April, 2015 April 2015 - TMHLAW
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What Are My Rights In the Workers Comp Claim Process?

Knowing your rights in the workers comp claim process can change the outcome.

If you are going through the workers comp claim process, we at the Law Offices of Thomas More Holland strongly suggest you hire the assistance of a qualified attorney. This is because having someone to guide you through every step of the process and tell you what to expect or do when you have a question or concern is immensely helpful.

However, provided you are just interested in learning more about your rights in the workers comp claim process, we also want to do what we can to help out. That is why we have compiled this list of workers’ rights for the workers comp claim process:

Your Rights In the Workers Comp Claim Process

Right To Collect Benefits

workers comp claim processUnder the Pennsylvania Workers’ Compensation Act, you are entitled to workers’ comp benefits to pay wage losses and medical losses if you are injured on the job or suffer from a job-related occupational disease. As long as the injury is job-related, including broken bones, strains and sprains, herniated or bulging discs, and just about every other condition you can imagine. If it happened on the job, it is covered and the employee is entitled to workers’ compensation benefits.

At the Law Offices of Thomas More Holland, we understand the Pennsylvania Workers’ Compensation Act and make sure you get all of the compensation you deserve.

Right To Fair Treatment

Remember, the workers’ compensation insurance company is not your advocate and will try to use its unequal bargaining position every chance it gets. That is why you should contact us even if your claim has been accepted, just to make sure you are getting paid the correct amount and negotiate for a lump sum settlement that is favorable to you..

Right To File Lawsuit

If your workplace injury was caused by the carelessness of someone other than your employer, such as a visitor or outside contractor, you may be able to file a personal injury lawsuit against that individual or company.In addition to handling the workers’ compensation claim the Law Office of TMH can protect the injured worker from employment discrimination claim.

Finally, perhaps your most useful right in the workmans comp claim process is your right to an attorney. That is why if you, a family member or friend has been injured at work, you should contact the Law Offices of Thomas More Holland and hire an aggressive lawyer who understands the workers’ compensation laws and regulations, and will make sure you get all the benefits and the largest award or the lump sum settlement you deserve.

The 7 Things You Don’t Know About Slip and Fall Accidents

Specializing in slip and fall accidents, TMH Law can tell you all you didn’t know.

Untitled-1At the Law Offices of Thomas More Holland, we have considerable experience representing people just like you in personal injury cases involving slip and fall accidents. In fact, our skilled and tactical attorneys and well-trained support staff specialize in maintaining a strong track record of winning our clients the largest awards we can in such cases. This is because at TMH Law, it is our mission to aggressively fight for your rights and the rights of your family and friends.

 

ALWAYS AT OUR BEST FOR YOU

NFSILOGOnewTMH Law excels because our lawyers and staff make it a priority to continue to study developments and learn from trends and to utilize vast resources. That is why we want to share with you our take on an article released by the National Floor Safety Institute, the “slip, trip, and fall prevention experts.”

Since what motivates our team at TMH Law is to advocate and represent you as best we can, we also believe in keeping our clients well informed. That is why we want to show you the top seven things you may not know about slip and fall accidents.

 

SLIP AND FALL: A BRIEF OVERVIEW

Screenshot on 2015-04-10 at 10-52-58Just a refresher: A slip and fall accident involves an individual who falls and suffers harm due to a dangerous condition on someone else’s property. The conditions caused by this negligence may give the injured person, such as yourself or a loved one, the right to pursue a slip and fall legal case. You probably already knew that though, since you’re here to read about what you may not know  know about slip and fall accidents, so let’s get started!

THE 7 THINGS YOU DON’T KNOW

obligationsOBLIGATIONS:

    Whether they know it or not, property owners and caretakers have a legal obligation to maintain, repair, and monitor their properties for the dangerous conditions that can cause a slip and fall accident. Although, not all of these potentially dangerous conditions can be taken care of right away, as some property managers or owners may need to schedule work with a contractor. Even in these cases though, homeowners, business owners, or government entity caretakers must follow their legal obligations by notifying others of the potential danger.

WHAT THIS MEANS FOR YOU: If you are a property manager or owner, a resident or guest can hold you accountable for negligence if dangerous conditions on your property caused them physical harm, so know your obligations and follow through.

 

HOSPITAL COUNTS: hospital

    Slip and fall accidents account for approximately eight million emergency room visits each year. Making up 21.3% of emergency room visits, slips and falls represent the leading cause of visits. Among those who suffer the worst injuries from falls are our senior citizens. However, regardless of a victim’s age, serious slip and fall injuries such as broken hips and backs can cause significant loss of mobility and, later, a dramatic reduction of life expectancy.

WHAT THIS MEANS FOR YOU: Especially if you are a senior citizen, avoid the areas in which you perceive a potential fall hazard. Though of course not all falls can be avoided (or recognized), knowing that serious injuries from falls can result in major reduction in activity, independence, and mobility should keep you aware.

 

CAUSE OF DEATH: chart

    To some, it may come as no surprise that falls are the second leading cause of death in the home and in senior citizen communities. Though falls of course account for many serious injuries requiring medical treatment, they can also lead to death. According to the CDC In 2005, more than 15,000 people over the age of 65 died as a result of a fall. It can be easy to joke, “I’ve fallen and I can’t get up!” but for some, it’s no laughing matter.

WHAT THIS MEANS FOR YOU: If you or a person you care for is elderly or suffers from a medical condition which inhibits their sense of balance, be observant. According to the Consumer Product Safety Commission (CPSC), floors and flooring materials contribute directly to more than 2 million fall injuries each year. Be sure to replace flooring or use special floor coverings to provide sure footing and a seamless transition from one room to the next.

COMMON OCCURRENCES: fall

    The most common places falls occur are in driveways, on ramps, stairs, ladders, in messy, cluttered, or wet areas, and on uneven surfaces. Interestingly enough, 85% of worker’s compensation claims are attributed to employees slipping on slick floors.

WHAT THIS MEANS FOR YOU: While in the Philadelphia area, we see many personal injury cases that are due to snow and ice conditions, we advise you to be diligent about property maintenance when you know of a winter storm coming. Putting out de-icing salt and shoveling a couple times over the course of a snowstorm may help you greatly in keeping your property safe.

CLAIM COMPENSATIONS: claim

    After suffering from a slip and fall accident, and with the help of a personal attorney, you can claim compensation for more than just medical bills. In your trial, you will also be able to claim compensation for physical and emotional pain and suffering, and lost income. However, only a skilled professional will be able to assist you in pursuing these possible outcomes.

WHAT THIS MEANS FOR YOU: After suffering injuries from a fall, legal representation might be able to win you coverage for your medical bills, time lost at work, and more. However, we at TMH Law strongly suggest that you seek professional legal advice in order to recoup fos these hurts and harms.

SILENCE IS KEY: silince

    Following the event, don’t make any statements about the accident or who you believe to be at fault without the guidance and assistance of your personal attorney. WARNING:  Risk management is code for working for the owner of the dangerous property to undermine your assertion of your fair claim.

WHAT THIS MEANS FOR YOU: As usually occurs right after the filing of a slip and fall case, you may receive a visit from an insurance representative, or be asked to fill out an accident report by the manager of the site where you fell. Though you may feel pressured to address their demands, you are under no legal obligation to give any of this information out, and are best advised not to do so for the sake of your case.

 

PRESERVE THE EVIDENCE: evidence

    Saving the shoes and clothing you wore at the time of the accident to use as evidence can be helpful in your slip and fall case. If you can, try not to use these items anymore, or try to keep them in as close to the condition in which they were at the time of the accident.

WHAT THIS MEANS FOR YOU: Being able to prove that your clothing could not have caused your accident can play a big part in a trial. Therefore, one of the simplest things you could do to preserve the proofs is to put these items in safekeeping for a time.

CONCLUSION

Though the information here may prove a powerful addition to what you already understand about slip and fall accidents, we reiterate that it does not serve as comprehensive legal advice. Should you or a loved one ever sustain injury of any kind because of a slip, trip, or fall accident, your first move should be to seek out a legal expert.

Professionals at TMH Law can investigate your claim to identify if you have a case, and will grant you the respect and representation you deserve in your legal matters. So, if you have any questions or comments, please feel free to write below, or contact TMH Law today.

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