Accident Compensation Claim


Many people get injured in various types of accidents every year that aren’t their fault and have legitimate rights to file an accident compensation claim. Accidents may include but not limited to:

In all of these, the common thread is that you are the innocent victim of of someone else’s negligence, Continue reading →

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Did I mess up when I had a car accident?

Question: Did I mess up when I had a car accident?

I had a car accident a couple of days ago. I don’t think it was my fault and my car is damaged.

The other driver talked me out of calling the police and gave me his telephone number, but it is not a good number.

I did write down his license plate number just in case.

Did I mess up really bad and will I not be able to collect for the damages to my car?

Answer:

You should immediately call the police, report the accident, give them his license number and give them your best recollection of the accident. You should also immediately call your insurance company and report the accident.

That was good thinking to write down the other driver’s license plate so the he can be identified. There was probably a reason that he didn’t want to call the police, he might have warrants for his arrest or could have been driving either without a license or insurance.

If you have an uninsured motorist rider on your insurance policy, you may be able to collect for the damage to your car and any medical costs you might have. If you don’t, you will have to get an attorney and start an action against the other motorist. If he has any assets, you may be able to collect something.

In the future, do not be talked out of calling the police to the scene of an auto accident no matter how persuasive the other driver is.

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I was hurt at work, had surgery and now my employer is questioning my restrictions?

Question: I was hurt at work, had surgery and now my employer is questioning my restrictions?

I have worked for the same business for over 10 years. I had a slip and fall accident at work because of a slippery floor.

The fall caused damage to my knee and I had to have surgery. I was out of work for about a month and when I returned to work the doctor put restrictions on what I can do for about another 3 months.

I can’t do my normal job with the restrictions. My employer is not very happy about the restriction and says that he really doesn’t have other work for me to do.

I don’t think that he wants to fire me but he also can’t afford to have someone else do my job and pay me also.

What can I do to save my job.

Answer:

The first thing I would do is have your employer check the company that holds the workers compensation insurance policy that he has. Many times you are eligible to collect until you can do the job that you normally do. If the employer has another job that he can put you in and pay you, that would mean that the policy doesn’t have to pay any longer.

Doctors will sometime try to get workers back to work as soon as possible because, in some cases, it helps the mental attitude of the worker and they might heal sooner with mental and physical activity.

If your employer has to let you go, you should get a consultation with an attorney that specializes in workers injury law to see if that is within the law. That same lawyer might also know if the insurance company that has your employer’s policy has to continue to pay you until you can do the job that you had prior to being hurt.

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Can I be fired while I am off for a work related injury?

Question: Can I be fired while I am off for a work related injury?

I was injured at work and I am off work and collecting compensation while I am healing. There is some scuttlebutt around work that there are going to be some layoffs and I may be one of them.

I have a couple of questions. First, if this happens, will it affect the payment I am getting while I am healing? Second, Is this something that is legal? Can my company fire me because I can’t work right now?

Answer:

Most compensation that comes to injured workers comes from an insurance policy that the employer bought to protect them against claims from people hurt on the job. So, the pay that you are receiving while you are off work to heal shouldn’t be affected. Although, different areas have different workers injury laws.

As far as the being laid off, it really depends on the reason that you are being laid off. If it is retaliation because you filled a workers compensation claim, in most places, that would not be legal. If it is because of lack of business at the company, your employer can probably do that if they have a procedure for the layoffs that is systematic and does not single you out because of your injury.

If you get laid off, you might want to speak with a personal injury attorney that specializes in workers injury law. They can advise you on your rights under the law in the area that you live.

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Do I get paid while I am out for a work injury?

Question: Do I get paid while I am out for a work injury?

I was injured at work and I have to be off work to heal for about three months. All my medical bills have been paid by the workers compensation insurance but I haven’t been paid anything to replace my income.

I haven’t heard anything from either my company or the insurance company about this. I have asked some of my friends and they don’t know if I am paid for the time off or not.

My bills are piling up and I haven’t made my mortgage payment in over a mouth. I am worried that I am not going to be paid for this time and that could really hurt me financially.

Am I supposed to be paid while I am off with the work injury?

Answer:

In most places there is a provision for an injured worker to be paid while off work due to a work injury. It may not be 100% of what you were making and there may be a time limit on how long you can collect.

If I were you, I would contact both the person at your company that handles worker injury insurance and I would also contact the insurance company. Find out if and how much you are supposed to be paid for the time off due to the work injury.

You then need to make it clear to them that you need to collect that money as soon as possible because your finances are falling apart from loss of income.

That should get some action for you. Sometimes, if you stay quiet, people will take care of the people who get their attention. Become one of those people that make some noise and you will probably get what you need.

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