In Part 1 we briefly discussed what are your rights and what should you do in case your injury at work wasn’t taken seriously enough. Today, we will be digging further to see what other benefits are you entitled to if you suffer an injury at work.

Covering your medical bills

If you suffered an injury at work so severe, that it requires you to undergo surgery and the company’s / employer’s compensation isn’t enough to cover the medical bills, it’s your legal right to have the employer take care of the bills for you.

You shouldn’t be accountable if you got injured at work because of less than favorable work conditions. Said conditions allowed the accident to happen, so you should be reimbursed for any medical bills.

Monetary compensation

An injury at work will certainly leave a toll. That is why, you should be properly compensated, and not just in the amount that is sufficient enough to cover the necessary treatments. The monetary compensation should also cover the toll the accident has taken on you.

Sometimes, injuries at work might cause you to permanently stop doing that specific job. In those situations, the compensation should handsomely cover your disability. These compensations could be weekly, monthly or a one-time sum. It all depends on the court’s ruling and how good was the deal of your legal time was able to negotiate.

Special treatments after injury at work

Depending on the severity of your injury, it’s highly likely that you won’t be able to work as fast and as efficiently as before when you return to work that is. If that occurs, the employer is obligated to accommodate your needs and make things easier for you. This can be in the form of a separate parking spot just for you, installing a ramp that will help you move in a wheelchair or other things that will make your job easier.

Post-injury incentives and legal issues

Some employers use this tactic in order to avoid getting a claim from their employment or to avoid going to court. These ‘persuasion tactics’, both illegal and immoral are quite often used, where your employer offers you incentives in the form of money or benefits. And unfortunately, most victims that suffer an injury at work fall for them.

To be clear, the only monetary compensation you should be getting is through your insurance, and there should be nothing stopping you to claim your legal rights. Agreeing to side deals is NOT a good idea and we strongly recommend that you first speak to your lawyer before agreeing to anything.

Say “NO”

Settling for less than you deserve or nothing at all, is NOT in your best interest. However, that happens very often. Most employees that got injured at work don’t know what to agree to and what not to agree to. They just don’t know how the system works. That’s why it’s important to have a skilled personal injury lawyer by your side, who knows the system inside and out and can counsel you in the decision-making process.

If the court’s ruling is not applicable, turn it down and file for an appeal. If the insurance company is offering you a bad deal, turn it down and negotiate a better one that you feel good about.

Fully understand that you deserve to be properly compensated for what you’ve been through, all the physical and emotional difficulties and that you SHOULDN’T settle for less.

Conclusion

Employees should do their best to make the workspace safe in order to avoid accidents. Regrettably, no matter how hard they try, an accident will happen from time to time. And if an employee gets injured at work, he/she deserves proper compensation.

On the other hand, employees should also take all the necessary precautions in the workplace to avoid accidents. No matter what, the accident will happen an in those situations you should be fully aware of your rights and compensated for your injury.

It’s unfortunate if you suffer an injury, and even more so when it happens in the workplace where you’re trying to make a living.

Many employers have precautions and safety measures set to protect their employees and even despite those, accidents tend to happen. This is inevitable and employees should be familiar with the benefits and compensations they are entitled to when they get injured at work.

Report the accident to protect your rights

The easiest way to protect your rights is to report the injury at work as soon as possible. We recommend reporting to your manager or employer immediately, on the same day or within a few days after the injury at work has occurred. This works in your favor.

In some cases, the injury is just too severe so you won’t be able to report it yourself. In that case, you must have someone to do it for you. A good option would be one of your colleagues or a member of your family. In most states, employers are obligated to cover an employee’s insurance if he/she suffers an injury at work. Make sure that this is taken care of and that you get coverage.

File a claim if needed

If your injury at work report wasn’t taken seriously, and you didn’t hear back from your employer or Human Resource department, the next step would be to file a claim in your industrial/compensational court. We at Schenk Podolsky always emphasize that workers are entitled to their benefits if they get injured at work. In case that your employer hasn’t compensated you enough, hire a lawyer to represent you.

Learn about your rights

Most workers are completely unaware of their rights or what are they entitled to in case they suffer an injury at work. Be aware that employee’s benefits include reimbursement for medical bills and even belongings that were damaged in the accident. Furthermore, you can also be entitled to monetary compensation, disability payments, accessibility tools (in case you’re handicapped) and coverage for rehabilitation. And in most severe situations, where death has occurred, the employee’s family is entitled to have the burial costs covered.

Some of these rights differ depending on where you live, but they all include sufficient compensation or coverage for your insurance. Seeking medical treatment and consulting with a doctor is #1 on your priority list after you suffer an injury at work. As long as your doctor advises you to be on sick leave, you legally qualify for paid sick leave. Furthermore, you are allowed to return back to work once the doctor signs an approval and releases you back to work.

Accidents at work that result in permanent injury and thus prevent you from working anymore, have a substantial disability compensation. And your employer is legally obligated to pay it. In the event that you don’t feel the insurance company paid you enough for medical treatment, you have the right to appeal to these decisions.

 

 

When the weather is beautiful, a lot of people like to spend time outdoors. And some of them also want to bring their dogs with them. It’s well established that children generally like dogs, but we can’t always say that dogs like children. Your child can sustain serious injuries or diseases from a dog bite. There are even cases where surgery might be necessary. That’s why you must look for a Mesa personal injury lawyer with extensive experience.

According to some research, over 4 million people suffer injuries related to dog bites, and only 17% of those 4 million cases get reported. And over 50% of dog bite-related injuries involve children. This is seriously troublesome information, especially if you’re a parent. Some places, for example, George, treat dog bites as a public health concern.

Determining Liability

There’s only so much you can do to make sure that your child is safe from dog bites. But it can never be foolproof. And if you’re a dog owner, you have to take all the necessary steps in socially training your dog. Don’t miss any vaccinations and also make sure that your dog is trained in restraint, both when in the house and outside.

Furthermore, you should never leave a child alone with the dog. This also goes for family dogs as well, as they are no stranger to biting too.

Dog owners need to be certain that their dog is properly trained on how to interact with strangers. They (the owners) need to take necessary measures when they train and socialize their dogs. And even then, they might still be liable under Georgia’s law, in case the attack happens on their property.

In order for a Georgian dog owner to be liable for a dog bite, the parents of the injured child must prove beyond a reasonable doubt that there was negligence. The victim’s parents must prove that the down owner knew about the aggressive nature of the dog and didn’t do anything in order to restrain the dog and avoid the bite. In cases where the victim provoked the dog, the claim won’t be valid.

There is some flexibility when it comes to Georgia laws. In cases involving dog bites, victims can have trouble proving that there was negligence. Suffering a dog bite is not sufficient enough for you to claim compensation for your injuries. However, if the bite happened in circumstances when a leash was involved, the claim could be determined in the victim’s favor. Various laws require dogs to be restrained in certain areas. So in case of injuries, when the dog should have been restrained, the owner will be responsible for the damages.

The owners may also be liable if they were familiar with past attacks by the same dog, but did very little to prevent those types of attacks from occurring again. Furthermore, the owners might also be liable if the dog attacks someone on their own property.

When your child suffers a dog bite, the first and foremost thing you need to do is to make sure that they get the necessary medical attention. Reach out to your doctor and make sure that you get all the information on the dog’s vaccination, including the last rabies shot. It’s up to the owner to provide the name and contact information.

Contacting Animal Control

The incident also has to be reported to your local municipality’s animal control department. A timely report will ensure that the down owner is taking the necessary steps to quarantine the animal if it represents a danger to the community. Reporting the incident is also important if you’ll be pursuing a personal injury claim. The animal control report could be valuable evidence that will support your claim.

Collecting Evidence

Gathering all the evidence you can find is necessary in order to determine who is liable for the dog injury. Probably the most important evidence is the one gathered at the scene. The strongest piece of evidence is your children’s clothing, which is most likely tattered and bloody. Don’t wash the clothes so that you don’t remove the stains. Instead, put them in a bag, label it properly, including information on time and date when the attack occurred. Taking photos and videos can also serve as strong evidence for the case.

If you can interview eyewitnesses that will improve the credibility, even better. Eyewitnesses have no financial gain for telling the truth. Statements from witnesses are very important and can potentially increase the chances of the case being ruled in your favor. Also, make sure that you get the names and addresses of the witnesses because they might be called in to testify.

Child Injury Claims – Complications

Settling an injury claim for an underage is not without complications. It requires court approval. Even when the child can recover after just a few weeks, there are long-term effects of the attack e.g., trauma or the child might even develop fear from dogs.

Hiring a Personal Injury Attorney

Contact Schenk Podolsky to determine if you have a solid case for a personal injury claim. Assuming that the owner is not liable just because you know each other or you are next-door neighbors, is wrong. Settling a personal injury case is not easy. Especially when there’s a minor involved. You’ll need an experienced attorney to help you out.

Injuries Seen After a Car Accident

There are a variety of injuries that can occur after a car accident. These injuries can range from minor injuries, to more severe injuries that require hospital stays, time off work, and more.

Because there are so many factors that come into play when an accident occurs, and such a wide variety of injuries and costs associated, it is in your best interest to get a lawyer who wants to help see that you, or anyone involved on your side, is taken care of adequately.
The following are some of the most recognized injuries that can occur during and after a care accident.

One of the most common car-accident related injuries that people experience afterwards is whiplash. This type of neck injury occurs when the head and neck are jerked forward when a car is suddenly stopped from the impact of a car accident.

The normal symptoms of whiplash may not show up for around 12 hours, to sometimes a few days, after the accident has taken place. The whiplash may heal within the weeks following the accident, on it’s own. Some cases may require further treatment, such as physical therapy, to heal completely and correctly.

Whiplash can cause pain in the neck and back, as well as an overextension to the nerves, muscles and joints.
Some of the typical symptoms of whiplash include headache, pain, blurred vision, ringing in the ears, trouble sleeping, and dizziness.

Concussion

Another type of injury that is seen a lot in car accidents is a concussion, which is a type of injury that occurs from suffering a blow to the head. Think, when the impact of your vehicle during the accident is so forceful, that it causes your brain to ram against the inner part of your skull. During a car accident, victims often suffer a concussion when the blow forces their brain to slam against the inside of their skull.

There are several symptoms that can be signs of a concussion, both physical and mental. Some of these include; mood swings severe headaches, sensitivity to light and sound, trouble with eating or sleeping, and disorientation.
It is important to seek medical attention after an accident, as soon as possible, because some signs of a concussion may be misread as something else, and vice versa.

Soft Tissue Damage

Torn muscles, bruising, strains, and sprains all fit under the category of soft tissue damage. These, while seeming minor, may not cause any further or worse symptoms for up to a week after the accident has occurred.

Some of the things you may notice with these injuries include sharp pains, swelling or inflammation, stiffness in or at the area, and noticeable color changes.

Back Injuries

In accidents that are rear-ended or side-impact situations, back injuries are a common injury. Adrenaline can hide the symptoms of a more serious injury that has occurred due to the accident, namely when it comes to back injuries.
There are a few symptoms that you should be on the lookout for pertaining to back injuries:

  • Noticeable pain in the neck, back, or shoulder area
  • A limited range of motion in any of these areas
  • Unusual or extensive bruising
  • Weakness in the affected area
  • Difficulty breathing or balancing, or pain with these motions

Emotional Distress

Car accidents are many times traumatic and violent, because they happen so quickly and can be devastating. Due to this, many of the people in them suffer from things like post-traumatic stress disorder (PTSD), and other types of emotional distress.

This type of injury, while not necessarily physical, can have many negative impacts on the victims life.
It may manifest in many different ways. Some of the more common ones include anxiety, panic attacks, and depression. Others may have flashbacks of when the accident happened, or nightmares of the event. All of these can spiral into mood swings, hopelessness, and potentially a cycle of reckless behavior due to that.

Many of those who suffer from this type of injury may not realize or want to accept that that is this case. This may cause their symptoms to get worse, as they do not want to get help. If you or someone you know suffers from any type of emotional distress such as PTSD, please do not be afraid to ask for help and to seek treatment.

Contact an Attorney for Help

If you believe you have been injured in a car accident that was not your fault, do not hesitate to consult with our office and speak with an experienced attorney as soon as possible, so that we can discuss your claim.

Contact us to schedule a free, no obligation consultation with one of our skilled attorneys to find out if you have a case against the at-fault party. We work on a contingency fee basis and will only charge you if we recover compensation for your claim.