Workers Compensation Claims – LOCAL LAW ASSIST https://locallawassist.com Get national legal assistance Thu, 02 Nov 2023 01:28:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://locallawassist.com/wp-content/uploads/2024/10/cropped-210C9899-123B-4F74-9B65-773DE033C59E_1_201_a-32x32.jpeg Workers Compensation Claims – LOCAL LAW ASSIST https://locallawassist.com 32 32 Workers' Compensation Award in Workers' Comp Claim https://locallawassist.com/workers-compensation-award-in-workers-comp-claim/ https://locallawassist.com/workers-compensation-award-in-workers-comp-claim/#comments Thu, 02 Nov 2023 01:28:00 +0000 https://locallawassist.com/workers-compensation-award-in-workers-comp-claim/

In this video, we dive into the world of workers’ compensation and explore the topic of workers’ compensation awards.

Whether you’re an employee who has been injured on the job, or an employer navigating the claims process, understanding workers’ compensation awards is crucial.

Join us as we discuss the different types of awards, how they are determined, and what factors can impact the amount awarded.

Don’t miss out on this informative and insightful discussion on workers’ compensation awards in workers’ comp claims.

#workerscompensation #workerscompensationattorney #workerscomp

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Website: https://www.szaferman.com/
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Workers' compensation in Washington State: The basics https://locallawassist.com/workers-compensation-in-washington-state-the-basics/ https://locallawassist.com/workers-compensation-in-washington-state-the-basics/#comments Mon, 30 Oct 2023 08:08:00 +0000 https://locallawassist.com/workers-compensation-in-washington-state-the-basics/

Workers' compensation in Washington State: The basics

Injured at work? Here’s what you need to know about filing a workers’ comp claim in the state of Washington from award-winning workers’ compensation lawyer Patrick B. Reddy.

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Workers' Compensation for Mental Health Injuries https://locallawassist.com/workers-compensation-for-mental-health-injuries/ https://locallawassist.com/workers-compensation-for-mental-health-injuries/#respond Fri, 27 Oct 2023 15:05:17 +0000 https://locallawassist.com/workers-compensation-for-mental-health-injuries/

Workers' Compensation for Mental Health Injuries

For more information about legal topics, you can find us on the web and in social media.

http://www.OConnorLaw.com.
https://www.facebook.com/mjoclaw

https://www.linkedin.com/in/michael-j-o-connor-07753412
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Workers’ compensation claims can have an impact on future premiums. One of SFM’s underwriting technical specialists explains the effect that claims can have and also provides ways to minimize the impact.

For more information on workers’ compensation, visit http://workerscompessentials.com/.

(This is not intended to serve as legal or professional advice as it is not tailored to your specific situation. Evaluate the information, opinions and advice provided in consultation with your own legal counsel or agent.)
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How to Appeal a Denied Workers' Comp Claim https://locallawassist.com/how-to-appeal-a-denied-workers-comp-claim/ https://locallawassist.com/how-to-appeal-a-denied-workers-comp-claim/#respond Tue, 24 Oct 2023 23:04:49 +0000 https://locallawassist.com/how-to-appeal-a-denied-workers-comp-claim/

Getting a Denial Letter for your workers’ comp case is the last thing you’d expect, more so when you know you got injured at work. There could be many reason why your claim was denied, including your employer stating that the injury did not happen at work.

Luckily, a denial from the insurance company is not a final answer. You have rights and can appeal the denial.

Learn more about it on our blog here https://www.pacificworkers.com/~/blog/2022/january/what-if-insurance-adjusters-deny-my-claim-/

If you need help with your workers’ comp case, schedule a free consultation with our intake specialist by calling 800-606-6999.
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Compromise & Release (C&R) – Most Common California Workers' Compensation Settlement Arrangement https://locallawassist.com/compromise-release-cr-most-common-california-workers-compensation-settlement-arrangement/ https://locallawassist.com/compromise-release-cr-most-common-california-workers-compensation-settlement-arrangement/#comments Sat, 14 Oct 2023 02:45:59 +0000 https://locallawassist.com/compromise-release-cr-most-common-california-workers-compensation-settlement-arrangement/

Learn about the most common way to settle a workers’ compensation claim. In California, it’s by Compromise and Release ( or C&R for short). To obtain this type of settlement, both the injured worker and their employer must agree on an amount and it must be approved by a Workers’ Compensation Law Judge.

If you are hurt, it’s definitely time to consult with a lawyer. https://www.napolinlaw.com/practice-areas/workers-compensation/

In this video, I walk you through how to fight your work comp denial through an AOE COE Trial

Please note this information will only be relevant for injuries that are under the jurisdiction of California WCAB.
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Promised link:
(1) Benefits Video Link

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Video Chapters
0:01 Introduction
0:42 How to Fight a Work Comp Denial
0:53 AOE/COE Defined
1:08 Is the Insurance Company Liable for My Injury? Four Requirements.
1:28 Do I Have an Injury?
1:40 Was My Injury Caused By Work?
1:51 Is My Injury Barred by an Affirmative Defense?
2:05 What Do I Do If I Think My Claim is Barred?
2:15 Defense 1: Under the Influence Injuries
2:25 Defense 2: Self-Inflicted Injuries
2:39 Defense 3: Is Suicide Covered Under Workers’ Compensation. Death Benefits.
2:49 Defense 4: Injuries from a Work Fight. Initial Aggressor.
3:08 Defense 5: Injuries Occur While Committing a Felony
3:27 Defense 6: Injuries Occurring While Participating in Voluntary Recreational Activities
4:00 Defense 7: Post-Termination Claims
4:43 Defense 8: Going & Coming Rule in Workers’ Compensation
5:02 Defense 9: Filing in the Wrong Jurisdiction
5:12 Defense 10: Statute of Limitations.
5:22 Workers’ Compensation as a No Fault System
5:34 How to Get to an AOE COE Trial
5:44 Step One: Gather Your Evidence
6:37 Step Two: File a DOR for a Priority Conference
6:51 Step Three: Ask to be Set for Trial
7:01: Step Four: Fill Out a Pre-Trial Conference Statement
7:11 Step Five: Go to AOE/COE Trial
7:21 Step Six: Wait for the Judge’s Decision
7:31 How to Avoid AOE COE Trial
7:55 Can I go to AOE COE Trial on One Body Part?
8:22 Special Extra Footage
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AOE/COE Outline
Governed by LC 3600
AOE/COE TRIAL
– AOE and COE are abbreviations for an injury “arise out of employment” and occurring during the “course of employment “
– Only appropriate for cases where ALL body parts denied
– Only issue is should the insurance carrier be liable for your injury?

To be liable:
1) There must be an actual employment relationship

2) There has to be an actual injury

3) The injury must have happened while the employee was working or arose out of their job.

4) It must not be barred by an affirmative defense
a. Under the influence – alcohol or drugs
b. Self-inflicted
c. Committed suicide on purpose
d. Initial aggressor
e. Felony
f. Voluntary recreational activity
g. Post termination
h. “Going & Coming” Rule
i. Jurisdiction
j. Statute of Limitations 1 year

Process for going to AOE/COE trial
Step 1: Attorney will gather what you need:

Step 2: File DOR (Declaration of Readiness to Proceed) for a priority conference

Step 3: At the priority conference your attorney will ask to be set for trial

Step 4: Attorneys will fill out the pretrial conference statement and list their exhibits.

Step 5: Go to trial – You might need to testify

Note: If you have the proper evidence, the defense may simply accept one or all of your body parts to avoid trial. Only one body part needed.

Note: Do not have to have causation discovery complete to proceed to AOE/COE trial. E.g. can have trial for ortho but not psych.

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TEXT “CONSULT” to (909) 266-0003 or Call us to get answers from an attorney.

We serve injured workers and fight for them to receive all their benefits especially medical treatment and compensation.

Hello, my name is Naomi. I have been practicing in Southern California since 2012. I opened my own firm because after seeing how the work comp “mills” functioned, I knew there was a better way. My firm is different because our clients are able to access their attorney and we focus on client education, so they are informed and feel comfortable throughout the entire work comp process.

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Gonzalez Law Firm, APC.
Call: (909) 266-0003
Text: (310) 683-5725
http://www.workinjuryca.com​​​

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Call us or TEXT “CONSULT” to (909) 266-0003 or Call us

© 2021 Gonzalez Law Firm, APC. All Rights Reserved. This video is not intended as legal advice, nor does it establish an attorney client relationship. Information provided is applicable in California Only. This video is intended for Gonzalez Law Firm clients only. Every case is different and certain statements may be not applicable to your case. This video is only applicable for Workers’ Compensation cases not other types of law. If you want information specific to your case contact Gonzalez Law Firm, APC.

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Structuring Your Workers’ Compensation Claim https://locallawassist.com/structuring-your-workers-compensation-claim/ https://locallawassist.com/structuring-your-workers-compensation-claim/#respond Sun, 08 Oct 2023 16:19:35 +0000 https://locallawassist.com/structuring-your-workers-compensation-claim/

If you’re injured on the job, a Workers’ Compensation structured settlement can provide a guaranteed stream of tax-free payments tailored to meet the unique needs of you and your family.

Watch to learn more.
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3 most IMPORTANT QUESTIONS at your Work Comp DEPOSITION! https://locallawassist.com/3-most-important-questions-at-your-work-comp-deposition/ https://locallawassist.com/3-most-important-questions-at-your-work-comp-deposition/#comments Sat, 30 Sep 2023 13:12:13 +0000 https://locallawassist.com/3-most-important-questions-at-your-work-comp-deposition/

In this video, you’ll learn the three most important questions at your Florida Workers’ Compensation deposition!

Attorney Domenic J. Celeste, Esq. (Owner|Attorney at Virtual Accident Attorney) represents those injured by accident on the job in workers’ compensation and due to the fault of another in personal injury throughout Florida.

Website: www.virtualaccidentattorney.com
Call|Text|Fax: 561.935.3822
Email: domenic@virtualaccidentattorney.com
Facebook: www.facebook.com/VirtualAccidentAttorney
Appointments: www.virtualaccidentattorney.com/contact/schedule-an-appointment
New Client Intake: www.virtualaccidentattorney.com/contact/new-case-intake

#virtualaccidentattorney #attorney #lawyer #workerscompensation #workcomp #workaccident #injured #accident #hurt #florida #deposition #depo #underoath #answer

DISCLAIMER:
No content in this video or from www.virtualaccidentattorney.com may be reproduced or used without the express written permission of Domenic J. Celeste, Esq. The content in this video is informational only and is not intended as legal advice, nor is it intended to create an actual or implied attorney-client relationship. Further, the content in this video is only applicable to Florida and is not intended to be referenced or used outside of Florida’s jurisdiction. Lastly, the content in this video is not intended as a substitute for legal counsel’s advice, and, it is suggested, that if you require legal advice, that you seek counsel with an attorney licensed to practice law in your State immediately.
Copyright © 2022 Virtual Accident Attorney – All Rights Reserved

CREDITS:
Opener | by MotionToolStore used under license from Envato Elements
Main Music | by AlexRockBeat used under license from Envato Market and courtesy of Audio Jungle
Disclaimer Music | by EvolvingVibes used under license from Envato Elements
Images & Stock Video | used under license from Shutterstock and Canva
Other Elements | used under license from Envato Elements
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Workers' Comp Settlements: Everything You Need To Know https://locallawassist.com/workers-comp-settlements-everything-you-need-to-know/ https://locallawassist.com/workers-comp-settlements-everything-you-need-to-know/#comments Wed, 27 Sep 2023 20:13:42 +0000 https://locallawassist.com/workers-comp-settlements-everything-you-need-to-know/

Workers’ compensation cases are each very unique. It’s hard to determine what each one is worth, the outcome, or if you should settle or not. They do all share similarities however, and we are here to help with your individual needs. In this video, I will cover some of the basic questions surrounding workers’ compensation cases, and what you should do with yours.

Each case is different. My goal as your lawyer is to guide you through the process. If you’re watching this and I am not your attorney, make sure your lawyer analyzes your particular case. You don’t want your case shoved off to a paralegal. We will compare a settlement amount to what the potential payout would be if we didn’t settle.

Statistically, cases do settle. Why? Because insurance companies operate under ‘The best file is a closed file’ mentality. It’s better for an insurance company to have a one time payment and close the case.

Your best defense is to hire a good lawyer that will analyze all possible angles of the case. Then they should provide a recommendation and what to expect. You may think your case is worth one thing but we can only allow what the law allows.

I’ll never tell a client whether to settle or not. I will look at hard facts and weigh the pros and cons to each decision. There are risks to both. I will make my professional recommendation and do what the client thinks is best for their well being.

So you’ve decided to settle, what happens now? At this point your lawyer will make a demand of a certain amount. Negotiations will begin and if both parties can agree, the settlement will proceed. If they cannot, it won’t settle. Settling is a voluntary thing and nobody has to agree to agree. In these types of circumstances a judge has absolutely no power.

What is important to me is to make sure my clients make informed decisions and never feel alone in this process. There may be a situation where even as a lawyer, I feel that a settlement amount is unfair, but for whatever reason the client chooses to settle. I will make sure that my client understands each step and always back them up one hundred percent.

It can actually benefit all parties to settle. It’s obviously a relief financially but it can also take away the stress of constantly having an open case. Sometimes a client finds that they have to go see doctors that are not of their choosing, recognize that they’re being followed, etc. With a settlement you get a check and you’re done. It’s honestly a win/win. The insurance company knows that once a case is settled, it’s done. Everyone can go home.

Another thing that can happen after settling is the feeling that the entire process was very personal. Say you receive x-amount, but you feel as though your injury and pain and suffering are worth much more. You would not be alone in that regard. The goal after settling is to move on with your life. Leave the case in the past. We can also help you move forward after the case is settled.

You might be asking if you can return to work, or will doing so hurt your claim. The answer is no, it doesn’t impact the ability to settle but it can definitely affect the value of your case.

That doesn’t mean ‘don’t work’. By all means, if you can work, go work. It’s better to have a steady source of income instead of relying on your settlement.

How do I know how much my case is worth? This is the million dollar question. The answer is ‘it depends on your needs but we absolutely cannot give you an estimate without seeing all of the facts of your case’ (and any lawyer who gives you a supposedly definite number during a consultation is lying). We never promise anything to our clients because cases like this, without all of the facts, are completely unique. No two cases are the same.

What factors are considered when determining the value of my case? I can tell you the insurance company pays about 40%-60% of what they think the exposure on your case is to them. Basically they calculate what you’re going to cost them in the long run. Every case includes the same benefits, medical and indemnity. It’s easy to come up with a number when you have medical records, a doctor citing how long an employee will be out of work, etc.

The good news is that as long as what we come up with is a fair number, we’ll be able to give you a range of what your workers’ compensation settlement might be.

It’s important to me to have clients become friends. I don’t want anyone to feel alone during this process. My clients are told that they have access to me (within reason), and not just my office staff.

If you’re in the process of navigating a workers’ compensation claim, make sure you reach out to an experienced lawyer. There are intricate details that need to be looked at to make sure you are compensated for your suffering. I have over 16 years of experience just in workers’ compensation cases alone.
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Workers' Compensation Third Party Claims https://locallawassist.com/workers-compensation-third-party-claims/ https://locallawassist.com/workers-compensation-third-party-claims/#comments Tue, 19 Sep 2023 17:04:29 +0000 https://locallawassist.com/workers-compensation-third-party-claims/

Workers' Compensation Third Party Claims

The Higgins Firm
525 4th Ave South
Nashville, TN 37210
(615) 353-0930
www.thehigginsfirm.com

Former Insurance Defense Lawyer, Jim Higgins, discusses when you can bring a third party claim in a Tennessee Workmens Compensation Lawsuit.

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What it means to be a workers' compensation claims representative https://locallawassist.com/what-it-means-to-be-a-workers-compensation-claims-representative/ https://locallawassist.com/what-it-means-to-be-a-workers-compensation-claims-representative/#comments Thu, 14 Sep 2023 07:29:10 +0000 https://locallawassist.com/what-it-means-to-be-a-workers-compensation-claims-representative/

SFM claims representatives describe what it’s like to manage workers’ compensation claims and the important role they play in helping nurse injured workers back to health.

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