The coronavirus outbreak has impacted many areas of our lives, it has also effected the way we and our work as well.
Policies regarding shutdowns non-essential work, social distancing and remote work, have impacted both employers and workers around the world. Some industries, which have been heavily affected by the outbreak and where the risk of exposure is much higher, are now working even more. And it’s only natural that workers in these industries have concerns about their health and the risks they are exposed to at work.
Covid-19 & Workers’ Compensation in Arizona
During these uncertain times, the ICA (Industrial Commission of Arizona has noted that workers who contract the Covid-19 may be able to establish that they contracted the illness at their place of work and thus qualify for a work injury compensation.
With this possibility, employers will be further motivated to minimize the presence of employees at the workplace who display symptoms of Covid-19 or that have been diagnosed with the illness.
Response to workers’ compensation claim is possible. If an employer wants to challenge the claim’s validity, he can do that through the employer report of injury and needs to provide the insurance carrier the necessary information and document which will support the challenge.
Who’s eligible for Workers’ Compensation?
In time of this crisis, when the cause for concern is a quick-spreading virus, the workers that contract the virus are having a very hard time to establish how they contracted the virus and with that uncertainty, they might not qualify for workers’ compensation benefits.
But in cases of public safety workers, it’s presumable that they contract the Coronavirus, or any other serious disease while doing their job and responding to a situation like this epidemic. So naturally, it’s highly likely that their illness is related to their employment. And as such, they are entitled to the workers’ compensation benefits.
But what happens to those workers that aren’t in the public safety profession? Well, at the moment, there’s no presumption for compensability. This is mainly because it would be very hard and difficult to prove the connection between their work and their illness. So they might need to explore other possibilities for compensation.
If you fall into a category of employment which is not related to public safety, and you need legal counsel on what type of compensation benefits you’re eligible for, contact us today and let us help you.
Auto insurance is not just a legal formality and requirement. It’s also a very important aspect in protecting your financial stability and health.
Before picking an auto insurance company, you need to know what type of insurance is there, what coverage they offer and what will happen to your premium if you get into a car accident. And in case you were in an auto accident, it’s important to know what to say and not to say to your auto insurance company. These things can have a big effect on your insurance claim.
What auto insurance coverage do you need?
There are a number of auto insurance forms and not all of them are mandatory. Some are even voluntary. For example, auto insurance in Arizona includes:
- A minimum of $15,000 per person OR a $30,000 per accident in bodily injury
- A minimum of $10,000 in property damage coverage
This sounds pretty generous and reasonable. Except when you find yourself in an accident where the damages are much higher. This can impact your financial health, because you will have to pay for the extra costs out of your own pocket. So that’s why we highly recommend that you maintain higher level of protection with your auto insurance so that you are sure that you have sufficient coverage. These voluntary coverages include:
UIM or Uninsured or Underinsured Motorist coverage – If you’re in a car accident and the person responsible flees the scene, or is underinsured or uninsured, you will be left without any recourse unless you have an UIM.
Comprehensive coverage – This type of coverage is great if you want to protect yourself against damages from vandalism or car theft, basically from things that are out of your control.
In order to make sure that both you and your loved ones are insured, locate your auto insurance policy, look it over and if necessary, increase your coverage.
Speaking with an insurance agency after the accident
When you get into an accident, you need to contact your auto insurance company in order to report it. The other driver’s insurance company might also contact you. Communicating with both insurance companies is crucial, because one misstatement can make your insurance claim invalid and will dramatically reduce the amount of coverage you can receive. That’s why it’s important that you limit your communication with the auto insurance companies in very specific ways:
Communicate only about facts – You need to understand that the goal of every auto insurance company is to settle the case for as little as possible. That’s the job of the insurance adjuster. Insurance adjuster are representing the insurance company, so no matter how pleasant they sound, keep in mind that they are not representing your best interest. So when you communicate with an insurance adjuster, speak only about facts, without providing ANY opinion, evaluation or to admit anything.
Admitting fault – Often will insurance companies claim that you were the person at fault. If they try do to that, just say nothing. You can’t really know whether you were the one at fault or not, without being fully aware of all the aspects of the accident. For example, you don’t know if the other driver was under any influence, distracted, violating some other law etc. These are all important things required to determine who is at fault.
Calls with insurance companies – When you’re on the phone with an insurance adjuster, keep in mind that the entire phone conversation is being recorded and noted down. This information can be useful in further minimizing your insurance claim. So make sure that you pay extra attention to what you tell the adjuster. Choose your words carefully.
Hiring a lawyer – Since the insurance claim can be a bit complex and complicated, the safest bet would be to hire an attorney who will advocate on your behalf. And if you sustained some type of injury due to the accident, we recommend using a personal injury lawyer as the best option. Lawyers are well-versed in these cases, they know the procedure in and out and will be able to navigate more efficiently in order to get you the highest claim possible.
If you were in an auto accident and you need help filing an insurance claim with your auto insurance company, contact us today and let us help you out!
Sometimes, we lose someone we love due to someone else’s carelessness or reckless behavior. In those situations, it’s important to know a few things about filling a wrongful death lawsuit. There are a lot of questions about this and the process might not be simple. So we decided to share with you the 10 most common questions about wrongful death lawsuits to help you better understand the process.
What’s exactly a wrongful death claim?
Personal injury lawsuits and wrongful death claims are very closely related. They both allow you to seek compensations when someone is injured due to someone else’s negligence.
With a personal injury lawsuit, the law allows the injured victim to file a claim and seek compensation from the responsible party. This compensation is to cover the injured person’s losses.
But with a wrongful death claim, the injured person is not alive anymore so he/she cannot file a claim. So in this instance, another person steps into the place of the injured person and files a claim in his/her name to seek compensation.
Who can file a wrongful death claim?
This question depends on a specific state and its legal system. In general, most states allow the personal representative to file a wrongful death claim and this mostly refers to a close family member. In Arizona, wrongful death claims can be filed by:
- The spouse of the deceased person
- Children of the deceased person
- Parent or legal guardian of the deceased person
- Personal representative of the deceased person’s estate
Wrongful death claim – Do I have a case?
Determining if someone has a wrongful death case or not isn’t so easy to determine. Each case has a unique set of circumstances and facts. So in order to determine if you have a case, you will definitely need to speak to a lawyer. A personal injury or wrongful death lawyer should be able to help you.
How to file a wrongful death claim?
As before, this also depends on the state you wish to file a lawsuit. Usually, you first need to determine if you’re eligible to file such lawsuit. Then you need to work closely with your wrongful death or personal injury lawyer so you could file the claim before statute of limitation expires.
How to prove wrongful death?
Each US state has its own set of laws when proving wrongful death, but in general, the plaintiff must prove:
- The defendant owed a duty of care to the deceased
- The defendant breached said duty
- Breaching duty of care resulted the death of the deceased and
- Damages that resulted
How long do you have to file the claim?
The time you have to file a wrongful death claim (or any type of claim basically) is called the statute of limitations. This is not the same for all states, so you should definitely check with your personal injury lawyer. For example, in Arizona, the statute of limitation for a wrongful death lawsuit is two years from the date of death. Same applies for New York, California, Florida, New Jersey and many other states.
How much can you sue for in a wrongful death claim?
Usually, wrongful death claims allow you to seek compensation for both economic and non-economic damages. These compensatory damages should compensate the party for loses and the usually include
- Medical bills
- Lost wages for the time the deceased was in the hospital
- Future wages
- Pain and suffering of the deceased before death
- Burial and funeral expenses and
- Loss of companionship
Average settlement for wrongful death
Since every wrongful death case is unique, with its own unique facts, it’s really difficult to determine what’s the average settlement. But when you consult your personal injury lawyer or wrongful death lawyer, he will be able to give you a rough estimate of the settlement.
When hiring a personal injury or wrongful death attorney, you can discuss that he takes your case on a contingency fee basis. This means that he/she will only be paid if you will the lawsuit and you get compensated.
Is a lawyer really necessary?
Since wrongful death cases can be pretty complicated, we highly recommend that you hire a wrongful death lawyer. He/she will advocate for your best interest and if you have additional questions you can always ask him/her.
The Covid-19 outbreak, caused by the novel coronavirus, is something we never faced before. In the US alone, there are over 300 thousand confirmed cases. People are advised to isolate, keep the social distancing measures and to work from home if possible.
In order to keep their homes safe too, many people rely on the information and guidelines released by the CDC on how exactly to use EPA-registered disinfectant products. These products are sued to safeguard your homes from the contagious outbreak.
If you want to learn which disinfectant products have been approved by EPA, visit their official website here.
Since disinfectant are strong chemicals, they need to be handled properly
Disinfectant products are efficient in killing germs, but they can be pretty hazardous to people’s health and that’s why they need to be handled with care. This is by no means an attempt to discourage people to use these products during the Covid-19 outbreak, but consumers should make sure that they handle disinfectants properly and with caution.
The majority of disinfectant products contain ethanol, formaldehyde, chlorine or ammonia. There chemicals can seriously harm humans or their pets if they touch them, if they are ingested or inhaled. Some of them might even be flammable or corrosive.
In order to minimize the exposure to these harmful effects, consumers can follow tips from HSH (U.S. Department of Health and Human Services). What you need to focus on?
Labels – make sure that you read the label carefully before using the product. Only use it in the manner how it is described and in ways that it was intended
Packaging – cleaning products should be kept in their original packaging. Don’t transfer them in other alternative containers like bottles, jars etc.
Mixing – Under NO circumstance should you attempt to mix disinfectant products.
Inhaling – You should NEVER attempt to inhale or sniff containers in order to determine what’s inside. By doing so, you might cause injuries to yourself.
Air circulation – When using chemicals, make sure that your windows are open and your house fans are turned on. This will help air circulation and will clear your home of any residual chemicals left in the air.
Kids – You should ALWAYS keep dangerous chemicals away from your kids. Put them somewhere on a tall shelf where they can be out of their sight and reach.
Protective gear – When handling disinfectant chemicals, make sure that you’re wearing protective gear (gloves).
These disinfectant products are the most effective way in our fight against Covid-19. But we need to keep certain safety measures when we handle these chemicals and disinfect our homes.