence and intentional torts. Any car accident or physical abuse goes under this limitation.

Whatever happens, if a person caused you any type of injury, you have five years. You can file the initial documentation for civil remedies.

Start an official complaint and as soon as you can. You want to make sure the paperwork, together with all the details, happen before its expiry.

2. Can They Waive the Statute Of Limitations?

Let’s say the five years’ worth of statute of limitations expired. Can the statute of limitations be waived? The answer to that is a big no, with some crucial exceptions.

In actuality, you can still file on court for a personal injury claim. You can even complete all the necessary documentation. The problem, however, is the opposition.

Whoever you file a claim against, their personal injury lawyer will file for a motion to dismiss the case. The judge would likely agree to the dismissal as well.

The five years are set long enough for anyone to file their claims. It is your responsibility to file your complaint during this extensive time allotment. If you are unable to file during these five years, you’re giving up any leverage that you have.

3. There Are Exceptions That Stop The Personal Injury Settlement Timeline

Remember the exceptions we said about the statute of limitations? Can statute of limitations be waived with exceptions? It depends upon the exception.

For people who are under 21 years of age or have mental incapacitation, the law is different. Their five years of clock time does not start from the date the event took place. Instead, it starts from the day they turn 21 years old or in the day their legal disability ends.

The Missouri Revised Statutes section 516.170 confirms that someone needs to have the proper level of competence to file a personal injury claim.

Another exception is non-residency, according to the Missouri Revised Statutes section 516.520. If the person you are trying to sue is not a local of Missouri, it helps your discovery deadline. Their time out of state does not count to the personal injury settlement timeline.

4. There Are Shorter Statute of Limitations For Other Types

There are two types of cases that are different from normal personal injury claims. These have a shorter statute of limitations in Missouri, so you’d want to be more proactive in pursuing damages. These are medical malpractice and wrongful death.

As per section 516.105, medical malpractice claims in Missouri has a 2-year statute of limitations. This starts from the discovery of the malpractice itself, up to 10 years from the event. Wrongful death, however, needs 3 years until the statute of limitations expires.

5. Claims Against Missouri Cities Are Much Shorter

Missouri also allows personal injury claims against a city or a local government. The personal injury statute of limitations for it, however, is very short. You have up to 90 days to file a complaint and claim for personal injury.

These 90 days apply to both negligence from a government agency or an employee in their official capacity. These exist to allow for an efficient legal process and prevent abuse of the system.

Understanding Your Personal Injury Statute of Limitations

When it comes to personal injury statute of limitations, you need to understand which type of claim you will make. You have an average of 5 years to settle your claim. You need to understand that there are exceptions and differences to these, so you need the right information.

If you want to do a personal injury claim in Missouri, you need an expert in Missouri personal injury law.

Rick Koenig specializes in personal injury cases, from auto accidents to worker’s compensation. If you have an injury from negligence or intent, Rick Koenig will help you win.

Talk to Rick Koenig now and get 30 years of legal expertise.

9 of the Most Common Industrial Accidents and What You Can Claim For

Mon, 24 Jun 2019 01:43:28 GMT

Are you victim of one or more industrial accidents? If you're wondering whether your case is worth claiming compensation for, learn more in this blog!

While the industrial industries are reliable and always in need of skilled workers, employees face a higher rate of injuries or even death. So much so, 1 out of 5 workplace fatalities are in industries such as the construction industry.

What if you face an injury while on the job? You can always claim a worker’s compensation injury and hire a lawyer to represent you. But it’s still best to do what you can to prevent an injury on the job.

Know what to expect before an injury happens. Here are the 10 most common industrial accidents and what you can claim.

Industrial Accidents You Should Always Avoid

The workplace is for you to fulfill your dreams and make a living.

It isn’t a place where you should be risking your health or even your life. But many workers are victims of these accidents. In case you get in an accident, here’s what you can claim .

Slips, Trips, and Falls

This is a common accident in all industries of work and the industrial industry is no exception.

Any workers can easily slip on a tool or equipment. If you’re working at large heights, there’s a chance you can fall or drop off of your work station.

In general, you can file a claim for these accidents. But it depends on the severity of the accident and the injury.

Hit by a Falling Object

When working in the industrial industries, you never know what will hit you.

Something as small as a loose nail or a large piece of machinery can hit you when you least expect it. This is common in industries such as lumber and construction.

You may be able to file a claim for this injury. Always discuss your options with a diligent lawyer.

Crashes

On the severe side of the accidents, those in the industrial industries face crashes. The statistics increase when operating machinery, such as a crane or a forklift truck. If you’re operating this machinery, you risk severe injuries.

Preventing a crash is difficult. You can alleviate your risk of injury by wearing seat belts and other protective gear.

If this is the case for your injuries, you definitely have the right to file a lawsuit.

Exposure to Loud Noise

While this is an odd accident, it has more detrimental effects than you can imagine. 432 million adults have disabling hearing loss. And many industrial workers can agree, the job can get very loud.

Ensure you wear ear protection such as ear plugs while on the job. If you didn’t and you suffer from permanent hearing loss of more than 10 percent, a lawyer can help you receive a settlement.

Inhaling Toxic Fumes

3,000 patients are diagnosed with mesothelioma every year. The main cause of this cancer is asbestos exposure. Asbestos is a material found in many commercial products, used in industries such as construction and manufacturing.

Asbestos isn’t the only toxic fume workers can inhale. Others include formaldehyde, nitrogen oxides, and sulfur dioxide.

You can claim exposure to dangerous chemicals in a workers compensation lawsuit. In addition, you can also file if your skin or eyes were exposed to dangerous chemicals.

Walking into Objects

While walking into an object may be funny in cartoons and entertainment, this can cause serious injuries. Especially if you’re walking into large machinery or even a sharp object.

Everyone is clumsy or doesn’t pay attention while they’re walking. But if you were injured because you walked into an object, you’re probably wondering if you can receive compensation.

This one is challenging. That’s because you sustained the injury by carelessness, not because of anything outside of your control. However, if your injuries are severe enough, you can inquire with a lawyer.

Hit by Moving Machinery

What if a vehicle or other piece of machinery hits you while you’re not operating the machinery?

The injuries you can sustain are disastrous. You’re a victim of this accident if the machinery hits you while in motion or if a body part is stuck in the components.

Machinery that’s not operated properly causes a safety hazard. Whether the operating wasn’t paying attention or the machinery is functioning, there’s a good chance you can claim this injury.

Overexertion

One of the most common work injuries is overexertion and strains, especially if your job forces you to lift heavy objects. Overexertion can cause muscle strains and even as severe as a musculoskeletal disorder.

But can you claim these injuries? It depends on the severity. In cases that aren’t severe, most employers will send you home to rest your muscles. But you can file a lawsuit if overexertion causes a musculoskeletal disorder.

Fire and Explosions

Fire and an explosion is one of the most devastating workplace accidents. This occurs if there are faults in pipe fitting, gas lines, and combustible materials.

Common injuries sustained from fires and explosions include burns, respiratory damage, disfigurement, and in severe cases, death.

You can definitely claim a workers compensation lawsuit for fire and explosions. In addition, if someone in the industrial industry dies, their family can claim this on behalf of their loved one.

Specific Accidents By Profession

If you work in these professions, keep on the lookout for these accidents.

Mining:

Explosives
Heavy machinery

Construction:

Scaffold accidents
Crane accidents
Forklift accidents
Ladder accidents
Injuries from falling objects
Building collapses

Factory accidents:

Vehicle and machinery accidents
Defective equipment
Refinery accidents
Chemical accidents

If you’re a victim of any of these accidents and sustained severe injuries, contact a lawyer to help you file a workers compensation lawsuit.

Hire a Workers Compensation Lawyer for Your Lawsuit

If you work in the industrial industry, you can be a victim of many industrial accidents. If you were already injured and are out of work, file your lawsuit today.

If you’re based in Sedalia, Missouri, contact us for a free consultation.

Who's To Blame? How to Prove Negligence in a Personal Injury Lawsuit

Thu, 06 Jun 2019 00:00:00 GMT

Proving fault or negligence in a personal injury case is the most important step. Here's how to prove negligence so that you can win your case!

In the US, there are over 200,000 personal injury-related deaths every year.
Millions more are injured in such cases that may result from motor vehicle collisions, medical malpractice as well as slip and fall accidents.

Such injuries may at times be purely accidental, but there are times when they result from the negligence of another party.

In such instances, the negligent party is liable to compensate you. However, before you receive any compensation, you must be able to prove your injuries were as a result of negligence.

In this article, we will look at the criteria used to settle such cases and some tips on how to prove negligence.

What Qualifies as Negligence?

From a legal perspective, negligence can be defined as the failure to take reasonable care in a situation where one’s property is expected to come into contact with another person’s property.

When it comes to personal injury claims, negligence must be proven.

For there to be negligence, it must be established that:

• An individual did something that a reasonable person in a similar situation would not do
• A person failed to do something that a reasonable person in similar circumstances would have done

For a negligence claim to be determined, there are four elements that are considered.

• Duty of care
• Breach of duty
• Causation
• Damages

A plaintiff must be able to demonstrate the four elements in order to show that the defendants’ actions or lack of precaution caused their injuries.

Duty of Care

Duty of care is simply an obligation we all have to those around us. It stipulates that we should not injure others or place people in dangerous situations.

By definition, it is quite straightforward. However, in some situations, it is difficult to assess whom the duty of care was owed to and if indeed there was duty, what exactly it entailed.

For instance, businesses need to ensure their customers, and anyone in their premise is safe. This means that reasonable safety steps should be taken and enforced regularly.

Though there are some guidelines as to how this can be achieved, they are very broad. For example, floors must be clean and free of spills, and for stores and supermarkets, dangerous and heavy items should not be placed very high.

However, when assessing the duty of care, the following questions emerge:

• At what frequency should they check for spills?
• At what height will it be considered too high?

This gives you some idea about how complex it is sometimes to prove duty of care.

Breach of Duty

Once it is established that there was a duty of care owed, the next step becomes demonstrating that the person who owed it did not live up to it.

In other words, breach of duty exists when someone creates or allows a dangerous situation to escalate.

Determining whether the duty of care was not sufficiently can be an uphill task. However, it can be easy to prove in situations that are adequately catered for by regulations.

Such instances include exceeding speed limits, drunk driving, or failure to adhere to street lights.

Causation

Proving that the accused had a duty of care that they breached does not necessarily mean that your claims will be validated. At this point, the plaintiff must prove that the injuries sustained were indeed caused by the breach of duty.

For example, if you sustain injuries after falling on a wet floor in the supermarket, you have the grounds for filing a lawsuit.

However, even if a portion of the floor is wet but you slip on the other side of the supermarket where the floor is dry, your injuries cannot be associated with the negligence.

When determining causation, it is also considered if it was within reason for the defendant to foresee that their actions could cause injury.

At times the defendant’s actions may have been the cause of injury but in an unexpected manner. For such instances, there is a possibility that the defendant is not found liable for damages.

Damages

Other than bodily harm, damages refer to the various effects accidents may have. These include damage to property, trauma and emotional distress, medical bills, and also lost income.

Once the other three elements have been proven, the extent and effect of the damages are assessed in order to determine the amount of compensation you will receive.

Tips on How to Prove Negligence

Winning a personal Injury claim is a matter of proving negligence. How you act during the moments following the accident will be very important once you file a personal injury claim .

It is therefore important that you take the right actions like failure to do so will be used against you.

Seek Medical Attention

After an accident, the first priority should be ensuring that you are okay. Get checked and alert the medical practitioner of all the injuries you may have sustained. It is important to reveal everything, even if it seems minor.

Talk to Witnesses

Sometimes accidents may be just that. Before you proceed to make claims of negligence, seek the opinion of the witnesses. Take their contact details if they back your assertions. Their statements will help strengthen your case.

Take pictures

When you finally proceed with your claim, it will be important to have evidence other than eyewitness accounts. Take as many pictures of the scene as possible. Make sure you do so from every angle.

Make a Formal Report

This is especially important for slip and fall accidents. Suppose you trip on a faulty staircase in a mall and hurt your leg.

It is important to alert the building manager of the incident. You should also ensure that they give you an acknowledgment of receipt of the complaint.

Get an Attorney

It is important that you hire a personal injury lawyer to ensure that you get the compensation that you deserve.

Insurance companies deal with such cases on a daily basis. They have departments whose sole aim is to reduce the amount paid out during claims as much as possible.

They will try everything possible to invalidate your claims or cause you to contradict yourself. With a lawyer, you will not have to deal with them directly.

How to Protect Your Claim

Now that you know how to prove negligence, It is important that you avoid practices that can affect your case.

It is essential that you keep off social media during the period of your settlement case. Any posts that may contradict your injury claims could be used to reduce the settlement you receive.

The law office of Rick Koenig is specialized in personal injury claims and ensures clients get fair compensation. Contact us today for a free consultation.

Am I Eligible For Workers Compensation? We'll Help You Find Out

Tue, 23 Apr 2019 00:00:00 GMT

Most individuals who qualify for workers compensation don't realize they do. We unveil everything you need to know to determine if you are eligible.

Did you know there were 2.8 million non-fatal workplace injuries in the US in 2017 alone? Workplace injuries can lead to lost income and financial distress due to medical expenses.

Have you gotten injured while carrying out work duties? You may be eligible for worker's compensation. This is a type of insurance that provides wage replacement and medical benefits for employees injured in the course of their work.

But how do you know if you are eligible for workers compensation? This article will address eligibility for workers compensation. Keep reading to find out!

Are You Eligible for Workers Compensation?

Eligibility increases your chances of filing a successful claim with your employer's insurance. Even if the insurer declines to pay, you can file a lawsuit and hopefully win the case.

How do you know you're eligible for workers compensation after suffering an injury? Below are the main determining factors:

You are an Employee of the Company

Whether you are employed part-time or full time, you have the right to sue for damages if you suffer a workplace injury. You cannot sue a company for workers compensation if you are not an employee at the firm.

Therefore, before beginning assignments in a company, make sure you have a signed contract that proves you as a legal employee. Thoroughly go through your contract to look for hidden clauses which would prevent you from filing a claim after an injury.

However, if you are not an employee of the firm, all is not lost. You can sue for personal injury , especially if your injuries are as a result of the company's negligence. Talk to an attorney so they can help you determine the best course of action.

You Suffered an Injury at the Workplace

To qualify for workers compensation, you have to have incurred the injury either at the premises or while doing company-related tasks. Examples of instances where an employee would be eligible for workers compensation:

You suffered a car accident while running company errands
You slipped and feel in the office while walking over to the printer or copier machine
You fell off a ladder while on-the-job as a roofer
You got injured while operating heavy machinery at work
You suffer carpal tunnel syndrome due to constant gripping and gasping at work

Examples of injuries which wouldn't qualify for compensation include the following:

You got into a car accident while driving or commuting to work in the morning
You twisted your ankle in the restaurant across the street from your office when going for lunch
Injuries which occur at the workplace while you are under the influence of alcohol or other substances

Don't assume that you don't qualify for compensation after an accident. An attorney can help determine whether you can get compensated.

You Have Proof of Injury

You will need to prove you suffered an accident and suffered physical injuries or mental or emotional trauma. Physical injuries call for documents such as medical records, photos of the injury, or pictures of the scene of the accident. You could also get statements from witnesses at the scene of the accident.

Mental and emotional injuries are usually the hardest to prove. However, you are still eligible for compensation. For example, some workplace injuries may trigger post-traumatic stress disorder (PTSD), stress, or depression among other mental injuries.

In this case, you can still seek compensation. However, you need a competent lawyer to prove the trauma is as a result of your work and not any other non-work-related incidences.

Your Employer has Workers Compensation Coverage

After ascertaining your injuries, verify that your employer carries workers compensation insurance. Most states, including Missouri , require all employers to carry workers compensation insurance.

Employers who don't comply with the law risk fines of up to $50,000. However, the following employers in MO don't have to carry the insurance coverage:

Those with less than five employees, except in the construction industry
Sole proprietors
Members of a partnership

If your employer doesn't carry the insurance, you can file a liability claim and get compensated for the injuries.

You Filed for Compensation Within the Stipulated Deadline

You need to file the claim within the legally stipulated times. In MO, you should file your claim within require you to file within two years after the date of injury.

Once the period elapses you will not be able to sue for any compensation. However, if the employer doesn't file the claim with the Division of Labor on time, you have three years from the date of the injury to file the claim.

What to Do After an Injury

The swiftness with which you act after an injury determines the success of your claim. So once you experience an accident at the workplace, do the following:

Seek Medical Help Immediately

As soon as the injury occurs, report it to a health practitioner. Make sure they are accredited health workers to avoid issues with the legality of the medical reports.

Get accurate medical and treatment record as they will be used during the claim process. Also, make sure that the records are well certified and officially stamped where necessary.

Notify Employer So they Can Provide Claim Forms

Make an official report about the injuries to your employer. They will need to capture this report in their official records and give you a claim form to fill for compensation. The employer should also file the claim with the Division of Labor.

Even if your company does not have an employee compensation policy, make an official report of the injury. This way, you can sue for personal injury.

Get a Workers’ Compensation Lawyer

There is a lot of negotiation that goes into a workers compensation claim . Therefore, you need an attorney for professional help. The lawyer will do the following:

Help with filing the claim
Approach the insurer and handle the settlement process
File a lawsuit if the insurance denies your claim
Gather evidence, witness statements, and expert witnesses
Represent you in court

Talk to an attorney immediately after an accident to explore your options in seeking compensation.

File a Claim for Your Workplace Injury Today

Do not be afraid to seek compensation for injuries suffered at the workplace. As long as you are eligible for workers' compensation, your employer's insurer should compensate you.

However, in case there is hesitation from the employer or their insurer, you can hire a lawyer, file a lawsuit, and pursue the matter in court.

Do you need legal help for your workers' compensation claim? We are a qualified law firm that specializes in workplace injury litigation. Contact us today for a consultation.

Had an Accident? Here Are 5 Qualities to Look for In a Personal Injury Lawyer

Thu, 04 Apr 2019 00:00:00 GMT

Having an accident is an unfortunate part of life. To help you get justice, we unveil the top 5 qualities you should look for in a personal injury lawyer.

As people get into a car accident an average of every 18 years or so, you're going to need to talk to a lawyer a few times in your life. While some incidents merely bang up your car, some are more serious than others. If you've been in an incident where you're looking for compensation for medical bills and other expenses, you need to find the right lawyer for your case.

Here are five things to look for in a personal injury lawyer.

1. They Need a Winning Record

When you've been in a car accident, you don't need the first lawyer who comes knocking on your door. You deserve someone who has a good record of getting their clients what they deserve. Rather than settling for someone who can do the work, you should find someone who has a track record of getting major settlements.

Your first step should be to read online reviews. They can ensure that you find someone who is reputable and responsible. Look for details that match a case like yours to know that the person you've found knows how to settle a case like yours.

Ask for references to other cases that they've settled. Again, look for cases like yours that share some of the more important details.

If all else fails, look for reviews online. There should be some on Google, Yelp, Avvo, and other sites where you find information about the lawyer. If the firm has any social media profiles, look for information there too.

2. You Deserve Service

From the moment you first contact the reception desk until you sit down with your legal team, you should be getting fantastic service. You've been through hell and back when you've been in a car accident, so the last thing you need is for someone to be rude to you. Your legal team should be gracious and friendly from the moment you meet them.

They should also be willing to make sure that you have all of your questions answered. The process of filing your claim can be confusing if you've never been in an accident like this before. You'll need to contact both insurance companies and fill out lots of paperwork.

When you talk to either insurance company, you'll find that neither wants to pay out to you very badly. Both will likely want to short change you and make the other responsible for the bulk of your needs.

Your legal team needs to know how to navigate this and to help you from having to stress out about insurance companies. The best way to do this is by giving you careful and comprehensive service.

3. They Need to Walk You Through the Process

Part of good service is the willingness to walk laypeople through the process of filing everything they need to file. There will be lots of things to do in that first week after the accident and time is of the essence.

It's vital that you go out and get seen by a doctor immediately. You need to have photos taken of every injury as well as scans or x-rays. You'll need all of that if you want to file a strong claim.

You'll also need photos of your car, any photos from the incident, and images that show important things about where the accident occurred. If there are any visibility issues, broken lights, or missing street signs, these could all be vital to your case.

Your lawyer will help you gather everything you need together to build a strong case.

4. Ask About Contingency

While many people who get in accidents might not feel like they can afford a lawyer, the truth is that many victims don't have to pay a dime. Most of the best accident lawyers out there will work on contingency . This means that they won't get paid unless you get paid.

Accident lawyers are notorious for this, as they're not going to take on a case they don't already know they can win. If one of these lawyers takes on your case, it means that they're confident that they're going to win you a settlement.

Make sure that you keep good records of your medical fees, lost wages, and any expenses you incur because of the incident. This will allow your lawyer to come up with a number that makes sense for you.

If they don't work on contingency, they might just be out to take your money. A lawyer willing to take money only if you win is one you can trust.

5. Do They Make You Feel Comfortable?

Ultimately, your lawyer needs to make you feel comfortable when you talk to them. You need to feel that they're listening and that they care when you talk. They shouldn't be talking over you or trying to tell you what you should do when it feels wrong to you.

Make sure that you're able to speak openly and honestly to your lawyer. You should be able to ask as many questions as you want and contact them at any time. They should be clear about what they need from you and be willing to help you to understand how to get them the things they need to win the case.

Make sure it feels like you're always working together rather than that you're at the bottom of their priorities.

A Car Accident Requires the Right Lawyer

When you're looking for a personal injury lawyer, you deserve someone who takes your accident seriously. Your health and your happiness should be important to your lawyer and they should be willing to fight for you to get what you deserve.

If your trip to the hospital results in medical malpractice, check out our guide to find out what you need to know for your case.

Can You File a Carpal Tunnel Workers Comp Claim?

Wed, 27 Mar 2019 00:00:00 GMT

What are your rights when it comes to injuries suffered in typical office environments? Can you file a carpal tunnel workers comp claim? Find out now.

Do you dread going to work because of the pain you feel in your wrists? Does every small motion of your fingers cause you to experience searing pain?

While there are many potential causes for wrist and finger pain, one of the most common is carpal tunnel syndrome. About 3% of American adults report chronic, debilitating wrist pain, with senior citizens making up the largest affected demographic.

If you think that your job has given you carpal tunnel, you're probably considering filing a carpal tunnel workers comp claim. We'll help you figure out if you qualify and get you connected to a workers comp lawyer.

What is Carpal Tunnel?

Carpal tunnel syndrome is the name for the swelling and irritation of your body's carpal tunnel, a narrow passageway between the arm and the hand.

The bottom of the carpal tunnel is comprised of bones, while the top hosts a major ligament. The carpal tunnel does not expand past a certain point, and is prone to irritation from repeated motions.

There is also an important nerve called the median nerve that passes through the carpal tunnel. It controls the muscles located at the base of your thumbs and also gives sensation to several of your fingers.

The thing to remember about the carpal tunnel is that it contains nine tendons that work to bend your thumbs and fingers.

Symptoms of Carpal Tunnel

There are several health conditions that may contribute to carpal tunnel including pregnancy, diabetes, and heredity. Some people have smaller carpal tunnels than others, which means that they are more prone to inflammation.

There are some red flags for carpal tunnel syndrome including numbness and tingling in the hands and fingers, clumsiness, and pain that shoots up your arm.

If you think that you may have carpal tunnel, it's important to write down when you first noticed the injury.

When you file a workers comp claim, you may need to prove that your injury was caused by the stress of repetitive motion at your job.

Typically, you'll have between 30 and 45 days to let your employer know that you've been injured. If you wait any longer, you may not be able to receive workers comp benefits.

High-Risk Occupations for Carpal Tunnel Injuries

There are several ways to acquire a carpal tunnel injury, and some jobs are higher risk than others.

If you work in an office, for example, you probably use a computer for several hours per day. If you don't have an ergonomic keyboard, you could get carpal tunnel from typing and using your mouse.

Other high-risk occupations include cooking in a restaurant setting and working at textile mills or slaughterhouses.

Long haul truck driving also makes the list, as do styling hair and computer programming. Sewing and cashiering are also considered high-risk occupations for carpal tunnel syndrome.

In general, jobs that require repetitive hand motions are more likely to give you carpal tunnel.

Filing a Carpal Tunnel Workers Comp Claim

If you've been injured on the job, you'll need to file a workers compensation claim and go to the doctor. The doctor can help you find pain relief and, perhaps, surgical options for your condition.

If you wait too long to go to the doctor, your carpal tunnel could progress into irreparable nerve damage . If you've experienced numbness for more than a week, you should definitely go to see a doctor.

When you're filing a carpal tunnel workers compensation, you should always tell your employer. Follow your job's rules about reporting injuries and create a written report as soon as possible.

The next step in getting carpal tunnel workers compensation is to make your claim in a timely fashion. Depending on the state you live in, you may have 30 days or less to claim workers comp.

Don't get pressured into returning to work right away. You'll need a doctor to assess what kind of workload you can cope with. You may need to go through physical therapy before they'll approve your return to work.

What is Burden of Proof?

Another mistake that people often make is not getting a lawyer. If you have an injury, the last thing you'll want to do is to deal with endless paperwork and administrative delays.

Your company's insurance provider may try to pressure you into making a statement about your injuries. Don't talk to anyone about your case without a lawyer present.

The insurance company may require burden of proof, which means that they want to make sure your carpal tunnel wasn't caused by a hobby or by another medical condition.

Before you fill out any paperwork, talk to a lawyer with workers comp experience. If your job is threatening to fire you or offering to give you a lower-paying, part-time job, tell your lawyer immediately.

You may be able to get reimbursed for part of your lost wages, medical bills, and medication and therapy expenses. Even if you're an independent contractor, you may be able to file a workers compensation claim for repetitive motion injuries.

Finding the Right Attorney

As you get started on filing a carpal tunnel workers comp claim, it's vital to find a lawyer you can trust.

If you don't know who to talk to, ask your family and colleagues for referrals. Look for a lawyer who doesn't ask for any payment up front. If you win your case, that's when they'll accept payment.

Another thing to look for in a lawyer is their level of customer service. You may have to adhere to strict deadlines in a workers comp case and you'll need to find a firm that returns your calls in a timely fashion.

Our in-house attorney has more than 30 years of experience helping people like you file personal injury and workers compensation claims.

We rely on our honesty, work ethic, and passion for the law to serve hundreds of clients each year.

For a free consultation, you can give us a call or tell us about your case online. We're looking forward to meeting with you.

Personal Injury Case Study: Your Complete Guide to Medical Malpractice Suits

Fri, 08 Mar 2019 00:00:00 GMT

How do you file a medical malpractice suit? How long will it take? We answer all of your malpractice questions.

Between formal education, residency programs, and specialty fellowships, becoming a medical professional in the US can take anywhere from 11 to 19 years.

Even with all that training, doctors can still make costly and damaging mistakes. In fact, medical errors claim more than 250,000 lives every year .

But when you've been injured or your condition made worse by a medical professional, there is recourse. A medical malpractice lawsuit can help you seek the compensation you deserve.

Keep reading to learn more about what's involved in suing a doctor for malpractice.

What Is Medical Malpractice?

Medical malpractice is a legal claim against a medical professional. This claim can be brought against a doctor who was negligent in providing a reasonable standard of care. However, that negligence has to have led to some degree of harm or injury.

There are a number of situation that can lead to you suing a doctor. For a medical malpractice lawsuit, these typically fall under 3 categories. We'll discuss each in more detail below.

Improper Treatment

One of the more common forms of malpractice is improper treatment, which can refer to two things.

First, it refers to a doctor choosing and administering a treatment that other competent doctors with similar training and under similar circumstances would not. Second, this type of malpractice refers to when a doctor uses the correct treatment but administers it incorrectly and causes harm.

Failure to Diagnose

Another type of malpractice is when a doctor misdiagnoses a patient and that leads to harm or worsening of the condition. Part of this type of medical malpractice is showing that another doctor with similar training and under similar circumstances would have made a different diagnosis. If that other diagnosis would have led to a better outcome for the patient, then that is malpractice.

Informing the Patient of Risks

Failing to warn a patient of the known risks is another common type of malpractice. The duty of informed consent means that your doctor has to warn you of the risks of any kind of treatment. If they don't properly inform you and you're injured by a treatment that you would have otherwise opted out of, this is considered malpractice.

Proving Medical Malpractice

Proving malpractice and successfully suing a doctor is not an easy task. While the rules and special requirements vary from state to state, there are typically four items you need to prove in order to prove medical practice.

Doctor-Patient Relationship

This is typically the easiest part of a medical malpractice suit. It means you must show that there was a physician-patient relationship with the doctor you're bringing the lawsuit against.

You must show that you hired the doctor and the doctor agreed to be hired. All that means is that a doctor saw you and treated you. There doesn't need to be any kind of formal agreement.

Negligence

This is also known as the medical standard of care. Many malpractice lawsuits hinge on this aspect of proof.

To prove the doctor was negligent, you have to show that another competent doctor with the same training and under similar circumstances would not have treated you in the same way that led to your injury. You'll have to prove that your doctor, in comparison to another doctor, did not provide reasonably skillful and careful treatment.

In many states, proving reasonable and skillful care involves bringing in an expert witness. This witness will explain what reasonably skillful and careful would generally mean in the same situation. They'll also have to explain how your doctor didn't act in that way.

Negligence Caused the Injury

Another important aspect of proof is showing that the doctor's negligence led to your injury. This is another difficult thing to prove when you're suing a doctor.

Considering most plaintiffs in a medical malpractice suit were injured or in ill-health prior to the treatment, it's hard to show that the harm you've suffered is the result of treatment and not the natural progression of your condition. For this aspect of proof, an expert witness is usually required.

Injury Led to Damages

Finally, you'll have to connect your injuries to specific damages when suing for malpractice. Some of the more common types of damages that patients sue for are mental anguish, lost wages, physical pain, and additional medical bills.

Special Requirements of Medical Malpractice

A malpractice lawsuit has some special requirement that you should be aware of. Read more about each of these below.

Expert Testimony

Expert witnesses are usually doctors and other medical professionals. As mentioned above, most states require expert testimony to prove negligence and to prove that negligence caused your injury. There are very few cases that don't require expert witnesses.

Review Boards

In many states, you'll be required to submit your claim to a review board before going to court. The review board will look into the arguments, evidence, and expert testimony. Before even stepping foot into the court, this board determines if you have a genuine malpractice case.

Statute of Limitations

The statute of limitations is the amount of time you have to file your personal injury claim . On a medical malpractice suit, that time limit is relatively short. Meaning you should talk to a lawyer immediately, otherwise, the court can dismiss your case regardless of how strong it may be.

Depending on the state in which you live, you usually have between six months and two years.

Special Notice

Also depending on the state in which you live, you might be required to give notice to the doctor you're suing. This written description of your claim must be provided to the doctor before filing a claim.

Get the Advice You Need

If you've been injured or your condition worsened as a result of a doctor's treatment, you might have a malpractice lawsuit. But suing a doctor for malpractice is not as straightforward as other personal injury claims. Not only does it have it's own special requirements, proving the malpractice takes professional know-how.

Workplace Retaliation: Know Your Rights After Filing a Worker's Comp Claim

Mon, 25 Feb 2019 00:00:00 GMT

Have you returned to work after an injury and discovered you've been demoted? You may have a workplace retaliation claim, keep reading to discover your rights.

Most people are aware that laws exist to protect employees from harassment and discrimination in the workplace. These same laws also protect employees from retaliation from their employer.

That means your employer cannot retaliate against you for filing for workers compensation. If you suffer an injury on the job, you should receive compensation for your medical bills and lost wages.

And you should expect the support of your employer. If your employer has fired you or treated you unfairly after you've filed workers compensation , you may have a case for employer retaliation.

Are you a victim of workplace retaliation? Know your rights.

Workplace Retaliation

Retaliation occurs when an employer commits a negative action towards one of their employees for engaging in a legally protected activity such as filing for workman's compensation. Retaliation towards an employee could include negative job actions including:

Discipline
Demotion
Salary Deduction
Job reassignment
Firing
Providing an unjustified negative job reference
Making threats
Increasing surveillance

Retaliation can also be subtle and harder to define. Sometimes it's clear that an employer's actions are retaliatory, but in other instances, you must look at the situation.

For example, some employees might not mind a change in job shift, but this could be very difficult for a parent of young children. Federal law prohibits employers from retaliating against employees who report injuries on the job or who file for workman's compensation.

If your employer's adverse action has made working difficult or negative for you, you should contact a worker's compensation attorney to discuss your case.

Is Your Employer Retaliating

Sometimes retaliation may be obvious, but in some situations, it may be harder to prove. If you receive a negative consequence right after you file for workman's compensation , you have good reason to be suspicious.

Not every act of retaliation is direct. It may come in the form of a negative performance review, exclusion from meetings, or removal from a group or project.

When your employer's actions have a negative impact on your employment, it may be retaliatory.

The Prevalence of Retaliation

If you suffered an on-the-job injury, you have the right to pursue workman's compensation benefits. Unfortunately, many employers become angry about having to pay for an employee's injuries.

Some employers resort to illegal actions to punish an employee for filing a worker's compensation claim. Although the number of reported workplace injuries has decreased over the last several years, many experts believe this is due to fear of retaliation.

If you feel you are a victim of retaliation in the workplace , contact a worker's compensation attorney who handles these types of cases to discuss your case.

Why Employers Retaliate

Unfortunately, some employers do not follow the law when it comes to workplace injuries. The response of some is to blame the employee for their injury or challenge their injury claim.

Some employers try to punish the employee for filing a worker's compensation claim. Because of this possibility, employees are often afraid to file for the compensation they deserve.

This type of employer conduct goes against the purpose of workman's compensation. If you are dealing with retaliation on the job, you have rights.

Termination While on Leave

Many employees wonder and worry about whether or not their employer can fire them while they are on worker's compensation leave. There's not a simple yes or no answer to this.

While you can't be fired for filing a workman's compensation claim, it is possible your employer could terminate you while your claim is open. An experienced workman's compensation attorney can assist you if you are facing termination after filing a claim.

Under workman's compensation laws, your employer is required to maintain an employee's job, while their claim is pending, until they recover, or reach "maximum medical improvement."

Maximum medical improvement (MMI) is the point at which your condition is not expected to further improve.

When You Suspect Retaliation

If you think you are experiencing retaliation at work, first, talk to a supervisor or human resources representative about your concerns. Don't hesitate to ask questions.

If your employer cannot offer a solution or explanation, voice your concern that you feel you are experiencing retaliation. Your employer will likely deny this.

If the problem continues, you may need to take your concerns to the Equal Employment Opportunity Commission (EEOC).

Building a Retaliation Case

To prove retaliation, you must show a link between your filing a worker's compensation claim and your employer's retaliation. The more evidence you have, the better.

Document conversations, gather emails, collect past performance reports or any other documents that may support your claim. You want to keep historical data that supports your claim.

For example, if all of your past job evaluations were glowing, and now they are negative, you want documentation that shows it. You want to show that your employer's behavior toward you changed because you filed for worker's compensation.

Consult a Workplace Retaliation Attorney

If you suffered an on-the-job injury, you have the right to pursue workman's compensation to cover medical bills and lost wages. A serious injury can lead to thousands of dollars of medical debt in addition to physical and emotional suffering.

You may feel worried about your job and future employment opportunities. The attorneys of the Law Office of Rick Koenig know how important your employment is to you.

You depend on your income to support yourself, and any threat to your employment is reprehensible. Our attorneys are experienced with retaliation cases and dealing with employers who mistreat injured workers out of spite.

We can talk with you about your case and help you decide on the next steps to take. If you are dealing with workplace retaliation after filing a worker's compensation claim, contact us today to see how we can help you.

Worker's Comp Claims: The Employer Responsibility in a Work Accident

Thu, 07 Feb 2019 00:00:00 GMT

The time that follows a work accident is crucial for the employee and employer. Keep reading to discover what the employer is responsible for.

On average, close to 100 workers die on the job every week in the US. Millions more suffer non-fatal injuries every year.

When an employee suffers a work accident or gets an illness because of their job, they are entitled to receive compensation.

Under the Occupational Safety and Health Administration (OSHA) law, the provision of a safe work environment is among the responsibilities of an employer.

To comply with the OSHA standards, employers should:

Provide a workspace without any hazards
Ensure employees have access to and use safe tools and equipment as well as maintain the equipment
Put in place a system for warning employees of hazards. These could be color codes, posters, labels and signs
Have and regularly update and communicate operating procedures to employees to ensure they follow safety and health requirements
Have a visible post at the workplace informing employees of their rights and responsibilities

Common Workplace Injuries

Depending on the industry and a company’s level of compliance with safety regulations, there are some injuries or illnesses that employees may suffer.

Overextension Injuries

These are by far the most common workplace injuries. They happen as a result of lifting, pushing, pulling, holding or carrying. American businesses incur an annual cost of $15.1 billion due to overextension injuries.

Other common workplace injuries include:

Slip, trip and fall
Vehicle accidents
Repetitive motion injuries
Machine entanglement

Workers should also be compensated for other health risks that are not directly attributed to one particular incident.

For instance, cumulative trauma developed over time from stress injuries or repetitive strain from performing physical tasks over an extended period should be compensated.

Exposure to toxic chemicals can cause lung cancer, heart conditions, digestive issues, etc. Illnesses arising from such exposure qualify as justifiable cause for seeking compensation.

What Should Employers Do When a Work Accident Occurs?

Every employer should be prepared and know how to handle injury-related incidents in the workplace.

There should be pre-existing protocols that guide how such situations are handled.

Any accidents must be taken seriously and followed by a swift response. This is to ensure the employee receives immediate attention and also to protect the company from negligence related lawsuits.

Though employers can put in place measures to reduce the chances of such accidents from happening, it is impossible to take away such risks completely.

They should, therefore, take the following steps when an accident occurs:

Seek Medical Attention

As an employer, it is easy to focus on the damages, financial loss or potential impact to production when an employee is injured.

At times, even the employee's instinct may be to continue working. However, the priority at such a moment is ensuring the employee receives medical attention.

Also if the injury does not appear to be serious, a checkup is essential. If the employee refuses medical care, the shift supervisor should document it and have the employee sign the record.

It is important that the injured employee receives immediate medical attention to prevent any future complications . Also, it will protect the business from medical negligence claims.

File a Report

After medical attention has been discharged, you should consider the implications of the accident to your company. Any injured staff has the right to file a claim, and you are obligated to provide a claim form if requested to.

This should be done within 24 hours. You are also obligated to provide the employee with written information about their rights and the steps they could take.

Report the injury to your worker's compensation insurance company if they decide to make a claim. This is known as the first report of injury or illness.

In addition to filing the report, you should record and collect any information that may be beneficial in case of a lawsuit in the future.

Write down your statement and then take any photos and videos of the place the incident occurred. You should also record witness accounts from other employees.

Cooperate with Worker’s Compensation Attorneys

Assist the workers' compensation attorneys in whichever way possible.

They will likely require all the records about the incident and files on the employee. You should however not disclose this information to anyone else.

Seek clarification from your lawyer if any attorney representing the injured employee contacts you.

Welcome the Employee Back into the Company

Regardless of whether their claim is successful or not, you have the responsibility to welcome injured employees back as soon as they can resume work.

Any attempt to penalize or punish an employee in response to a claim could open the doors to more lawsuits.

However, before you reinstate them, make sure they have been deemed fit to resume work by a medical practitioner. In case their job is unavailable, you are required to offer one that is comparable in responsibility and salary.

Protect Your Company from Future Issues

It is the employer’s responsibility to protect the employees and also the business.

As such, it is important to develop methods of mitigating risks. If you already had a system in place, refresh your employees on the safety precautions.

Employers should also take the following measures to prevent accidents at work:

Screen new hires
Provide the necessary resources
Monitor work environments and conduct regular inspections
Invest in employee training and safety education

These measures will help reduce the risk of accidents occurring but also improve employee preparedness to handle these situations if they arise.

Injuries That Are Not Covered by Worker’s Compensation

There are certain instances where employee s will not be compensated for the injuries they suffer due to misconduct. These include:

Injuries as a result of the influence of illegal drugs or intoxication
Self-inflicted wounds
Accidents that occur when an employee is committing a serious crime or felony
Any injury sustained from a fight the employee

Injuries sustained during violations of company policies are usually not covered. However, some courts may grant compensation if that behavior was condoned or part of the working environment.

Why Is Workers Compensation Insurance Important?

A workers compensation insurance coverage is essential for both the employees and employers. It ensures employees can receive the proper treatment in they are victims of a work accident. On the other hand, employers are protected from lawsuits.

The law office of Rick Koenig is specially equipped and dedicated to assisting victims of personal injury.

It's Trending: Here Are a Few Workers Compensation Trends to Look out for in 2019

Wed, 23 Jan 2019 00:00:00 GMT

Workers Compensation is constantly changing how it forms and how it benefits others. Find out about the latest workers compensation trends here.

How well do you really understand your company's workers compensation policy?

Many of us don't take the time to know the policy until the unfortunate event that we end up needing to use it. And then, we might be surprised by parts of the policy that we overlooked.

This can lead to big mistakes in filing a claim, which can cause your claim to be denied entirely.

Even if you do know your company's policy inside and out, the world of workers compensation is constantly changing. Technology has introduced dozens of new advantages—and challenges—and companies are trying to keep up.

Here are a few workers compensation trends you should be aware of.

Wearable Technology

There's no denying the popularity of wearable technology. Experts expect there to be 140 million smartwatches in use by 2022. Fitness trackers like Fitbit are even more commonplace.

But wearables aren't just for checking text messages and tracking your run.

They can also be used to manage workers compensation cases. Wearables can be used to monitor a patient's overall health throughout treatment, which can catch adverse reactions to medication or sudden turns.

Wearable tech can also be used to prevent potential accidents.

A company-provided smart device might be able to identify conditions that lead to workplace incidents, such as fatigue or overstress.

These devices may also be used to verify workers comp claims.

Telemedicine

Until recently, if you needed to see a doctor, you would need to go visit the doctor in person. And if you're recovering from a workplace injury, you know how difficult it might be to leave the house.

But with advancements in video conferencing technology and wearable tech, you may be able to have a virtual doctor's appointment from the comfort of your own home.

Faster internet speeds and clearer cameraphones have made it easier than ever for a doctor to check on a patient remotely. And if you're wearing a device like a smartwatch, they can even keep track of your vitals in real time.

It's faster and easier than an in-person checkup, and it can give mostly the same results. And because it's faster, it's less expensive, saving your company money.

3D Prosthetics

No one wants to think about the possibilities of losing a limb due to a workplace accident. But unfortunately, it can happen. In 2015, OSHA reported 2,644 amputations due to workplace accidents.

Suffering the loss of a limb carries an enormous burden. On top of the physical and emotional trauma, there's also an enormous financial weight.

A prosthesis can cost as much as $50,000 . Even the cheapest is over $5,000. And even worse, they need to be replaced every few years.

But thanks to advancements in 3D printing, prosthetics don't need to be a fiscal burden. 3D printed prosthetics are significantly cheaper than conventional prosthetics, which makes them invaluable in third-world countries .

Artificial Intelligence

One of the biggest concerns of the worker's compensation industry is fraud prevention. According to the National Insurance Crime Bureau, worker's compensation fraud costs American businesses $30 billion every year .

So it's no wonder that so many companies take such care in reviewing a claim.

But reviewing a workman's comp claim is not a simple feat. There are dozens of factors to consider. On top of this, there can be a high emotional toll as injured workers might feel like they are being accused of fraud.

To help sort through these issues, many companies are turning to AI.

While artificial intelligence once seemed like it only existed in the realm of science fiction, AI is now commonplace. You probably even carry an assistant in your pocket.

Some insurance companies now use AI in a number of ways to gather and assess data in workers compensation cases.

Chatbots can transcribe conversations and use that information to fill out a claim form. Since most people speak more naturally than they write, this can provide more accurate information than the same worker writing down the event.

AI chatbots can also search for signs of lying, such as long pauses and changes in vocal tone. If the bot picks up on verbal queues that might indicate that a person is lying, they can signal a real-life person to follow up with more questions.

But the real benefit is that these chatbots allow insurance companies to process more claims in a shorter time.

Still On The Horizon

While these workers compensation trends are becoming commonplace now, even more advances are still coming.

Some of these advances may even allow injured workers to continue working after a devastating accident.

As human beings, we crave a purpose. After a debilitating accident, many people slip into a depression because they aren't able to do anything productive.

However, a number of medical advances are making ways for people to regain their movement after a disability.

One of these advancements is the LifeHand2 , a cybernetic prosthetic that actually allows users to feel. In 2016, a company called SuitX created an exoskeleton that allows people who are paralyzed to walk again.

While these technologies are still expensive and experimental, as they become more advanced and less expensive, you can expect to see them used in workers compensation cases.

Wrapping Up Workers Compensation Trends

No one wants to think of the possibility that a workplace injury could leave them disabled. But thanks to these workers compensation trends, these types of injuries can be rectified faster and more completely than ever.

In the meantime, if you've suffered a workplace injury and need legal help to make your case, contact us today. We're here to make sure you get the care and compensation that you deserve.

Had a Personal Injury? Here's How to File a Personal Injury Claim

Tue, 08 Jan 2019 00:00:00 GMT

Accidents happen, but you'll want to know how to settle things ASAP. Here's what to do when filing a personal injury claim.

Over 6 million car accidents occur on the roadways of America each year. While the causes of these accidents vary, the damage they can cause is consistent. Not only can a car accident lead to your car being totaled, it can also cause significant bodily injuries as well.

Once the dust from an accident has settled, you will have a few important decisions to make. One of the main things you need to decide is whether or not you want to file a lawsuit against the other party involved in the accident.

Instead of trying to make this decision on your own, you will need to seek out the help of a personal injury lawyer. With their help, you can get the ball rolling on your personal injury claim.

Here are some of the things you need to know about filing a personal injury claim.

A Personal Injury Claim Is Only Possible With Sufficient Evidence

The sudden shock that comes with being in a car accident can make it hard for you to focus. However, you need to try and preserve all of the evidence you can. If you are able to move and get out of the car, you need to start taking pictures.

These pictures need to show the damage done to your car and your body. If at all possible, take pictures of the other car and driver involved in the accident.

Going around and collecting contact information from any witnesses to the accident is also important. The more details and proof you are able to document, the easier you will make it for your lawyer to develop an iron-clad case. Neglecting to invest effort into documenting and collecting evidence may make it hard for you to get the compensation you deserve following an accident.

Seek Out Medical Attention Immediately

The main idea behind a personal injury claim is getting compensation for the injuries and other losses caused by an accident. Adequately documenting the health problems caused by an accident is easy when seeking out treatment from medical professionals. Some people avoid going to the doctor because they think the injuries they sustained in an accident are minor.

There are instances when the injuries a person has will be more internal. Rather than waiting for these problems to get worse, you need to let a doctor diagnose and treat the issues you have.

When getting this type of professional medical treatment, you will be provided with detailed documentation. This documentation will be used by your lawyer to build your case. Without this documentation, getting awarded compensation for your injuries will be difficult.

Allow Law Enforcement to Fill Out an Accident Report

One of the first things you will probably do following an accident is to call the police. Once members of law enforcement arrive, they will begin the process of filling out an accident report.

This report will feature lots of useful information, which is why it is important to get your hands on a copy of it. A police officer will put things like witness statements and who was at fault for the accident in question in their report.

When going in to meet with a lawyer, you need to have this report in hand. Allowing the lawyer to look over it will help you figure out whether or not your case is worth pursuing.

Hiring a Lawyer to Help With this Difficult Process

Unless you have extensive knowledge of the personal injury laws in your state, you will be unable to represent yourself in a case like this. Trying to handle this complicated process alone will lead to a number of mistakes being made that can affect the amount of money you are awarded.

The best way to narrow down the selection of personal injury lawyers in your area is by going in for a few consultations. Taking in all of your documentation to these consultations can help you decide if you want to pursue a lawsuit.

In most cases, lawyers who handle these types of cases work on a contingent basis. This means that unless they get you a settlement, they won’t get paid. Rushing through the lawyer selection process is a bad idea that can cost you a lot of money in the long run.

The Negotiation Phase

The insurance company representing the other driver may want to settle the suit you file out of court. Instead of writing this off immediately, you need to speak with your lawyer. They will be able to advise you on whether or not a settlement is in your best interest.

With the help of a lawyer, you can negotiate with the insurance company. If you or your lawyer aren’t happy with the settlement amount, you can opt to take the case to court.

A personal injury lawyer will know what your injuries are worth. With this knowledge, they can go up against the insurance company and get you a fair settlement.

Staying Off Social Media is Important

If you are like most people, you spend a lot of time on social media platforms like Facebook and Twitter. While these forums are a great way to stay connected to friends and family members, they are the last place you want to talk about your personal injury lawsuit.

If the lawsuit you have filed claims you have severe injuries, the last thing you need to do is post pictures of your performing physical activities. Most lawyers will advise their clients to stay off of social media until their case has been resolved.

Getting a Personal Injury Settlement Takes Time

Some people think they will receive a settlement weeks after making a personal injury claim. The truth is that this process is usually a lengthy one.

Are you looking for help with your personal injury claim? You can contact us now to find out about the legal services we offer.

Can You Reopen a Closed Worker's Comp Case? What You Need to Know

Thu, 27 Dec 2018 00:00:00 GMT

You've settled a claim and now your injury is worse. Can you reopen a closed worker's comp case? Find out here.

Have you ever experienced an injury on the job in Missouri?

If you have, you've likely filed a worker's comp claim against your employer. After settling, you received compensation to cover your medical costs. But what if your injury or work-related illness has only gotten worse over time?

Reopening a settled worker's comp case is common in certain states. But in other states, it's far more difficult to accomplish.

So, can you reopen a closed worker's comp case in Missouri? What are you entitled to after settling? If you haven't already settled, what should you do to prepare the best case?

Read on to find out.

Can You Reopen a Closed Worker's Comp Case?

Settling a worker's compensation case doesn't necessarily mean that it's over for good.

Disabilities, conditions, or injuries can change over time. Those affected find it necessary to change their worker's comp settlements accordingly. But to reopen a case, these changes must usually result from the work-related incident.

In most states, there is a window of time where judges can change the conditions of a settled worker's comp case. But there are qualifications you'll need to meet in order to do so.

Do You Qualify to Reopen Your Case?

In Missouri, worker's comp settlements are usually paid in a full lump sum. The settlement you reach is set even if your condition gets worse over time. Once you agree to this sum, there is typically no changing it.

But there are situations where you may be able to reopen your case.

Your work-related medical condition may be getting worse. It may require further treatment that's more extensive than originally anticipated. The insurance company may agree to keep your medical coverage open as part of the new settlement.

Yet, you may only be able to reopen your case and file these new claims if you're legally able to do so. If you waived your right to file future claims in the settlement, it's going to be difficult to reopen the case.

If you are able to, you'll need to provide evidence that not only proves that your condition has changed. You'll need to prove that the changes in your condition are work-related, as well.

There are other scenarios where you may qualify to reopen a closed worker's comp case, as well.

Other Qualifications

In Missouri, you usually give up your rights to worker's comp benefits after settling. This is especially the case if you agreed to waive your right to future claims related to your condition.

But you may discover new evidence that proves you qualified for these types of benefits. If you didn't waive your right to file future claims, you may be able to present this evidence.

You could reopen a case if there is an error in the court proceeding. There could've been a legal mistake that affected the amount awarded, for example.

You may be able to prove that your employer committed fraud. You may have evidence that the insurance company committed fraud, as well. They may have lied about payroll or about the nature of your work to avoid higher premiums, for example.

How Can You Reopen Your Worker's Comp Case?

Do you believe that you're entitled to reopening an old worker's comp claim?

Reopening your case is not impossible - but it's not easy, either. The only way you can know if you qualify to reopen a case after a settlement is to speak with a lawyer.

A worker's comp lawyer can help you break down the conditions of your settlement. You may not know if you previously waived your right to worker's comp benefits or to reopen the case in the future. You may need further clarification on the legal terminology of your settlement.

Finding a worker's comp lawyer is crucial to reopening your case. You may know someone who was able to reopen a worker's comp case after settlement. Talk to them about how their case proceeded and how their lawyer helped them.

It may be the case that you are in the middle of a worker's comp dispute and have not yet settled. Here are some things to keep in mind should you have to reopen the case in the future.

When Can You File a Worker's Comp Claim?

You may be in the middle of a worker's comp case and have not yet settled.

According to the Missouri Work Comp Act , you have two years to file a claim after an injury takes place. You also have two years to file a claim after the date of your last medical treatment.

If you haven't yet settled, there's no need to reopen the case. But we'll explore some things to keep in mind going forward.

Preparing for the Settlement Process

In most states, the best time to settle a worker's comp case is after a medical condition has improved. Your doctor should have provided something known as an MMI. This stands for maximum medical improvement.

There are no laws in Missouri that dictate when you can settle a worker's comp case. You could technically settle a worker's comp case before receiving an MMI. But this is not recommended.

You should wait until you understand the full extent of your medical condition. That way, you can anticipate the extent of your future medical costs as much as possible. Be sure to discuss the following with your worker's comp lawyer before settling:

Are you being appropriately compensated for lost work time?
What are your ongoing medical needs and medical costs?
Have you received second opinions from doctors?
How much do you still owe in medical bills?
Are you still unable to work because of your injury/illness?

You should also determine how your settlement will affect your benefits. This includes social security, Medicaid, and disability.

How Much Money Will You Receive?

People tend to think that the more treatment you need, the more money you'll receive in a settlement. But this is not always the case.

The value of your settlement will hinge on several factors, including:

How you got injured/fell ill
The extent of your injuries/illness
What you were earning prior to the incident
Your ability to work during and after the injury/illness

The only way to know for certain how much you're entitled is to speak with a worker's comp lawyer.

Need Help Reopening Your Worker's Comp Case?

Not every work-related injury or illness is the same. So, naturally, not every worker's comp settlement is the same, either.

You may be still be wondering, "Can you reopen a closed worker's comp case?" If you still have questions, contact us today!

Is There a Worker's Comp Statute of Limitations for Filing a Claim?

Thu, 06 Dec 2018 00:00:00 GMT

Is there a worker's comp statute of limitations? There sure is. Read on to find out what you need to know about filing your claim in a timely manner.

There were 2.8 million nonfatal work-related injuries and illnesses reported in 2017.

If you are suffering from a work-related injury, you might be wondering about your options.

First things first.

Every legal claim has a statute of limitations for claims to remain valid. This is a legally imposed deadline. For worker's compensation, everything you do immediately after injury is important.

Keep reading to discover the worker's comp statute of limitations and how to make a claim.

What is Worker's Compensation?

Worker's comp is payment for injuries or illnesses sustained while you are on the job. Employers carry worker's comp insurance in the event that an accident happens.

It covers medical costs, lost wages, ongoing care, funeral costs, death benefits, and legal fees.

Common Misconceptions About Workers Comp

There are plenty of reason's people hesitate to file an injury claim . You may have some limiting beliefs about what you can receive. Here are some of them:

Independent Contractors Can't File

There are some exceptions to rule when it comes to independent contractors. These rules vary by state. Check with your state labor board if you feel you have a claim.

There are cases where employers purposely misclassify employees as independent contractors. They do this to avoid taxes and insurance claims. This practice is illegal in most states.

Insurance exists for independent contractor worker's comp claims. Check with your provider if you are a business owner and are unsure of how to classify an employee.

Your Employer Has Your Best Interest in Mind

If you have been with your employer for a long time it's likely you have a great relationship. Don't assume that they will do what's best for you when a claim arises. When money and job security become a factor, you can find yourself at the end of a cold shoulder.

It's Not Worth the Effort

If you were injured at work, claims are worth filing. Even if you are afraid you don't qaulify or your claim is denied. There are measures you can take receive compensation for injury.

You Can Be Fired for Filing a Claim

It is illegal for you to be fired for filing a workers comp claim. However, if you are given a drug test and it comes up positive, an employer can fire you for breach of policy.

Only Treatment is Covered

Worker's comp covers medical transportation, consultations, as well as treatment and lost wages. In some cases, death benefits are paid to the family of the deceased.

How to Apply for Workers Compensation

The first step in filing a claim for worker's compensation is to notify your employer. The amount of time varies by state with anywhere from a few days to a 1-year deadline. Check with your local labor board for specifics.

In Missouri, you have 30 days.

If required, you need to get immediate medical attention.

After informing your employer they should give you some forms to fill out. These forms will be submitted to the insurance agency. Some states require that you also file a claim with the state worker's compensation board.

The next step is the insurance investigation. They are required to inform you of their decision within 2 to 4 weeks. You will start receiving benefits if your claim is approved.

Is There a Worker's Comp Statute of Limitations?

The short answer is yes.

The statute of limitations varies by state . The employee or their family must file within a certain amount of time. It is typical to have up to 1 year to file after the last date of payment.

In Missouri, you have up to 2 years after the date of injury or 1 year after the last payment. The later of the two is your guideline.

Be mindful of the limitations of filing. It is necessary for the employee to first inform their employer of the injury within 30-45 days. Going any longer than this will make it difficult to make a claim.

The best way to inform your employer is in writing. This will serve as proof that the employer had knowledge of the injury.

You can file for workers compensation as soon as you become ill or injured. Waiting too long can negatively impact the chances of your claim being approved.

What if My Claim is Denied?

Your worker's compensation denial letter should contain a reason for the denial. If you disagree with the claim you can file an appeal. Often the denial includes instructions and deadlines for appeals. Each state has a different procedure.

The Missouri state board has a brochure for the appeal process.

Avoid the most critical mistakes people make after a work-related injuries.

Common reasons worker's comp is denied:

Lack of medical treatment - If you are injured at work or become ill, don't try to tough it out. Get medical treatment immediately. You will normally need medical treatment in order to get compensation.

Horseplay - Acting in a way that is dangerous can lead to a denied claim. You may still have a claim if your employer was aware of the behavior and tolerated it

Waiting too long to report an injury or file a claim - Failure to follow deadlines could leave you with a denied claim.

Not work-related - Your claim may be denied if there is not enough evidence that the injury was work-related.

How to Tackle the Court Process

The worker's comp statute of limitations is a looming deadline that must be followed. In some cases, you can still file a claim but it is far easier to do it within the time constraints.

The process of filing and appealing get complicated. Not having someone to advocate for you can result in you losing a legitimate claim. When you are out of work with an injury, bills pile up. Before you know it, you're buried in debt.

Legal representation helps to wade through the legal-speak and red tape. This allows you to get healthy with less stress.

To discover if you can make a claim, call or email us today.

When Should I Hire a Personal Injury Lawyer? 5 Questions to Consider

Tue, 20 Nov 2018 00:00:00 GMT

How do you know when it's time to hire a personal injury lawyer? Check out these 5 questions to consider before hiring an injury lawyer and know what to expect.

Are you thinking about hiring a personal injury lawyer?

If so, you're not alone. There are a little less than 100,000 personal injury lawyers in the United States .

Why are there so many lawyers? It's because there are plenty of cases to go around. Personal injuries impact the lives of millions each year.

No one wants to need a personal injury lawyer. And if you're in a situation where you think you may need one, chances are you want to make sure before you call.

But knowing whether or not you need a personal injury lawyer can be difficult. Lucky for you, this article will tell you what questions you need to ask before contacting one.

Read on to learn more!

1. Do You Have Any Severe Injuries?

Of course, one of the most obvious signs that you need a personal injury attorney is because you have severe injuries. Although they are painful, they may be the key to getting the compensation you deserve.

However, severe injuries aren't enough. You should also be able to prove that it was some else's fault. In personal injury cases, you tend to prove this by showing they had negligence.

Negligence is when someone's negligence of an issue caused you harm. For example, if your employer failed to check the acid levels of a chemical you were using that burned you, the employer was negligent in the situation.

Keep in mind there are other reasons to sue . It just so happens that most personal injury cases fall under negligence.

Now that we understand negligence, let's discuss two types of common injuries: disabilities and temporary injuries.

Disabilities

Disabilities are physical or mental disabilities that tend to last a lifetime. These often include loss of limb or a paralyzation.

If someone's negligence caused you to have a disability, you should absolutely get in contact with a personal injury lawyer. Even if you are unsure, the consequences of a disabling injury are too much not to try.

Temporary Injuries

Temporary injuries are just that: they are injuries that will heal. These tend to be less serious accidents.

That doesn't mean you don't have a case though. A broken arm or burn could still be a reason to contact a personal injury lawyer.

2. Have You Received Worker's Compensation Yet?

If you've had an accident at your job that is your employer's fault, you should receive worker's compensation . This is money your employer gives you in order to compensate for your losses. Usually, this comes with time off too.

The seriousness of your impairment will determine how much money you will receive.

Here's the thing: the company you work for usually won't want to give you the money you deserve. That's money that they could use elsewhere.

On occasion, you have to fight to get your worker's compensation. If you've been trying to get yours and haven't, you should get a personal injury lawyer involved.

Unfortunately, many businesses won't take your claim seriously unless you have a lawyer. This may be your only option.

3. Is Going to Trial an Option for You?

If you think your case will need to go to trial, you need to get a lawyer. Technically, you can represent yourself, but your chances of winning go down dramatically.

Part of this is because judges won't take your cases as seriously unless you have a lawyer. A lawyer on the case gives it a legal stamp of approval to show that the case is legitimate.

Plus, your potential opponents will pay more attention to your case if you have a lawyer. They may not take any of your claims seriously if you represent yourself.

Keep in mind that this doesn't just apply to a trial situation. In any type of meeting about the case, it's best to have a lawyer.

Keep in mind that trials can be long and difficult to navigate without a strong legal know-how. A lawyer will be able to get the best results from the trial while you get back to your life.

4. Do you Know What's Going On?

After an incident that may require a personal injury lawyer, situations can become quite confusing. Even when a case seems cut and dry, there are enough moving parts to be confusing for anyone.

Between insurance companies, business owners, friends, and family, you might just be hearing too many voices to be able to make a sound decision. And many of these people may be telling you opposing viewpoints.

After an incident, it can be quite exhausting to figure out how to readjust to your life. Going back to work and seeing friends again can be a weird transition from recovering.

This can also make it difficult to fully focus on what's at hand with your injury. It may even slow down your recovery efforts.

If you don't feel like you have a full grapple on what's going on in your situation, you may want to consider hiring a personal injury lawyer. They can give you an idea of where your case is going and how it may pan out.

Plus, passing on some of the more difficult matters of your case may make it easier for you to adjust to how your life is now. Even if there hasn't been a major change, learning to get back into the swing of things will be easier with a personal injury lawyer.

Get in Contact with a Personal Injury Lawyer Today

Do you know whether you should get in contact with a personal injury lawyer or not now? Hopefully, this article has given you a few questions to ask yourself about the process.

Of course, keep in mind that speaking to a lawyer can never hurt you or make the situation worse. Odds are that it can be a big help during your difficult time.

Want to get in contact with a personal injury lawyer? Head to our contact page to discuss your options today.

Fighting a Speeding Ticket: Everything You Need to Know

Thu, 08 Nov 2018 00:00:00 GMT

If you get a speeding ticket, there are options. Before you decide your course of action, check out this guide to fighting a speeding ticket.

Every year, police officers issue approximately 41 million speeding tickets. That works out to 78 tickets every minute!

Have you recently received a speeding ticket? Do you think it was unfairly issued? If so, you might be able to fight it.

If you're interested in taking this approach, it's important to understand the amount of work involved.

Below are some guidelines to teach you everything you need to know about fighting a speeding ticket (and winning your case).

Reasons to Fight a Speeding Ticket

Initially, it might seem like a good idea to just go ahead and pay the speed ticket. This is definitely the path of least resistance. But, it comes with some less-than-ideal after-effects, including:

A tainted driving record
Possible suspension of your driver's license
Increases in your car insurance rates

Of course, there's also the cost of the ticket and any associated court fees. This can easily set you back a couple hundred dollars .

Ways to Fight a Speeding Ticket

There are couple different ways you can go about fighting a speeding ticket. Two of the most common approaches are fighting the ticket in court and negotiating a less severe penalty.

Fighting the Ticket in Court

This is the most obvious approach people take when it comes to fighting a speeding ticket. If you decide to fight the ticket in court, a prosecutor will need to prove that you were, in fact, speeding.

Speeding violations can be difficult to beat. But, if you truly believe the ticket was unjustified and you make a good case for yourself, you can avoid having to pay the ticket and keep your driving record clean.

Negotiating a Lesser Penalty

If you are guilty of speeding, you can still fight the ticket by negotiating a lesser penalty.

You can request a mitigation prior to your court hearing to work on negotiating the penalty for your ticket. Some of the most common outcomes of mitigation include:

Paying the ticket (or a portion of it) but not having it affect your record
Taking a driving course to avoid paying the ticket
Having the fine associated with your ticket reduced

A mitigation may also result in you being given extra time to pay your fine.

What to Do the Day You Receive the Ticket

If you're reading this the same day you received your ticket, take these steps to set yourself up for success when the time comes to fight it.

Review Your Rights

It's important to understand your rights as a defendant before you go to court. Some of the rights that you have as a defendant include:

The right to a court trial in front of a judge
The right to an attorney
The right to subpoena documents or witnesses related to your case
The right to cross-examine those who testify against you

You also have the right to remain silent and avoid testifying against yourself.

Visit the DMV

Before you arrive at the courthouse, it's a good idea to take a trip to the DMV. There, you can obtain records that may help you with your case.

This includes your driving record. If you have a clean record and no previous violations, you have a greater chance of having your speeding ticket dismissed.

Hire a Traffic Lawyer

Hiring a traffic lawyer can make the process of fighting a speeding ticket much easier.

With a lawyer on your side, you'll be better able to navigate the process of preparing for and appearing in court.

A lawyer can also be very helpful in the event that you decide to try and negotiate a lesser penalty.

Gather Evidence

You should also make an effort to gather evidence related to your case. Some examples of evidence you can gather include:

Going back to the scene of the citation and making note of important features and traffic controls like lights or signs indicating the speed limit
Submit a request for public records (the vehicle code in the area, for example)
Submit a discovery subpoena to gain information about the radar device used to determine your speed

You may also want to get a record of the police officer who issued the ticket. Look for information on their past cases to see whether they've won or lost others in court.

Tips for a Successful Court Case

If you decide to fight the speeding ticket in court, these tips can help to increase your chances of getting the ticket dismissed.

Gather the Facts

Make sure you have all your information collected and easily accessible. Keep it in a folder or binder so that you know right where it is and can turn to it as needed.

Dress Appropriately

First impressions matter, especially when you're appearing in court.

Dressing appropriately and making sure you're neatly groomed can make a big difference to the judge who decides whether or not your ticket gets dismissed.

Act Appropriately

In addition to the way you dress, the way you behave can also help your case.

Making sure you're sitting up straight and using appropriate body language can have a significant impact as well.

Be polite when speaking to the judge. If you are aggressive or antagonistic, your chances of having your ticket dismissed will most likely go down dramatically.

Show Up Early

The sooner you show up to traffic court, the easier it is for you to get a seat close to the front. The closer you are to the front, the sooner a judge will hear your case.

Need Help Fighting a Speeding Ticket?

As you can see, the process of fighting a speeding ticket can be challenging. But, if you play your cards right, you can win your case and avoid having that ticket on your record.

Do you need help navigating the process of fighting a speeding ticket?

If you live in or around the Sedalia, Missouri area, contact us at the Law Office of Rick Koenig today to learn more about our areas of practice or to schedule a free consultation.

Claim Questions: The Top 10 Personal Injury Questions Answered

Thu, 25 Oct 2018 00:00:00 GMT

The difficulties of law are the last thing you want to deal with after you've suffered an injury.

More than 700,000 people file personal injury cases every year. A payout can ease the burdens of personal injury, but you'll need to navigate the law to do it. That's not always easy when you're dealing with difficult personal circumstances.

Below, we're answering the top 10 personal injury questions to make things simpler.

1. What Is a Personal Injury Case?

A personal injury case is a way of settling a legal dispute where one party may be liable for injuries received by another. For the injured party, it's a way of recouping money lost to medical bills, time off work, and other sundry damages like a reduced quality of life.

Common personal injury cases include road accidents, medical malpractice, and accidents at work . They all share a common theme: that someone is at fault for the accident.

2. Do I Have a Personal Injury Case?

If you've been injured in an accident and believe another party can be held responsible for that injury, you may have a personal injury case. Making a personal injury claim is a way of saying you believe someone to be liable for your losses.

Establishing fault isn't always cut and dry. There are plenty of gray areas. Speaking to a lawyer can help you determine whether you have a personal injury case.

3. What Should I Do If I Think I Have a Case?

The first thing you should do if you think you have a personal injury case is to contact an attorney. They'll be able to give you advice on the next steps and help you bring your claim to the attention of the other party.

If you can't hire an attorney immediately, try to gather all the information you can. Dates, medical records, and statements from law enforcement may all be useful later. The more information you're able to gather, the more likely your case is to succeed.

4. Is There a Time Limit to File?

The time limit you have to file your lawsuit will depend on your jurisdiction. The statute of limitations varies from state to state, so you'll need to check your local laws to find out which applies to you.

In some places, the statute of limitations is as low as one year. In others, it's as high as six. The statute of limitations starts on the day of your accident.

There is one major exception to the statute of limitations. The discovery rule provides for cases where the injury or the cause of the injury isn't immediate and apparent.

5. How Long Does a Personal Injury Case Take?

How long is a piece of string? It would be nice to have a definite answer, but the duration of a personal injury case will depend on the details.

The more complicated the sequence of events and the environment, the longer you can expect things to take. Expect the same if the other party isn't cooperative. It may also take some time to establish where the fault lies if the situation isn't clear-cut.

A case could run as long as a few years, but many tend to be shorter than that. You may also be able to settle out of court with the help of your lawyer.

6. What's a Settlement?

A settlement is an agreed monetary sum the at-fault party pays to avoid the case going to court. There are many reasons for a settlement. Both parties usually agree to a settlement to avoid legal fees and the financial inconvenience of going to court.

Unlike a court case, a settlement doesn't decide fault. It's simply an agreement to drop the case.

7. How Are Settlements Paid Out?

Your attorney will receive your settlements check on your behalf.

Before the defending party pays the settlement, both sides will need to agree on and sign a release. This document may undergo some back-and-forth wrangling, as it sets out the payment terms for the settlement.

8. How Much Will I Get?

The damages attainable from any personal injury case will vary. The nature of your injury, treatment required, and lost wages will all factor into the value of your claim.

You should be able to get a general sense of your claim's value by calculating the expenses you've incurred as a direct result of your injury. A multiplier may also apply based on the nature of your industry.

Your attorney will calculate a reasonable claim for damages. This may be more than the other party is willing to offer in settlement.

9. Will I Have to Go to Court?

If the other party refuses to offer a suitable settlement, then you'll need to go to court to obtain the full amount. The judge will take a look at the case and make a decision.

If you accept a settlement, you won't need to go to court. However, you might receive a smaller payout than the one you're entitled to.

Settlements are usually amicable, but things may get heated if the case goes to court. The defense will work hard to counter the claim and may even countersue.

10. Who Gets the Insurance Check for My Medical Bills?

You'll need to pay your medical bills as normal during a personal injury claim. The other party will be under no obligation to cover your ongoing medical expenses.

However, coming to a settlement or winning a case will mean you receive a damages payment. That payment will reimburse you for medical costs experienced. Chances are that your health insurer will have a right to claim a proportion of your payout ( a "lien ") against the cost of your treatment.

Your Personal Injury Questions Answered

With your personal injury questions answered, it's time to decide whether you have a grounds for a personal injury case. If you're in any doubt, reach out to an attorney to discuss the matter further.

Ready to get started? You can contact us today for advice.

Workers Comp Denied? Why Claims Are Denied and What You Must Do Next

Tue, 09 Oct 2018 00:00:00 GMT

Workers' comp denied? Don't worry you still have options. Read on to discover the reasons behind claim denials and the crucial next steps you must take now.

There's nothing worse than finding out you're not covered for the costs you thought were covered. Medical treatment is as expensive as it's ever been in the modern world.

So what happens when you've been accessing treatment and you got your workers' comp denied? You can feel betrayed, scared, and angry. These are all normal things.

Once the initial reaction has settled, then you need to figure out why it happened and what to do next. We've got both the why and the what next in the article below.

Why Is Workers' Comp Denied?

First of all, it's a business requirement for companies with employees to have workers' compensation insurance. If they don't, they can be fined and penalized by the government.

So, it seems silly that if you try to access this right that you're entitled to, that they can deny it.

Most of the time, it's something you can figure out if you can't fix it. Filing workers' comp claims is a very-time oriented thing . Most denied claims aren't filed in time. Learn more about that below.

1. It Was Filed Late

If you didn't get your workers' compensation paperwork filed in time, there are two people potentially at fault. Either you didn't give the papers to your supervisor, or they didn't send them in quickly enough.

If it was the first one - your fault - there isn't much you can do. An attorney can help you appeal the case, especially if it was an honest mistake or your employer didn't provide clear instructions.

If it was your supervisor being slow, then you most definitely have a case to appeal. You had all your ducks in a row and they didn't, so that's not your fault.

2. You Weren't an Employee

If you weren't employed for very long after the injury happened, then your employer can claim it wasn't work-related. As unfair as it seems, they have the right to dispute the timing of your injury.

And there's a reason for that. A very small majority of people will file false claims to work the system. If your employer has been burned before, they'll be more suspicious.

However - if you were an employee at the time it happened and you can prove it - that's a legal case you can win!

3. You Were Messing Around

It happens. Sometimes work gets boring and you do things that you shouldn't. That includes being under the influence of alcohol or drugs at the time of your injury.

If the injury resulted from misconduct, your employer can keep you from receiving comp. They cover injuries that happen under the scope of your job - not those that you chose to do that day.

Misconduct cases are hard to prove, which usually puts the case on your side. Unless there's evidence or you have a history of messing around during work hours. Talk to an attorney to be sure.

4. The Wrong Doctor

If you went to get checked out after the injury and it wasn't with an approved doctor, then it's like misfiling the case. Workers' compensation insurance is a very detailed thing and there are only certain medical clinics in your plan.

Was there a reason you didn't seek treatment from the pre-chosen doctors? Maybe you were out of town or your boss wasn't answering your phone when you needed immediate treatment.

That's something you'll need to speak with your boss and your lawyer about.

Part of the employer's duties is to display a workers' compensation poster in a prominent place. If they didn't do that, then it's not your fault you didn't know who to see.

Your employer could face fines and you should appeal the case.

5. You Have a Pre-Existing Condition

Not in the way that politicians talk about pre-existing conditions . You can still get coverage for on-site injuries if you have a health issue coming in.

But, you'll have to prove that your injury on the job wasn't due to that condition. For example, if you have a bad shoulder and know you shouldn't lift above # pounds, but you do, that's not your employer's fault.

It's your duty to tell your employer about any pre-existing conditions. They are required to accommodate you and make sure they don't force you to do work that will get you hurt.

If an injury does happen and it involves your pre-existing condition, talk to your doctor and your boss about it. You could still get some workers' compensation coverage, but prepare to jump through some hoops.

What Next?

Was your workers' comp denied? The first step is to figure out why. Which of the reasons above sound most relevant to your case?

If none of them does, then it may be a fluke in the system and you can appeal the decision. Most of the time, claims are denied for the same general reasons.

But we're not saying your case couldn't have been deemed unique.

Once you've figured out the reason, or if you want help figuring it, call a personal injury lawyer. They can help you retrace your workers' comp related steps and figure out what went wrong.

Appeal the Claim

You and your lawyer will work together to put together an appeal, You'll have to argue it with your state's governing board.

That's why it's so important to have a well-established attorney on your side. As long as you're telling the truth and have gotten your case in order - you have a good chance of receiving benefits after being workers comp denied.

So what are you waiting for? We will talk you through your potential case before we take it on. All you have to do is ask .

5 Important Things to Do After a Slip and Fall Accident (and 5 Mistakes to Avoid)

Thu, 27 Sep 2018 00:00:00 GMT

If you've been in a slip and fall accident, what you do next can impact the rest of your life. Here are 5 important things to do and 5 mistakes to avoid.

You're on the floor and in serious pain.

Maybe you've tripped over a naked electrical wire at work . Perhaps you've slipped and fallen on a slippery bathroom floor at a hotel. Or maybe you've fallen and gotten injured at a grocery store.

Whatever the case, getting injured after a slip and fall is not something you ever anticipate. When it happens, you might be confused and scared. Even though you want to put things right, you might have no idea of where to start.

The things you do after sustaining a slip and fall injury can affect your chances of getting fair compensation for your loss. Knowing what to do in such a case can help you recover your loss and protect yourself.

Here are five things you need to do, as well as five mistakes to avoid following a slip and fall accident.

5 Things to Do When a Slip and Fall Occurs

Your actions immediately after a slip and fall incident, both at the site and soon after you've had medical attention can significantly impact your insurance claim or slip and fall lawsuit.

Here's what you need to do when you're involved in a slip and fall accident.

1. Seek Medical Treatment

Your own health-or that of your family member-should be your top priority after a slip and fall. If you've been injured, it's crucial to seek medical attention so that a doctor can properly document your injuries.

Those medical records are going to be a key part of your evidence should you opt to pursue damages for your injuries.

2. Report the Accident

Regardless of where the slip and fall accident occurs-on a sidewalk, in a store, at a friend's home, or in the bathroom-be sure to report it to the owner, landlord, or manager.

Don't forget to get the written details of the accident. Ask the owner, landlord, or manager to write a report and ask for a copy before leaving.

3. Gather Information from Witnesses

If anybody witnessed your slip and fall accident, be sure to get their information immediately. Then call them and get their version of events on record. Do this as soon as you can.

A witness can quickly forget about the accident-the sooner you get their statement, the more credible it could be.

If the statement backs up your claim about the property owner's laxity, you could use that statement during the claims recovery process.

4. Take Pictures of the Scene

A picture's worth a thousand words, as they say. And perhaps it's worth even more in the courtroom.

You can testify about the conditions that caused your slip and fall but unless you've got video or photo evidence , it'll be your word against theirs.

5. Collect as Much Evidence as Possible at the Scene

This can be particularly useful when you need to file your claim. Write down the testimony and names of any witnesses, where the accident occurred, time and date, as well as any important details like the following:

Cause of accident
Any injuries sustained
Where you were at the time of the accident
Signs of negligence (like missing wet floor warning)

If you sustained serious injuries, get treated and don't worry about collecting evidence. If possible, ask someone else, e.g. a friend, to help you out.

5 Mistakes to Avoid Following a Slip and Fall Accident

If you were injured on another person's property, a personal injury attorney will help you get compensation for your losses-so long as you don't make any mistake that harms your case down the road.

Here are 5 mistakes you need to avoid after a slip and fall accident.

1. Don't Forget to Report the Incident

After slip and fall incidents, many people are ashamed and will want to get out of the scene right away. Rather than do that, be sure to report the incident to the relevant person. In addition, get a copy of the accident report from the manager.

2. Don't Forget to Talk to Any Witnesses

If there's anyone in the scene, then they're your best hope of getting compensation for your accident. Write down the names and addresses of people who witnessed your fall, and share this information with your personal injury attorney.

This will help the attorney draw up a strategy and bring in people who can back up your case. If you've got no witnesses, then it's pretty much your word against the other party's.

3. Don't Endure Pain

If you're seriously hurt, summon paramedics. If you've got a slight pain, it's still best to get a medical examination at the hospital. If you'd rather not go to the hospital, please see your primary care doctor immediately.

4. Don't Skip Physical Therapy Sessions or Doctor's Appointments

The insurance provider will be keeping tabs on everything you do after your slip and fall incident so they can show you're not as seriously hurt as you claim. If you skip your appointments or flout your doctor's orders, they could use this to reduce your claim amount.

5. Don't Fail to Gather Evidence

It's vital to gather evidence as soon as possible when it comes to slip and fall cases. Once you leave the scene, the manager or property owner is likely to fix the hazardous conditions that caused your fall.

That's why you need to record videos or take pictures of the conditions that caused your accident. For instance, if you slipped on a greasy floor at a hotel, make sure to take clear pictures of that.

Don't Lose Your Slip and Fall Claim

What you do following a slip and fall incident is vitally important to receiving fair compensation for your claim. From seeking medical attention immediately to identifying witnesses to taking photos, most of these actions involve gathering evidence that supports your story.

If you're hurt in a slip and fall accident and need the assistance of a personal injury lawyer, speak to the legal experts at the Law Office of Rick Koenig.

7 Critical Mistakes That Can Jeopardize Your Workman's Comp Claim

Thu, 13 Sep 2018 00:00:00 GMT

Have you been injured on the job?

It is estimated that there are 7 to 11 million work injuries every year.

If you are injured on the job, then you are entitled to compensation. However, as with all legal matters, you must make sure that you approach your claim in a manner that will not jeopardize your case.

In order to make your case indisputable, there are guidelines you must follow. Here is a list of seven things that you must not do if you want to ensure that your workman's comp claim is not jeopardized.

1. Fail To Report Your Injury

Reporting your injury is the most important step you need to make in order to officially make your employer aware that you have suffered an injury on the job. Write a report about the incidents that led to your injury as soon as possible.

If you are too incapacitated to do this then you can dictate the incidents that occurred to someone, let them type it for you and then attach your signature.

Sometimes companies have policies about how to report an injury. Follow these guidelines as closely as possible. Finally, make a copy of your report and give it your direct supervisor.

2. Not Making Claims On Time

There is an expiration date on how long you have to make a claim after your injury. Depending on where you live it may be thirty days or less. That means that speed is important.

Even though you need to move quickly, do not take shortcuts. You want to make sure that you fill out the claim form accurately. Not being timely can cause you to lose your benefits altogether, but not filling out the claim form correctly will result in delays in your claim.

Delayed claims are especially problematic in cases where you have rising medical bills or a family that needs financial support.

3. Failing To Give All The Details To Doctors

Your medical records are of great importance. Your benefits will be based on them.

This means you should not hold anything back when you visit your health care provider or the company's doctor. Make sure you give a detailed account of your injuries and how they are affecting your health and your life in general.

If there is a dispute about your claims, your word will not have as much weight as the certified medical reports from your doctors, so let them know everything.

Since your doctor's report can make or break your case, it is wise to keep all your appointments as well as follow up appointments.

If therapy or rehabilitation is recommended then do not hesitate to do these, since not complying can damage your case.

4. Returning To Work Too Quickly

When you are getting workers compensation your employer's insurance company is the one who feels the pressure. If you have a prolonged illness but are still able to do light work, then the insurance company may try to pressure your employer to give you some work for lesser pay to defer the insurer's cost.

Before you agree to this, you should get a thorough description of the job and have the company doctor and your doctor do an evaluation of your health. The evaluation will determine whether or not you are well enough to carry out the duties outlined in the job description.

There have been cases where the company doctor and personal physicians disagree. If the company doctor finds that you can return to work but your doctor disagrees, you can file an appeal.

5. Taking The Wrong Disability Rating

When you are assessed as being capable of working, you will get a permanent partial disability rating . Pay attention to your rating since this will determine the final worker's compensation payout that you get.

Do not accept any rating that does not put you back at the same level of pay that you had before you received your injury. You can always appeal this rating so do not feel intimidated to settle for a bad rating.

6. Don't Get Caught On Tape

If you are asked by your employer's insurer to give a statement about your injury on tape, then you should refuse to do so. On a whole, it is best not to be taped saying anything about the case or your injuries especially if you do not have a lawyer present. Written statements are enough.

Do not agree to release any medical records that are not directly related to your injury. If you are asked to do this, it may be a ploy to find out if you had sustained any recent injury that could have made your current situation more severe.

It may also be a way to find out if you were on medication that could have contributed to your injury. The bottom line is your employer's insurers may want to find out if you were negligent and if there was any way for you to avoid injury .

7. Failing To Seek Legal Help For Your Workman's Comp Claim

You should seek out legal representation whenever possible. When you have an injury, the last thing you should be worrying about are the ins and outs of the legal system.

You should instead focus on your recovery. A good workers compensation lawyer usually does not take payment until you have gotten a settlement, so you can almost always afford a lawyer.

You need someone to ensure that your claim is sent in on time and that your claim forms are filled out correctly. This will help you to avoid delays in your payment. Having legal representation also makes it less likely that you will be taken advantage of during this whole process.

Final Thoughts

Getting an injury while on the job is never easy. In addition to the pain and suffering you experience, you may find yourself having to worry about how you will pay for medical bills and take care of your family.

This is why you need to make a workman's comp claim. A workers compensation claim will ensure that you get all the necessary compensation to pay your medical bills and take care of your family while you are incapacitated.

To ensure that your claim is processed in a timely manner and that your claim forms are correctly filled out, it is best to seek legal representation. When you have legal representation, you can focus on getting better while your attorney does the hard work of getting your case settled.

If you would like more information on workers compensation or wish to get representation, please contact us - we can help you to get the settlement you deserve.

A Look at Compensation Options: How Much Your Personal Injury Case Could Be Worth

Mon, 27 Aug 2018 00:00:00 GMT

When it comes to figuring out how much a personal injury case could be worth, there's a few things to consider. Learn more about compensation options here!

You've suffered an injury and you're wondering how much your settlement is worth. You've come to the right place.

Determining how much money you can get from personal injury case depends on a wide range of factors. Not only does it depend on the treatment you received, but whether you're temporarily or permanently disabled as a result of the injury.

The amount you might receive can also depend on if you were at fault in any way. This can affect a personal injury claim heavily, so it is important that you are transparent when it comes to your involvement.

In this article, we'll go over what you can reasonably expect from a personal injury claim.

Determining Who Was At Fault in A Personal Injury Case

Your case will ultimately hinge on who was at fault for your injury. If you are determined to have played a big role in it, you will not likely receive a large settlement or one at all.

For example, if you are attempting to acquire compensation for being hit by a car, you may not receive any if you are found at fault. If you were walking when you did not have the right of way, or you were not at a crosswalk, you may not receive any benefits.

Similarly, if you were biking the wrong way down a road, you will not likely receive anything if you sustained an injury.

This is the same cause of action in workplace injury cases.

If you were operating heavy equipment improperly, you will not likely be compensated for your injuries. However, if your workplace neglected to keep the equipment up-to-date or provide you with the proper training, they may be held liable.

Medical Treatment

If you are not at fault for your injury, your settlement will typically include your medical treatment. This will include the bills for any time spent in the hospital, as well as any subsequent bills. For example, if you must have a home health aide and go to physical therapy twice a week for two years after the accident, this cost will be included in your settlement.

Your medical treatment, as long as it relates to the accident, will be covered for years to come if your injury requires it.

Your settlement package can also include home repairs or modifications because of your medical condition. For example, if you are temporarily in a wheelchair as a result of your injury, your settlement package may cover the modifications you need to make the home livable.

The settlement will cover medication and other tools necessary to make your life livable again.

Loss of Property

Losing property is another part of the settlement package that your lawyer will calculate when attempting to recover a settlement. If your car was completely totaled during the accident, you may receive money for a new one in your package.

If your house was somehow damaged in the accident, you can receive compensation for that. Your bicycle or any other item damaged during the accident will also be part of the settlement.

Loss of Income

Your personal injury settlement may also include the loss of your income. This doesn't just mean the money you lost while you were in the hospital or at home, but your potential for earning.

If you worked at a job that pays $45,000 a year, you will likely receive compensation for the exact number of days you missed while recovering. However, if you are never able to return to work, you may receive the amount of money you would have made at your job over your lifetime. Your lawyer may calculate this in terms of the amount of money they predict you should have earned during that time period.

Mental Health and Emotional Distress

Many people suffer from PTSD (post-traumatic stress disorder) or other problems as a result of accidents. If this is the case for you, you may need to seek mental health assistance. As this is not free, you will more than likely receive money in your settlement package to cover this.

This will include every visit to your therapist, any inpatient stays to help you cope with anxiety and stress and any medication you may have begun to take as a result of mental stress.

Loss of Consortium

Loss of consortium means that you and your family are entitled to money if the injury has affected your relationship with your spouse. This is especially true if the injury has damaged your sex life. If this is the case, you may receive an award for this particular hardship.

In some states, this benefit extends to your children. If you are unable to be a proper parent due to your injuries, you may also receive some kind of compensation for this.

Pain and Suffering

Distinct from medical treatments, you may receive an award for pain and suffering. This means that you will receive money for the physical pain the injury has caused and may continue, to cause you.

Your lawyer will most often set this award and decide how much money you should receive as compensation. You lawyer will base calculations on things like how long your injury has caused you pain and suffering.

Who Calculates My Settlement?

Typically, several experts work together to create an estimate of what you deserve. This may include the work of doctors, medical experts, economists, and rehabilitation specialists.

Sometimes, the other party's insurance will offer you a settlement. If you do not think it is fair, contact a personal injury lawyer . He or she will help you receive a fair sum.

How Do I Know My Sum is Fair?

A personal injury lawyer will work with your specific personal injury case to ensure that you receive as much money as you are owed. This may be more or less than you were expecting or hoping for. However, a lawyer is your best bet for receiving a fair sum.

For more information on personal injury law and how much you could receive, visit our website .

How Worker's Compensation Works: Everything You Need to Know

Fri, 10 Aug 2018 00:00:00 GMT

Injured at work but not quite sure exactly how worker's compensation works? Luckily for you, we have the inside scoop on everything you need to know!

Every day, 12,300 workers are injured on the job. In one year, that figure amounts to over 4 million.

The Occupational Health and Safety Act states that all employees have a right to a safe workplace. As part of your safety, most employers are required to provide workers compensation to employees.

If you've sustained an injury or illness due to your job, you might be entitled to benefits. Knowing how worker's compensation works is the first step to ensuring that you receive the financial help you need while you recover.

If you or a loved one has been injured on the job, keep reading to find out more about your rights and entitlements.

What is Worker's Compensation?

Almost every state requires that employers provide an insurance program that protects workers injured on the job. Although different across states and not needed in Texas, this insurance can be through private insurance, the state, or self-insurance.

The purpose of worker's compensation is to provide financial assistance when workers are unable to perform their job and collect wages. It gives employees an opportunity to recover without having to consider financial liabilities.

Worker's compensation covers injuries and illness that arise from employer or employee carelessness. Workers compensation usually cover the following:

Injuries sustained on the job, including injuries caused by work, such as repetitive motion injuries
The loss of limbs
Illnesses resulting from the job
Medical treatment
Rehabilitation
Lost wages
Wrongful death

Worker's compensation also provides liability insurance to company's who are sued by employees who are injured on the job.

Who Does Worker's Compensation Cover?

To be eligible to receive worker's compensation, you must prove that you sustained your injuries while at work. If you get sick as a result of doing your job, you're also covered. Worker's compensation covers employees.

But worker's compensation doesn't cover all types of employees. Worker's compensation doesn't generally cover the following workers:

Business owners
Volunteers
Independent contractors
Employees in private homes
Agricultural workers
Railroad employees
Casual workers
Maritime employees

Also, worker's compensation doesn't automatically cover injury and illness. To receive benefits, you should know how worker's compensation works.

How Worker's Compensation Works

Just because you've sustained an injury or illness at work doesn't mean you automatically receive benefits. There are steps you need to take to make sure you receive what you're entitled to.

Reporting Injuries and Illness

If you're injured or ill as a result of your job, the first thing you should do is report it. When your doctor confirms that your injury or illness is a direct result of work, report to your HR department, supervisor, or the department responsible for worker's compensation.

After you've reported your injury, you should be provided an incident report. Fill this out as accurately as possible and ask for a copy for your records. Also, note that an insurance adjuster should be giving you a call once you've reported the injury.

If you don't receive an incident report or a phone call, follow up with your company.

Seeing the Right Medical Provider

If your employer works with a preferred doctor for workplace injuries, you must visit that particular hospital or clinic for treatment. It's possible that your employer may be exempt from providing payment for your visit if you don't go to the right place.

Filling Out the Medical Paperwork Correctly

When receiving treatment for an injury or illness as a result of work, always ensure that this is noted on your medical paperwork. There should be a box that asks if the injury happened at work.

By doing so, the bill for your treatment will be sent directly to your worker's compensation or employer.

Whenever you're filling out medical paperwork having to do with a workplace injury or illness, be as detailed as possible. List the circumstances of your injury as well as every part of your body that's affected. If you fail to list an affected area, worker's compensation won't pay you for it.

Knowing Your Rights

If your employer doesn't have worker's compensation for their employees, they aren't exempt from having to cover the costs of injuries and illnesses related to work. Most employers are required to pay at least the lost wages for employees injured in a workplace accident.

Some employers may tell you that you're not covered by worker's compensation when the injury was your fault. Worker's compensation is no-fault insurance. You're entitled to coverage regardless of who caused the accident.

With that said, if there is horseplay or drugs/alcohol involved, you're most likely not covered by insurance. In order to receive benefits, you may have to pass a drug test.

If an employer tells you that you're classified as an independent contractor because you've filled out a 1099 form and therefore aren't entitled to coverage, they'd be wrong. Unless you meet the guidelines for an independent contractor, the 1099 form doesn't absolve your employer of providing coverage. They could face tax penalties if the state or IRS finds out they've misclassified employees this way.

If you're unsure about your rights or what your employer should be covering, find the worker's compensation for your state and ask for their assistance.

What You're Entitled To

Your injury doesn't have to be an emergency or incidental accident to be covered by worker's compensation. If over a long period, you develop an injury or illness as a result of work, you're entitled to coverage. For example, back problems and injuries related to repetitive movements are covered by worker's compensation.

It's important to note that if you do collect worker's compensation, you're no longer able to sue your employer for your injury or illness.

How You Get Paid

Your state sets the amount you're entitled to receive. It's determined by the permanency and seriousness of your injury according to your doctor.

If you feel you've received less than what you deserved, consider contacting a personal injury lawyer . They can help you with complex claims and denials of coverage. They may also help you get more than what you were originally given.

Are You Injured or Ill as a Result of Your Job?

If you've sustained an injury or illness from work, you're likely entitled to insurance coverage. Most employers are required to provide insurance coverage for employees. This helps them cover their expenses while they recover from their injury.

Knowing how worker's compensation works is an essential part of receiving your benefits. But if you've been denied coverage or received less than what you need to recover properly, you should contact a personal injury lawyer.

We can help you get what you deserve. Contact us today to find out more information.

7 Crucial Steps Bicyclists Should Take After Getting Hit By a Car

Thu, 26 Jul 2018 00:00:00 GMT

Bicyclists are always at risk for getting hit by a car. If you're involved in an incident, what are the steps you need to take to protect yourself? Read this article to know exactly what you need to do if you're in this situation.

Almost 70% of hit-and-run car crash fatalities in 2017 were pedestrians and cyclists. This number rises each year, as distracted driving is the cause of more accidents and deaths. The risk of getting hit by a car is increasing too.

Safety experts hope these fatality statistics serve as a wake-up call. Though bike trails are expanding, drivers often watch for cars, not bicycles. All should know the steps to take when we are in an accident.

But, many don't. Cyclists are some of the most vulnerable on the road, and getting clipped by a car can render serious injury.

Before you or someone you know gets on a bike, know what to do after getting hit by a car.

The Most Common Reasons Drivers Hit Cyclists

Keeping in mind that drivers are watching for car traffic, not bicycles. So these are common reasons they hit cyclists:

Misjudging distance between you and their car
Making a U-turn in front of you
Creeping into bike lanes to avoid traffic jams
Driving through crosswalks with bicyclists present
Failure to stop before making a right turn
Failure to yield to right-of-way

Keep in mind that the law counts a bicycle as it does any other vehicle on the road. They have no less a right of way than cars.

Do Not Leave the Scene After Getting Hit by a Car

Sometimes the injuries from an accident do not present right away. Many times symptoms of whiplash, for example, get worse in the following days.

The same is true when a driver knocks a cyclist to the ground, or worse. Some victims believe they have minor injuries, only to suffer intense pain later.

Move to Safety and Call the Police

Wait for law enforcement to make a report, and do not let the driver leave. If you are able, take pictures of the scene and any damages. If there are witnesses, get their contact information.

If the police suggest you get an ambulance, do it. Those who do not follow this important step have no recourse. This, as not-so-obvious injuries, appear later.

Get Medical Attention

If an ambulance is not necessary, make sure to see a physician. Injuries which include fractures and soft tissue damage are not visible. And they may need corrective measures.

Rehabilitation may be necessary. There may be weeks of medical attention ahead, and you don't want to be on your own to pay for them.

The driver's insurance policy includes payment for your medical treatments. Your treatment may exceed their policy limits. In this case, you may have recourse to get more money.

Learn Your Probability of Recovery

Immediate help with injuries is vital, but make sure you ask about long-term needs, too. In some cases, physicians may give only the best guess. But some injuries can prompt more definitive information.

Broken bones, fractures, or those needing surgery have a step-by-step prognosis. Your doctor can outline them for you.

Your recovery may take weeks or months. If you lose time from work or other activities, you should be aware of this early on. This way, you can make a plan for such things as short-term disability or other compensation.

Call the Driver's Insurance Company

The driver may not file a claim, so it is vital for you to do this. Reporting the incident does not take much time, and this is what you will provide:

Date of accident
Driver's information
Your contact information
Police report if available
Pictures if available
Witness contact information

The claims professional will gather as much information as possible for two reasons: they need to assign fault and determine coverage amounts.

Chances are, they'll want you to give them a statement as soon as possible. They will also need the driver's account.

At this step, it's essential to provide the facts, but nothing else.

Do Not Make Lengthy Statements

Claims professionals will often get a statement from the driver. They will interview victims, witnesses, and read police reports.

In their urgency to close the claim, they will want to check the blocks as soon as possible. If you are the victim in an accident, they will contact you after speaking with the other individuals.

In some cases, recordings of the interviews are necessary. Often, they suspect there will be litigation. Keep in mind insurance companies are in business to pay as little as possible.

And they have general counsel to ensure they protect their rights. Before you agree to make any statements on record, check with legal counsel .

You may have no idea the evidence they have, and this puts you in a vulnerable position.

Call an Attorney

One of the most confounding elements of an insurance policy is that it's a legal contract. Most have a hard time understanding their coverage, much less someone else's.

It is a binding document, and few know their rights when limits are at question. For example, coverage for pain and suffering is only available through litigation.

An attorney can provide the services necessary to guard a victim's rights. In most cases, a fair settlement will prevent a trial.

Accident victims without representation may have little chance of getting what's fair, and little knowledge on what a reasonable amount would be.

We Make It Easier

After getting hit by a car, dealing with an insurance claim takes patience. Anyone dealing with injuries knows life isn't the same.

Pain takes a toll on victims and their families, too. We can take charge of a claim and deal with the insurance company.

Then, victims can work on getting better. Contact us here .

5 Essential Tips for Filing a Workers Compensation Claim

Tue, 10 Jul 2018 00:00:00 GMT

Were you injured on the job? You might be eligible for workers compensation. Read this article to learn the steps you need to take to file a workers compensation claim.

2.9 million nonfatal workplace injuries occurred in 2016.

While this number is lower than what it has been in previous years, it's still significant.

The good news is that many individuals who have sustained a work-related injury are entitled to workers compensation.

Workers compensation gives eligible injured employees the financial and medical assistance they need to recover. Most corporations are required to have a workers compensation insurance policy, particularly for high-risk industries.

Many people are intimidated when it comes to filing a workers compensation claim. However, the process can be relatively straightforward if you keep the following essential tips in mind.

Read on for insight!

1. Report Your Injury to Your Employer Immediately

This is one of the most important things to keep in mind when it comes to filing a workers compensation claim. Most workers comp insurance policies require employees to report their injury within 90 days of experiencing it.

Naturally, there may be exceptions. For example, you may notice a medical condition that has been growing for some time due to workplace exposure, such as a lung condition, a respiratory issue, or skin cancer.

Whatever the case, as soon as you notice symptoms of a condition or injury and identify its cause as work-related, report to your employer.

This report does not have to be formal at first. Reach out to your employer via a means that can be easily documented, such as email. If you do speak with your employer in person, follow up with an email outlining relevant details.

When communicating with your employer, be as specific as possible. The more information you can provide about the incident, the better. This will streamline the claim filing process and boost your odds of having your claim approved.

2. Seek and Document Medical Attention

It is vital to seek necessary medical attention as soon as possible. You may even need to do this before you report the injury to your employer, depending on the severity of your injury.

However, it is worth noting that you must seek medical attention from a provider within your employer's insurance network. You can identify providers by contacting them directly or consulting your employer.

Document all medical attention you do receive and hold onto any receipts, documents, and other paperwork related to your injury. This is going to be important for filing the actual claim.

You may also wish to keep a personal record of your symptoms and injuries in the form of a formal diary. These notes can help supplement the documentation you provide for your claim.

3. Request the Appropriate Documents for Filing a Claim

There can be a lot of documents when it comes to filing a workers compensation claim. For this reason, be informed about what documents you need before your employer sends them to you.

Most employers will be on top of it when it comes to handling a claim. Nonetheless, it's important to follow up regularly to ensure that you have all you need to file a proper claim.

The documents you need will depend on the state in which you work and reside. They will also depend on the employer's insurance provider.

In general, however, you will need the appropriate documents for filing a claim through the insurance provider itself. You will also need a form that enables you to report your injury to your state's workers compensation board (potentially).

In addition to these forms, you may have to submit documents related to your injury itself, such as medical documentation for initial treatment.

Be sure to keep both paper and digital copies of all of these documents. Communicate actively with your employer to ensure that you are following proper procedure.

4. Know Your Benefits

A lot of employees aren't aware of the workers' compensation benefits they are entitled to. Benefits will depend on the insurance policy your employer has in place, as well as the state in which you reside and the extent of your injury.

Your employer should have detailed information that outlines what you are entitled to in terms of compensation. Ask for this information right away so that you know what your medical coverage is going to look like.

Your employer should also have details about what returning to work will look like and how soon you'll be able to do so. Your employer should also inform you about what your general rights are as an employee for this specific company.

You may also wish to contact the insurance provider for clarification about certain benefits, even before you hear back about your claim. Remember that the more you are informed, the easier it will be to recover from your injury and receive the support you need.

5. Consult a Lawyer

At the end of the day, navigating a workers compensation claim can be overwhelming and difficult. Depending on the insurance provider, you may also find yourself wading through documents and waiting for extended periods of time to hear about your claim.

For this reason, consulting legal aid may be your best option. A workers' compensation attorney can help you file your claim effectively and ensure that you get access to the medical attention and financial assistance you deserve.

Lawyers can also make sure that you are following all state-related guidelines, as these will change from border to border. Your attorney can also be at your side if your claim is denied for any reason.

Final Thoughts: Tips for Filing a Workers Compensation Claim

Filing a workers compensation claim can be a difficult and emotional process. However, keeping these essential tips in mind can make sure that it is overall rewarding.

Be sure to seek medical attention immediately and document your treatment, as well as your symptoms. Report your injury to your employer within ninety days of sustaining the injury itself, or as soon as you notice symptoms.

Gather all relevant documents, being sure to check with your state's workers' comp board to make sure you're filing the right ones. Communicate with your employer throughout the process so that you know what you are entitled to.

All in all, consulting a lawyer will give you the peace of mind you need for navigating a workplace injury. At the Law Office of Rick Koenig, we care deeply about all of our clients and pride ourselves on our ability to help you get the aid you need.

Start a conversation to learn more now!

Everything You Need to Know to Win Your Personal Injury Lawsuit

Wed, 20 Jun 2018 00:00:00 GMT

If you are injured by another person's negligence, you might have a case for a personal injury lawsuit. Use our guide to learn all you need to know to win your personal injury lawsuit and get the compensation you deserve.

An accident is scary. Car crashes, work accidents, someone else's negligence - none of it is your fault. Fault or not, it can change your life dramatically.

Get a sense of control back, at least financially, with a personal injury lawsuit. Even if you don't press charges, you can get compensation for medical costs, your lost time, and suffering.

That is if you win. A good attorney is the best way to win your personal injury lawsuit. The tips below won't hurt either.

Read on!

How to Win Your Personal Injury Lawsuit

Every case is different and no list of tips will assure you get the settlement you deserve. However, you can put your best foot forward in a trial or settlement proceeding with the tips below.

1. Seek Medical Attention

Even if you don't feel hurt, you need to see a doctor. They can examine you for small fractures, subtle injuries or changes in alignment.

This examination is crucial if symptoms arise after the accident. If you don't get examined after the event, you can't prove correlation.

If you do get hurt, this assessment appointment determines the rest of your treatment.

2. Communicate Any and All Symptoms

This goes along with point number one. There are innumerable ways you can get hurt by an accident. Tingling, strange sensations, or even a sense that something isn't right are all relevant.

Keep a symptoms journal or list on your phone. Note anything out of the ordinary. Your healthcare provider would rather tell you something isn't a big deal than miss a symptom.

Do your best to describe the pain to your doctor. Is it an ache? Or a sharp shooting pain? Your doctor needs to know.

A doctor will never laugh at you or think you're being dramatic for being cautious with your health! This journal will serve as good evidence in your legal case as well.

3. Keep Your Attorney In The Loop

Your lawyer doesn't need to know every time you go to the doctor, what tests they run, and how the service was. They do need to know the route of treatment, estimated costs, and how long your injury will affect your life.

After your initial examination, you should give your attorney a full report of your medical condition. If anything gets worse or they find further complications, they need to know.

4. Open a Tab

Most of us are lucky enough to have health insurance that covers appointments after an accident. However, co-pays and the days you have to take off work can add up.

Keep a notebook (and the billing statements) of how much your accident-related medical treatments cost you.

This will help you determine your ask of the party at fault. It'll make things easy on their insurance agent, their lawyer, and yours!

5. Take Pictures

Photograph your injury! There's a reason police take pictures when people are abused, it gives the court evidence.

Try to take pictures at as many angles as possible. Take pictures of the injuries as they heal. Keep these in a folder with copies of your x-rays or any other medical imaging.

6. Keep a Folder

This may seem self-explanatory, but the stress of your accident can make you overwhelmed. To make sure you have everything you need, keep all papers, receipts, and paperwork in one folder or bag.

If you get a bill or a letter about your injuries, it goes in the folder. Same with all of your legal paperwork. Keep the bag at home and in a safe place. If you want to go the extra mile, make a list of everything in the folder.

That way if your attorney asks for something, you'll know if you have it or need a copy!

7. Keep Time in Mind

Every state as a legal time deadline for filing a claim. You can't have an accident in 2013 and file for damages in 2015. Each state's laws are different, but it's normally around a year.

There is a clause, in some states, called the "discovery rule" that gets around that. If you had an accident in 2013 and didn't discover health issues until 2015, you can file for this extension.

Your doctor will need to agree that the accident was the probable source and you'll need to talk about it with a lawyer.

8. Pick the Right Attorney

This is the most important part of this list, other than seeing a doctor immediately. You need to pick a lawyer who has a record of helping people in personal injury cases.

Don't trust tv ads or things you hear on the radio, the best proof of their success? In the pudding or the history of their cases, in this case.

When you meet with them to see if they're a good fit, ask about the recent cases they're proud of. What was the last case they lost? What percentage of the initial ask do their clients settle with?

An honest, kind, and reputable lawyer will answer all of these questions. If you have a current attorney, ask them for a recommendation. You want a specialist, for a personal injury case, not someone who will "figure it out".

Lastly, make sure you like them. You don't have to be best friends with your attorney, but you should like their company.

The Trial or Mediation

No matter what happens with your case, keep a calm head. Nothing comes from getting upset and making rash decisions or statements. If you're nervous about the process, your attorney can walk you through what to expect.

The best way to win your personal injury lawsuit is to get medical help, stay organized, and work with someone you trust.

Everything else is up to the judge.

Speaking of judges, our attorneys work with them frequently to get the right settlement in a personal injury case. Learn more about our firm here , then set up a consultation today.

5 Things to Do if You Are Injured at Work

Tue, 05 Jun 2018 00:00:00 GMT

The first 24 hours after you are injured at work are crucial. There are certain things you should do to make sure that your employer can respond to your injury appropriately.

Workplace injuries are steadily declining , but there are still millions of people who get hurt on the job each year.

Whether negligence, employee error, or an honest mistake caused the injury, many people have no idea what to do if they get hurt while they're working. As a result, they end up not getting fair compensation for their injury.

Were you injured at work? Read on to learn about the five things you must do afterward.

1. Obtain Medical Treatment

The first thing to do if you're injured at work is to seek out first aid or medical care.

If your injury is an emergency, you can see any doctor for your care. However, if it is not urgent, you'll most likely need to see a doctor authorized by the Workers' Compensation Board. Your employer should be able to tell you which doctors to see, or you can check on the board's website.

If you require diagnostic tests or prescription medication, you may need to get them through a specific doctor or network.

Unless someone disputes your case, your employer or your employer's insurance provider should cover the cost.

2. Report the Injury

It's important to report your injury to your supervisor as quickly as possible. If you don't report the injury within 30 days of the accident, you may end up forfeiting your workers' compensation benefits.

Delayed injury reporting is also very expensive. In fact, one study found that it can increase compensation claim costs by up to 51 percent !

3. Complete a Workers' Compensation Claim

You'll also need to complete a workers' compensation claim and mail it to the nearest Workers' Compensation Board office. File this claim as soon as possible after your injury or disablement to receive the benefits you're owed.

4. Consider Hiring a Personal Injury Attorney

In some cases, you may also want to consider hiring a personal injury attorney . An attorney's services are not always necessary, but there are times when legal aid is useful for making sure you receive fair compensation.

A personal injury attorney can help with any of the following situations:

Your injury is someone else's fault: If you think someone else was negligent and caused your injury, an attorney can help you prove your claim.
Your injury is severe. Did your injury cause you pain, affect your day-to-day life for an extended period of time, or cause you to require extended medical treatment? You may need an attorney's help to cover the costs of your injury.
You're getting calls from your insurance company. If your insurer is asking you to make statements about your injury, call an attorney and let them negotiate on your behalf.
Your employer isn't offering fair compensation. If your employer rejects your claim or refuses to pay after you've proven liability, you'll need an attorney's help.

These situations are frustrating, but having a personal injury attorney on your side can make them much more bearable.

5. Return to Work as Soon as You're Able

Finally, make sure you return to work when cleared by your physician.

Many people make the mistake of failing to return to work. This may be a voluntary loss of income and can cause you to lose future benefits and compensation. Your employer can also fire you on the grounds that you are refusing to work.

It's important to continue showing up for work even if you don't think you can perform the duties your job requires. If you prove to your employer that you can't perform these responsibilities, you can make a new claim showing that that's the case.

Some people have to take a pay cut as a result of not being able to perform the responsibilities their job entails. If the pay cut causes you to earn less than 80 percent of your pre-injury income, you may receive wage loss benefits from your insurance provider.

Common Mistakes People Make After Being Injured at Work

In addition to failing to return to work when they're able, there are some other common mistakes that people make when injured at work. Be sure to avoid these mistakes so that you remain eligible for worker's compensation benefits:

Failing to Disclose Previous Injuries

Failing to disclose previous work injuries can be fraudulent. This can cause you to lose your compensation. You may also have to repay worker's comp benefits that you have already received.

Be transparent at your doctor's office. This is essential even if your past injury has nothing to do with your current injury.

Failing to Disclose the Extent of Your Injuries

It's important to disclose the full extent of your injuries when you go to the doctor. Tell them all your symptoms right off the bat.

If you try to report symptoms later on, it may seem as though you're trying to get more than you're entitled to. This can also be fraudulent.

Failing to Take Photos of the Accident Scene

This is especially important if you can attribute your accident to negligence or an unsafe workstation. It's common for employers to clean up the area where your accident took place to make it seem safer than it actually was.

Take photos of the accident scene as soon as your injury occurs so you have proof of unsafe work practices.

Failing to Put Together a Witness List

It's also important to have a list of witnesses to help substantiate your claim.

Get names, addresses, and phone numbers of anyone who saw or may have witnessed your accident. That way, even if they've moved on and have changed employers by the time your case goes to court, you'll still have a way to get in touch with them.

Have You Suffered From An Injury at Work?

Rick Koenig has been practicing law for over thirty years, dedicating himself to helping his clients receive fair compensation for their injuries.

If you're injured at work and think you need the help of a personal injury attorney, contact the Law Office of Rick Koenig today for a free consultation.

10 Questions You Should Ask to Find the Best Personal Injury Attorney

Thu, 24 May 2018 00:00:00 GMT

When you need to make a personal injury claim, you want to be sure that you have the very best attorney representing you. Make sure you choose wisely by asking these ten important questions to help find the best personal injury attorney for you.

If you have been injured at work or while driving, you may have many questions. How will you earn money if your injury prevents you from working? How will you pay for medical bills? How long will it take to get better?

Some of these questions should be discussed with your family or your doctor.

However, some of the questions you have should be directed to a personal injury attorney. He or she can help you navigate the seemingly overwhelming process of being made whole again after getting hurt.

Don't forget to ask your attorney some important questions , too- before you retain them to help you. You want to make sure you have the best personal injury attorney available for your specific situation: someone who can help you get the compensation you deserve.

Here are ten questions you should ask to find the best personal injury attorney to recover what you may be entitled to after an accident.

1. Where Do You Practice?

One of the first questions you should ask when you are interviewing a personal injury attorney is where they are located. You will probably want an attorney who practices in the state where the injury occurred and where the lawsuit might be filed.

You will definitely need a personal injury attorney who knows the local laws. It's also advisable to hire someone who knows the legal community as well: lawyers who have established a strong local practice are well known to the judiciary.

Hiring someone who is known and respected in the area can be helpful to your case.

2. Are You a Member of the Bar Here?

Make sure your personal injury attorney is a member of the bar where you were injured and plan to sue.

You can hire the most famous Wall Street attorney, but even he will have to work with local counsel to appear before the court if he is not admitted to practice in the state where your claim is based.

Check out the website of any personal injury attorney you consider hiring. They should list the bars of which they are members, and if they do not- find someone else.

3. How Long Have You Been a Personal Injury Attorney?

Your best friend's son may have just graduated law school with honors, but that does not mean you should hire him to represent you.

If you have been injured, you need someone with experience to help you recover the compensation to which you are entitled. Find someone with years of experience under their belt.

4. What Kinds of Cases Do You Usually Work On?

If you were injured in a car accident , make sure you ask the attorney in question whether they have experience in this kind of case.

Personal injury law covers many different scenarios, including dog bites, construction accidents, and slip-and-falls.

You want the lawyer who has a good track record in cases similar to yours.

5. What Kinds of Settlements Have You Negotiated For Your Clients?

Most personal injury cases do not go to trial. A good personal injury attorney will try to settle the case so that his or her client gets compensated as quickly and fairly as possible.

Ask about the attorney's track record. They may have stories of cases similar to yours where they were able to settle for high sums of money on behalf of their clients. They may also have stories of cases where the judge awarded their clients large sums.

The best personal injury attorney will give you references from clients with whom he or she has worked previously.

6. Do You Represent Clients With Workman's Compensation Claims?

If you have been injured on the job, a whole different set of laws applies than if you were injured in a car, at the grocery store, or on public property.

Make sure that if you were injured in your place of employment or while performing your job that the lawyer you are thinking about hiring has experience in this area as well.

7. What Kind of Support Do You Have?

You will not be your lawyer's only client. You will want to know how the lawyer will handle conflicting dates on the calendar. If he is on vacation or in court for someone else, who is looking out for your interests?

Looking at the attorney's website and also meeting in person at their offices will give you a sense of how much internal support they have. You want a lawyer who has a strong support system like paralegals and administrative staff who can keep the business going while he pays attention to your case.

8. How Do You Bill?

Many personal injury attorneys are paid when their clients are paid. They charge what is called a " contingency fee ," meaning they will get a percentage of your award.

Make sure you establish upfront how much your lawyer will charge and whether it will be hourly or based on your settlement. You will also want to know the rates for expenses like travel, filing fees, and copying.

9. How Long Might My Case Take?

The best personal injury attorney will refrain from giving an exact date for the result of your claim. There are too many variables which may arise. It is hard to predict how the other side will react and what legal and other issues may come up.

You may also need to get medical reports, witness testimony and other evidence which can take a long time.

A good personal injury attorney will be honest with you about the length of time the process may take. They should also commit to giving you regular progress reports and to being available to you for questions and other issues which arise as the process continues.

10. What Do You Think About My Case?

You want an honest assessment of your chances before you proceed. You also want an attorney who believes in your story.

You may tell an attorney the facts as you recall them, and they may advise that you should not expect a large settlement (perhaps your own negligence played a part in the accident.) They may even choose to decline to work with you, if they do not see a high likelihood of success and thus payment for their time.

You want a lawyer who is honest with you about your chances. You also want a lawyer who will fight on your behalf. The initial consultation is the time to determine whether they are the right champion for you.

The Best Personal Injury Attorney For You: Committed to Your Case

By asking pointed questions about their background, approach, and opinions on your particular situation, you can find the best personal injury attorney suited to your needs. Do your research so that you can retain someone you trust to work hard and achieve the best possible outcome on your behalf.

For more information about personal injury claims, contact us.

How to Find the Best Workers Compensation Lawyers

Mon, 07 May 2018 00:00:00 GMT

If you are thinking about making a workers compensation claim, you want to make sure you have the very best attorneys. Learn more about what to ask and how to make sure you have the best workers compensation lawyers you can find.

If you have been injured on the job , you deserve justice. And if you're dealing with serious injuries or illnesses, you need to hire an attorney. A skilled, experienced lawyer will be able to get you all the benefits that you are entitled to.

But workers' comp is a complexed and specialized area of the law, so you should find a lawyer that has expertise specifically in this field.

Unfortunately, it can be hard to weed out the true expert attorneys and the ones who aren't as skilled. You might see advertisements for workers' comp lawyers that are stylish and appealing, but they're often all style and no substance.

The things that make up a good, experienced workers' comp attorney cant be portrayed in an ad. This means that it will probably take you a little extra work to find what you're looking for.

That's why we wrote this article, to help you find the best workers compensation lawyers for you.

Ask Around

You should start by asking your friends, colleagues, and family members for recommendations. It's common to find out that the best lawyers out there actually don't advertise their business. This is because they are so confident in their ability to get the job done right that they rely on word-of-mouth to find new customers.

You can also find recommendations at your local state bar associations and legal aid offices.

Use the Internet With Caution

With the rise of the internet, it's normal for people to find any service that they need online. But if you've discovered possible attorneys through an online advertisement or a review site, you need to do more digging.

Make sure you take the time to study the attorney's website in order to see if it puts an emphasis on their expertise in workers' comp.

Also, look for testimonials from other clients and whether or not they seem to have a good track record for success. But if you find one bad review , don't let that count them out entirely. People are more likely to leave reviews in the event of a bad turnout than they are when they're happy.

You shouldn't make this decision entirely off of the internet. But you can still use the internet as a tool to find out the prospective lawyer's level of knowledge, skill, and professionalism.

You're The Employer Here, Interview Them For the Job

Most workers' comp lawyers give out free consults with future clients. In these consultations, they ask a lot of questions and it's important that you answer them.

However, use this as an opportunity to ask just as many. Here are a few ideas for questions to ask a prospective workers' compensation attorney.

How many years have you been handling these claims?
Is your practice devoted to workers' comp?
Will you be with me through the whole process, like administrative hearings and appeals and, if it gets there, in court?
Can I see references?
Will you have assistants working on my case?
Who will I speak to on the phone if I have questions later?
Do you represent employers too?
Do you have certifications?
Can you explain the workers' comp claim process to me?
What are all of your fees?
What are my case's strengths and weaknesses?

These are just some of the questions you should ask all of the workers' comp lawyers you meet with. Write them down and take them with you and write down their answers to consider later.

They Should Treat You with Respect

This first consultation is also a great time to gauge their professionalism and demeanor. Make sure that they answer all of your questions with patience and authority after listening to you properly.

Pay attention to the behavior of the admin assistants, legal assistants, and paralegals that they employ. These are the people you will probably have to deal with on a regular basis, so you want to know that you will be able to talk to them when you need to. If they are rude or dismissive, or if they don't return phone calls, take your business somewhere else.

If your needs aren't being met, there's no point in hiring this attorney. So even if you have to meet with a bunch of lawyers before you make a decision on who you want to represent you in court, it's a small price to pay for such an important job.

An Ongoing Process

As your case continues on, you should hear from your attorney pretty frequently. They should provide you with updates over time on the status of your claim.

If you don't think you hear from your attorney enough, speak up about it. And if the issue doesn't go away, consider finding a new lawyer.

Remember, this is your case. You are employing a lawyer here, they aren't employing you. If at any time you feel as though you aren't being represented competently, you should leave.

The Best Workers Compensation Lawyers

We hope this guide has helped you learn a little bit about finding the best workers compensation lawyers. Being injured on the job is no fun, and the prospect of a lengthy claim just makes it worse. But with the right representation, your workers' comp claim process can be painless and then you can go back to doing what's most important: recovering from your work-related injury.

For more information about workers comp claims, visit us today .

Why You Should Hire a Traffic Lawyer to Fight a Speeding Ticket

Mon, 23 Apr 2018 00:00:00 GMT

Have you recently incurred a speeding ticket that you feel is unjust? Read on to learn why you should hire a traffic lawyer to fight your ticket.

Did you know that 41,000,000 people receive speeding tickets every year? If you're one of them, paying your fine might be tempting. But, paying it is admitting that you committed the offense.

Did you know that your traffic offenses are kept on your record from 3 to 5 years? If your offense is more serious, it might be kept for up to 7 years. Maybe you don't want this ticket to stay on your record.

A traffic lawyer can help you negotiate your offense in court, and advice you about your options.

Want to know why you should hire a lawyer to fight a speeding ticket?

Hiring Your Traffic Lawyer: Where to Start?

Before we get into the reasons why you should hire a lawyer to fight your ticket, we've to go over the consequences of a speeding ticket , and your options when dealing with it.

Yes, it might be easier to pay the fine. Yet, if the ticket translates into your insurance premiums skyrocketing, not mentioning how it stays on your record for years. You might be better off fighting your speeding ticket.

How to Handle a Traffic Offense?

There are several ways to handle a traffic ticket. Now the thing is you've to choose the best option for you. Getting an initial consultation with a traffic attorney can point you in the right direction.

Many lawyers offer the first consult free of charge. Depending on the way you handle your traffic ticket will determine what type of service your lawyer will provide. Here are the four ways how you can handle your speeding ticket:

Not Going to Court

If you decide to pay your ticket is the fastest and easiest way to handle your traffic offense. But, if this isn't your ticket you might've to think about it twice before doing it.

You might be paying a lot more than you would if you had an attorney in your corner. Another thing is that by doing this you may be putting your driving privileges at risk.

Traffic School

Another way to handle your speeding ticket is by telling the judge that you will go to traffic school. This may be requested by your traffic attorney. This option might be a bit expensive because the courses aren't cheap, and you'll also have to pay court fees.

But, going this route may help you keep your insurance premiums from increasing, and prevent your driving point deductions.

Plead in Court: Guilty or No Contest

Many people decide to go this route with their traffic ticket. But, you should know that if you plead guilty to the offense it will go on your record. Also, they'll deduct the driving points.

You could do this in court, or through a traffic lawyer. They can give you a better idea of what are the consequences of pleading guilty, and the effect this offense will have on your record.

Trial Request

Requesting a trial would be the route you'll take if you decide to fight your speeding ticket. Here if the officer who gave you the ticket doesn't come to court, the judge will typically dismiss your case.

But, if the officer appears the trial will go forward. Here you should have an attorney in your corner because traffic trials can be complicated.

You Are Going to Fight Your Ticket: What's Next?

The key is fighting your ticket in a way that it gives you the best chance at getting rid of it. The best way to fight your ticket is by hiring a lawyer.

If you haven't committed a serious offense, or have been charged with several traffic offenses in the last 3 years, you should still consider hiring a traffic lawyer. Here are the main reasons why you should hire a traffic attorney to fight your speeding ticket:

Protecting Your Driving Privileges

If you've had several traffic tickets in the last few years, this last ticket might be the one that can take your driving privileges away. This will depend on where the offense was committed because every state has its own system. But, every time you are charged with a traffic offense, they deduct points from your record.

If you end up with enough negative driving points, your driving privileges might be in danger. An attorney may help you keep your privileges.

Representation at Your Hearings

If you got your ticket while on vacation, or can't take time off from your job a lawyer can represent you in court. This way you won't have to get in trouble at work or pay for an expensive out of state trip.

Another thing is that if you have a lawyer in your corner, they have the expertise on how to handle these hearings. Usually, most lawyers practice at those courts so they know the common practices in that county. This expertise can save you time and money during the process.

Negotiation

We know that traffic tickets are a great source of revenue for the government. Sometimes getting rid of the fine will be very difficult if a lawyer isn't representing you.

If you have an attorney, you'll have a better chance at negotiating the traffic ticket. If they don't get a dismissal, they'll probably get your fine lowered.

An Arrangement of a Plea Bargain

We know that paying the fine is an admission of guilt. The consequences of this admission can be bad for your record. Usually, the best way to handle these traffic offenses is to have a plea bargain arranged.

A lawyer can review your case, and see if there's a way to challenge it. If this isn't possible, they will arrange the best plea bargain option for you.

Avoiding Increase in Your Insurance Premiums

It's common for insurance companies to increase your premium based on your driving record. By hiring a traffic lawyer, they can negotiate your charge for a lesser offense, or get it dismissed. This will help with your record, therefore avoiding any increase in your insurance rates.

Wrapping It Up

There are many ways you can fight your speeding ticket. Yet, the way to give yourself the best outcome, or even get it dismissed is by hiring a traffic lawyer.

The consequences of your speeding ticket out weight the costs of hiring a lawyer. So next time you receive a traffic ticket think about it twice before navigating this process alone.

Want a lawyer who will help you fight your speeding ticket? We can help!

8 Things You Need to Do After a Car Crash

Wed, 04 Apr 2018 00:00:00 GMT

A car crash is one of the most terrifying and costly experiences you may ever have. Here are 8 things you need to do after a crash to legally protect yourself.

The average driver files some sort of an insurance claim relating to a car crash about once every eighteen years .

However, if a recent car accident has left you with a personal injury and sky-high medical bills, you may be in for a serious fight with your insurance companies.

The best way to ensure that you get the settlement that you're entitled to?

Making sure that you know the immediate steps that you should take after an automobile accident. Keeping your wits about you at the scene of an accident is difficult.

Keep on reading this post to make sure you have the information you need to protect yourself before an accident happens in the first place.

Then, we'll tell you where you can find the legal representation who will fight for you.

1. Get to Immediate Safety

After a car crash, we know you're experiencing tons of emotions all at once. It can sometimes be a challenge to understand the steps you should take to keep yourself safe -- which is why being prepared for the worst ahead of time is essential.

First of all, get out of the car as soon as possible.

Remember that, even if you don't spot an immediate issue with your car, like smoking coming from the engine or a strange smell, you still need to get out quickly.

If possible, pull your car over onto the shoulder of the road, and then get at least ten feet away from the vehicle.

Encourage others to do the same.

Then, immediately contact the police if you are able to.

Of course, if you are seriously injured, or spot another serious injury on the scene, get help as soon as possible.

2. Start Taking Photographs

Once you're certain that you're out of harm's way, it's time to pull out your smartphone and start taking pictures of the scene.

Keep in mind that, after a car crash, the other drivers involved may try to flee the scene.

This is why one of the most important things to do is to take a photograph of the makes and models of the other cars involved. If possible, also try to take a photograph of their license plate numbers.

If they begin an altercation with you, threaten you with violence, or take any other kind of aggressive action towards you, start filming them if you feel it's safe.

Then, start taking pictures of the damage done to your vehicle. Snap photographs of the conditions of the road. If you have been injured as a result of the accident, take visual documentation of these injuries if you can.

Above all, resist the urge to upload these photos or videos onto social media.

While you might think that you're strengthening your case by reporting live from the scene, if you go to trial in the future, the other lawyers could end up using the information against you.

No matter what you do, never admit fault -- no matter what really happened.

3. Collect Witness Information

Once you've taken photographs, it's time to start looking around for potential witnesses to the car crash.

Once the officers arrive on the scene, ask these witnesses if they'd be willing to describe what they say to the police. You should also ask the witnesses if they would, if necessary, testify in court on your behalf.

Either way, make sure you collect their contact information so you can get in touch with them again if need be.

You should also ensure that you write down the names and addresses of the other drivers involved in the accident. The same goes for any of the police officers that have arrived on the scene.

This will ensure that, if your case does end up going to court, you'll have as many resources as possible on your side.

4. Call your Insurance Company

We know that it can be challenging to even think about the potential cost of a repair in the moments after a car crash.

However, keep in mind that the sooner you're able to get in touch with your insurance company following a car crash, the faster you'll be able to get your claim settled.

When you contact your insurance company, make sure that you provide them with as much information as you can. Keep track of things like medical bills, receipts from repairs that you had completed on your vehicle, and anything else that you'd like for them to potentially cover.

Remember, sometimes insurance companies can take tough, almost bullying-like actions towards those who have been injured in a car accident or who are looking to have the cost of car repairs covered.

In this case, you might want to consider hiring a legal representative to fight on your behalf.

Not only will they be able to negotiate with your insurance company. If the case ends up going to court, they can help to ensure that you get the highest settlement amount possible.

They can also guard you in the event that the other drivers attempt to blame you for the crash.

Looking for Legal Representation After a Car Crash?

We hope that this post has helped you to understand some of the most important steps you need to protect yourself -- and your legal interests -- after a car crash.

Of course, the lawyer that you hire to represent you in course is the most crucial decision you'll make throughout this process.

Don't settle for second best.

Instead, spend some time on our website to learn more about how our team will work to get you the coverage and the settlement you deserve.

If you've sustained a personal injury and emotional pain and suffering after an accident, get in touch with us today.

We'll protect your interests -- and ensure you aren't held legally or financially responsible for something that wasn't your fault.

When Should You Hire a Personal Injury Attorney?

Thu, 29 Mar 2018 00:00:00 GMT

If you've been injured in an accident, you shouldn't hesitate to call a lawyer. Read on to learn about when you should hire a personal injury attorney.

Over 700,000 personal injury claims are filed in the United States each year. They include accidents caused by motor vehicles, medical mistakes, and unsafe work environments. Injuries from tripping and falling are also among these claims.

Some of the people involved in these lawsuits hire legal counsel. Others choose to represent themselves. This is true even though car-accident settlements are over three times larger for individuals with legal help.

It seems obvious, then, that you should hire a lawyer in these cases. But in fact, if you have a minor injury, or the case is clear-cut, you may not need one.

What are the situations in which you should hire a personal injury attorney? What are the factors leading to that decision? Read on to find out!

Hire A Personal Injury Attorney When Your Injury Was Someone Else's Fault

The first reason for hiring a personal injury attorney is pretty basic but also important. If you were injured and you believe your injury resulted from someone else's negligence, then you should speak with an attorney.

To win a personal injury lawsuit, you need to prove legal fault. In other words, you can't receive compensation simply because you were injured.

Someone else has to be legally liable for your injury, and you have to have enough quality evidence to prove that they are. The sooner you talk to a lawyer, the better.

They will know what evidence you need to win your case, and they will help you collect and maintain it as soon as possible. This is especially important if there is a statute of limitations involved.

Your Injury is Severe

If your injuries are minor and not affecting the way you live, it is unlikely you will pursue a lawsuit. But the following injuries are completely different:

they cause you pain
they affect your day-to-day life for more than a few days
they require extended medical care

In those situations, you would want to speak with an attorney as soon as possible.

This is especially true if you sustained permanent disabilities or need long-term care. Cases like those require expert legal skills as well as thorough knowledge of the medical system.

If you have a debilitating injury resulting from negligence, then you would want your attorney to seek compensation for:

your medical bills
lost wages
pain and suffering
other negative impacts on your life resulting from the accident

It isn't easy to calculate how much your injuries are worth. It's even harder to try to figure out how they will impact your wages or earnings over time. To get the largest compensation possible, you will need an expert personal injury attorney . They can calculate these numbers and go to battle for you.

Your Insurance Company is Calling You

Let's say you were in an accident, you got hurt, and you filed a claim with your insurance company. Everything seems okay until they start calling you.

Representatives begin asking you to make recorded statements and to verify your story. They want to access your medical records and have you sign releases.What's going on here?

In all likelihood, the insurance company believes you have a valid claim. But they are trying to get you either to make statements or provide documents that will undermine your claim. In this way, they can provide you with less compensation or deny it altogether.

If you have filed a claim with your insurance company, and they begin calling you, then you need to contact an attorney. It is important not to provide the insurance company with any information until you have spoken with your attorney.

Better yet, let your personal injury attorney negotiate with the insurance company. They are trained to do so and will act as your advocate.

They're Not Offering You Fair Compensation

As seen above, insurance companies try to find information about you to reject your claim. They play other dirty tricks too, all in an effort to pay out as little money as possible.

Some other tactics that insurance companies use are:

delaying the claims process unreasonably
refusing to pay (even when liability has been proven)
making ridiculously low compensation offers

The average person finds these tactics maddening and disheartening. And rightly so. But a personal injury attorney is familiar with them already. They know how to push through all this red tape so you get the compensation you deserve.

What If It's Partly Your Fault?

Sometimes there are accidents involving many parties. These cases can be quite complicated. They often require expert help.

In some of these cases, there are different groups of individuals involved. No one, however, is sure who is at-fault. Liability is not clear, and claims are going back and forth trying to ascertain who is responsible. If you are involved in a case like this, you want your attorney to make sure you are not held negligible.

There are other kinds of cases with many different claimants. They were all injured in the accident, and compensation will have to be divided up among them. In this instance, your attorney will need to make sure you get your fair share of the settlement.

Finally, it's possible that you are partly, but not completely, responsible for the accident. But since you were also injured, you don't want your settlement offer decreased or taken away completely. Your attorney will have to advocate for you.

Cases like these all require an experienced personal injury attorney. They have to know which arguments to make to ensure you receive your fair compensation. You will also want them to prove the accident was not entirely your fault.

Your Personal Injury Attorney: Conclusion

All the examples above show complex personal injury cases that require an attorney. The average person could not represent themselves in any of these instances. This is especially true if they want to receive the full compensation they deserve.

If you were involved in an accident while at work or because of someone else's negligence, feel free to contact us to discuss a possible case. We don't ask for any fees until you collect your settlement. We would love to speak with you.

What to Do If You've Been Injured on the Job

Wed, 07 Mar 2018 00:00:00 GMT

If you've been injured on the job, you need to check out this article. This is your complete guide on what to do if you've been injured on the job.

Here's a sobering statistic: in 2016, there were nearly three million workplace injuries and illnesses reported by employers in the private sector. Even though the vast majority of workplaces are compliant with safety rules and regulations, accidents do still happen.

It's never pleasant to imagine that these accidents might happen to you. No matter how much care you exercise in your day-to-day performance, you can still be injured on the job . Read our guide so that you know exactly what to do if and when that day comes.

If Necessary, Seek Immediate Medical Attention

The nature and severity of your injury will determine whether or not you need immediate medical care. In some instances, you may only need an ice pack or a bandage from the first-aid kit. Other accidents may require emergency services, ambulances, and hospitalizations.

Do whatever you can to mitigate your pain and stabilize yourself when the accident occurs. Stop any bleeding, bandage any wounds, and take any other steps that may be necessary.

It ought to be obvious that you should stop work, as well, but far too many workers continue to do their job even after an injury. Don't be a hero. Cease whatever you have been doing, sit or lie down, and arrange for transportation to the hospital, doctor's office, or your home.

Alert Your Supervisor

Any time an employee is injured on the job, he or she should alert a supervisor as soon as possible. It's natural to tell them verbally that an accident or injury has occurred, but more important is a written account of what happened.

Some states actually require notification of an injury in writing. Even if yours does not require this, it's still a smart idea. That way, you have begun a paper trail that can help back up your account of what happened, in the event that your workers' compensation claim is denied.

It's also important to report any events to your supervisor so that he or she can take any necessary procedural steps, such as shutting down production, cleaning up the accident site, or filing paperwork.

Get Evaluated Even If No Injuries Are Apparent

Say you fell off a ladder while on the job. You get the wind knocked out of you, and it's likely that you'll have some bruises tomorrow, but otherwise you feel fine. Is it still advisable to get medical treatment?

The answer is a resounding yes. Many physical issues can manifest themselves hours, days, or even weeks after a seemingly inconsequential accident. Whiplash is perhaps the most well-known, but there are plenty of maladies that can develop long after a fall or other accident.

It's essential that you see a healthcare provider for evaluation after experiencing any workplace accident. If your condition doesn't merit going to the emergency department or an urgent care facility, make an appointment with your primary care provider. See your doctor that day, or the next day at the very latest.

File a Workers' Compensation Claim

Some people believe that filing a workers' compensation claim is akin to suing your employer. That simply isn't so. A workers' comp claim is only an insurance claim, and filing one does not indicate animosity toward your company or demonstrate a litigious attitude.

Most states require employers, as well as hospitals and doctors' offices, to have the necessary paperwork on hand. So it is quite probable that they will prompt you to begin the process as you are being treated.

Submit your claim as soon as possible after the incident. Double- and even triple-check it to make sure you have filled out every necessary part of the form, signed it, and dated it. Keep a copy for your own records.

For extra peace of mind, send the employers' copy via certified mail, return receipt requested. That way you can be certain it arrived and was accepted by the employer.

Contact An Attorney Specializing In Compensation Cases

Do you need to hire an attorney after being injured on the job? It depends. It is advisable to consult with one, at the very least. Workers' compensation lawyers will review your case for free , so there's no harm in scheduling a consultation.

If everything is ship-shape, great! If not, however, the attorney will take on your case. Don't worry -- at this stage of the game, you still won't have to pay anything. Any attorney fees will come out of a settlement, should that occur.

What If Your Employer Doesn't Have Workers' Comp Insurance?

There are only a few exceptions to the law that requires employers to have this protection in place. Agricultural employees, domestic employees, and independent contractors may not qualify. If you fall into one of these categories, the state may have a fund that can pay your claim.

If the law requires your employer to have workers' compensation insurance, but they do not, you should contact an attorney. It may be prudent to sue for negligence in this case.

After a Denial of Your Claim

An attorney is a must in this situation. Filing an appeal to the workers' compensation board is possible, but it's also tricky. As such, it's not something that most people feel comfortable handling on their own.

After being injured on the job, you could be facing medical bills, the temporary loss of income, or even a disability that will prevent you from working at all. Workers' compensation insurance is there to help you with your medical care and possible inability to earn money.

With so much at stake, why not have the best possible assistance?

Injured on the Job? Get the Help You Need

Rick Koenig is an experienced and compassionate attorney. Having worked in the legal field of personal injury for over three decades, he understands the intricacies of workers' compensation cases.

If you have any questions about your injury, your workers' compensation claim, or your legal rights, contact Rick Koenig today.

How to Hire the Best Personal Injury Lawyer

Wed, 21 Feb 2018 00:00:00 GMT

When searching for a personal injury lawyer, you don't want to hire just anyone. Here you'll find a guide on how to hire the best personal injury lawyer.

If you or a loved one has been hurt in an auto accident or because of someone else's negligence, you may need a personal injury lawyer . If you are dealing with mounting medical bills and lost wages, you may feel overwhelmed and not sure about to do next.

In this situation, you need someone to help you determine the right steps to take. A reputable personal injury attorney can take a look at your case and determine if you may be eligible for compensation due to your medical bills, pain and suffering, or lost wages.

When searching for a personal injury lawyer, you don't want to hire just anyone. Here you'll find a guide on how to hire the best personal injury lawyer.

Why Hire a Personal Injury Lawyer

It's true that you can file a claim against an insurance company without an attorney. This may be your best bet if your injuries are minor and have time for all the red tape and paperwork involved.

If your injuries are serious, you have a complex case, and that requires a good lawyer to guide you through the legal process. The best personal injury lawyer can fight the big insurance companies and their lawyers too.

You may be feeling overwhelmed, and the last thing you have time for is dealing with an insurance company and their team of lawyers whose number one job is to see you get as little compensation as possible.

Choosing the Best Personal Injury Lawyer

Consider the location of the lawyer. You will want to hire someone who is licensed in the state where your injury occurred. Although many lawyers practice in multiple areas of law, it's best to hire someone who focuses solely on personal injury cases.

You want to choose someone who is known in the community and has an excellent reputation and a proven record of success in these types of cases. You don't want to be someone's first case.

It's best to hire an experienced lawyer with trial experience and a good disciplinary record. You can research online to see whether a lawyer has been suspended or disciplined in some way.

Get Personal Referrals

It's a great idea to ask trusted friends and family for recommendations for the best personal injury lawyer they know of. This is a good way to find a lawyer who has a good reputation and is friendly and compassionate.

But you shouldn't hire a lawyer based on one recommendation. Be sure to do your research before you hire anyone.

Choosing the best personal injury attorney could make a big difference in the damages you could receive. So although you may be in a hurry, be sure to evaluate your choice carefully.

Research Personal Injury Lawyers

These days we go to Google for just about anything - including finding a lawyer. You can research lawyers in your local area who specialize in personal injury cases.

Take a good look at their website. You can usually learn a lot about a lawyer's background and level of experience from their website.

You can see if they specialize in personal injury cases or if they take on other types of cases too. And if you locate someone you may want to hire, check to see if you can find online reviews as well.

If someone feels they have been mistreated by a lawyer, their online review can be very telling. In order to find the best personal injury lawyer for your particular case, you should do your due diligence and feel confident about your choice.

Ask Authority Organizations

It's a good idea to contact the county and state bar association. They can help you learn more about a lawyer than you may be able to online.

They can help you find a reputable lawyer who is in your local area or surrounding area. And don't hesitate to call the law firm directly and ask questions.

If you aren't treated respectfully, you need another law firm. You deserve to be heard and treated with compassion.

Prepare a List of Questions

You should take some time to prepare a list of questions for potential candidates. Afterall, you are looking for the best personal injury lawyer, so you want to make the most of your initial consultation.

You want to ask about the attorney's experience in handling these types of cases and their success record. With some large firms, you might meet with a senior attorney initially, but another less experienced attorney may handle the case.

You want to ask who will handle your case and how will you communicate. Make sure you ask and are satisfied with the fee structure as well.

Most personal injury attorneys operate on a contingency basis, but this can vary. And be sure to ask about any additional fees you could be charged.

Prepare a list of questions that are important to you. Remember that sitting down with a lawyer for a consultation doesn't mean you must hire them.

If you aren't satisfied with the lawyer's answers or they don't seem to be the right fit, find someone else.

Document the Facts About Your Case

You want to be prepared to discuss your case at your initial consultation . You want to give specific details regarding your accident and the injuries you sustained.

You should bring all relevant documents such as any medical records, medical bills, arrest record, and toxicology report. If there are pictures of the accident scene or written witness statements, you want to bring them to show the lawyer.

The more information you have regarding your case, the better. You want the lawyer to be able to evaluate your documentation to gauge your possibility of winning the case.

Choose the Best Candidate

There's a lot to consider when choosing the best personal injury lawyer for your case. A serious injury can be devastating.

You need someone who understands what you're going through and will fight to get the compensation you deserve.

If you have been injured and feel you need a personal injury attorney, we would love to speak with you. Take a look at what we have to offer.

7 Reasons to Hire a Car Accident Lawyer

Fri, 02 Feb 2018 00:00:00 GMT

If you've been injured in a car accident, you should consider hiring a car accident lawyer. Read on for 7 reasons to hire a car accident lawyer.

Each year, 20 to 50 million people suffer an injury in a car accident. Additionally, approximately 1.3 million people die in car accidents annually, which equates to over 3,000 deaths per day in the U.S.

The numbers above are not only shocking, but they are also quite sobering and highlight the importance of driving carefully and avoiding distractions.

Unfortunately, even if you are extremely careful, always obey the "rules of the road" and minimize distractions, you may still be involved in a car accident. If this situation occurs, and it is determined the crash is the fault of someone else, do you know what to do next?

The best course of action is going to be for you to hire a car accident lawyer. Here are seven reasons it is so important to hire legal representation after a car accident.

1. A Car Accident Lawyer Can Help You Achieve Better Results

Is it possible for you to represent yourself after a car accident in a personal injury case?

Yes, you have the legal right to act as your own legal representation, regardless of if you are the defendant or the plaintiff.

However, should you self-represent on a pro se basis?

Probably not.

If you believe someone else is to blame for your car accident, then it makes sense for you to sue that individual. However, there may be other people or entities that are partially at-fault, too.

For example, you may be able to sue a truck driver who was speeding and caused the accident and the municipality where the accident occurred if the roads were in disrepair.

The car accident lawyer you hire can examine all the details of your case and determine what strategy is best.

2. The Lawyer Understands the Time Limits in Car Accident Cases

In several states, there is a statute of limitations in place for filing a claim after being involved in a car accident. Put simply, the statute of limitations is the amount of time you have to bring about legal action, such as filing a lawsuit.

A unique benefit offered by hiring a car accident lawyer is that they will understand what the time limit is and then work with you to ensure all deadlines are met.

Keep in mind, if you exceed the given time limit, then you forfeit your right to file a lawsuit.

3. Your Attorney Can Help You Negotiate a Fair Settlement

There are a large number of personal injury, car accident injury cases that are settled out of the courtroom. This is a preferable outcome for everyone because it is faster, doesn't cost as much and is much less stressful.

Additionally, many companies and individuals want to avoid the negative attention that often goes with a courtroom trial.

However, the decision of whether or not to accept a settlement offer is a tricky one. This is another area were your car accident lawyer can provide help.

The attorney can let you know whether or not you have received a fair settlement offer, or if you deserve more for the injuries and damages you have suffered.

4. The Attorney Will Also be Willing to Go to Trial if Necessary

If you, with the help of your attorney, are unable to negotiate a fair settlement offer with the other party, your attorney will be able to take the case to court to have it decided.

In most cases, this situation occurs if you and your attorney believe you should receive a more significant settlement amount.

Once you have made this decision, with the help of your attorney, they will begin proceedings to take the case to court. Then, the damages awarded will be up to a judge or jury.

5. Ability to Prove Liability in Court

The success of a car accident case is highly dependent on reports from police, witnesses and even doctors who treated your injuries. It is up to you and your car accident lawyer to prove fault (or negligence) in these cases.

An attorney knows the proper steps to gather evidence and build a case that will convince the judge or jury that you deserve compensation for the car accident.

The majority of people who don't work in the law field, won't have the ability or know-how to handle this on their own.

6. Attorneys Handle the Legal Process and Give You Time to Heal

After you suffer an injury in a car accident, your top priority is to heal. Regardless of if you have suffered minor or serious injuries, you need to follow your doctor's orders, take the prescribed medications and spend time getting better.

You will also have to heal emotionally. After any accident or traumatic event -- even fender benders -- you may feel scared and shaken.

While you are taking time to regain your emotional balance, as well as your physical health, the last thing you need to be concerned about is your legal case.

This is when a car accident lawyer's services can be invaluable. The attorney you hire will keep you updated, answer all your questions and handle all the legal proceedings along the way.

7. Car Accident Attorneys Offer No-Cost, No-Obligation Consultations

Before you hire an attorney, you want to make sure you have a case worth pursuing, right? Any quality car accident lawyer is going to provide potential clients with an initial, no-risk, no-fee consultation to review the facts of their case.

At this meeting, you can determine if the attorney is right for your situation and the attorney can answer any questions you have.

Hiring an Attorney Who's Right for Your Case

If you have been involved in a car accident, you may feel vulnerable. You may be unable to work and have medical bills piling up.

Hiring an attorney to help you seek compensation from the responsible party is the smartest thing you can do.

For more information about hiring an attorney, or to set up a free consultation, contact the legal staff at the Rick Koeing Law Office. We can help ensure you receive the representation you need and deserve after a car accident.