Do Not Make These Mistakes When Filing For Workers’ Compensation

Suffering a work related injury can be devastating, especially if it prevents you from working and collecting a paycheck. Fortunately, there are laws in place that protect you when an injury happens when working. In order to ensure that you receive compensation for your lost wages or inability to perform specific job functions, avoid making these mistakes.

Not Reporting The Accident

Workers’ compensation claims require notifying your employer of your injury. State time frames vary, but it is typically within 30 or 45 days of the incident. If you forget to let your employer know, it may result in a dismissal of your claim.

Not Promptly Visiting A Doctor

It is important that you visit a doctor immediately following your injury. Not only is it a good idea to seek immediate medical attention, but you will also want your injury documented properly. The goal of the employer’s insurance company is to find a way to not pay for your injury, and if there is any reason to suspect the injury didn’t happen on the job, they will not pay. Having a long length of time between the date of the injury and the doctor visit is something insurance companies look for.

Not Logging Job Searching

The biggest reason to apply for worker’s compensation is because you cannot find work due to your injury. In order to receive workers’ compensation, you must be actively looking for a new job that you are capable of performing after the injury. By maintaining a log detailing all employers you applied to, you can prove that your injury is preventing you from working.

Not Accepting A Job

If you are offered a job while injured, and your injury does not prevent you from all of the daily tasks associated with it, you must take it. This includes a new position from your current employer, or a job offer from a brand new employer. Of course, the job needs to be comparable to your previous job in terms of pay, as you are not expected to take employment that will leave you worse off because of an injury.

Not Following Work Restrictions

When you begin working again, you will most likely have restrictions on what you can and cannot do. You must not work outside of your limitations. If you injure yourself again on the job while performing a task you should not have been doing, you could lose your benefits.

As long as you avoid making any of these mistakes, you should have no problem receiving workers’ compensation. To be safe, contact a workers’ compensation attorney, such as Kenneth R Schuster And Associates PC, to advise you and walk you through the filing process. 

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How Does A Teenager Get Emancipated?

To be emancipated means to be set free from social, legal or political supervision. If you are emancipated from your parents, they are no longer legally responsible for you, therefore all responsibilities become your own. Your parents will not be able to make any decisions for you, from going to school to seeking medical care. While it may seem like a dream come true for many teenagers, think about this long and hard and decide if this is the right option for you.

What Happens After You Are Emancipated

The first thing you should know is what exactly will happen after you are emancipated. While you may still be living with your parents, if they allow it, they do not legally have to let you live at home. You may need to find your own place to live and furnish it on your own, as well as get a job to pay for your residence. You will also be responsible for your own health care, transportation, food, and other essentials. You can be sued by another party and your parents will not be responsible for your legal expenses. However, you will not have adult permissions yet, such as drinking alcohol or voting.

Reasons to Consider Getting Emancipated

There are many different situations where getting emancipated from your parents might be something to consider. Every situation is different, so do not look at these as solid reasons for emancipation, but simply scenarios where it might be considered. These reasons include:

  • You have emotionally or physically abusive parents
  • Your parents are neglectful
  • You are financially independent
  • You are legally married
  • You do not agree with your parents’ living situation or habits
  • You were kicked out of the house by your parents

Ways to Get Emancipated

When you get emancipated from your parents, you can either do it with a court order or without going through the courts. The ideal way to get emancipated is probably to not go through a long and painful court process, but this is rarely an option. In order to go this route, you will need to get your parent’s permission to be emancipated. It is likely only an option if you got married as a minor or they kicked you out and no longer want financial responsibility. Otherwise, you will need to get a court order and prove you have a valid reason for wanting emancipation.

How to Prove Your Reasons

The biggest struggle with emancipation is showing to the courts that you have a valid reason for it, as well as what you will do for money, food and other responsibilities. You must already have a decent place to live and employment to be able to support yourself. This cannot include getting government aid, but through stable employment. You must also show you are mature enough to make these decisions for yourself, and that you are enrolled in school and actively going.

If you want to get emancipated, speak to a family law attorney, like one found at The Law Offices of Paul F. Moore II, to discuss the steps that are involved.

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Can You File A Workers’ Comp Claim For Black Lung Disease?

A black lung injury can have an impact on your ability to breathe and on your heart’s functioning. You have a number of options for pursuing payment for medical bills, loss of payment, and other related expenses. 

Black Lung

Black lung is a disease that results from breathing in coal mine dust. Inhalation can happen beneath and above ground. Anywhere that coal is processed, you can possibly develop black lung.

As you inhale the dust from the coal mine, your immune system works to get rid of it. Unfortunately, the expelled dust ends up in your lungs and cannot be removed. Your immune system continues its fight against the dust and starts to attack it once again. In the process, your lungs are damaged. 

Workers’ Compensation

One of the first things you can do once you are diagnosed with black lung is to seek workers’ compensation. Time is of the essence. Each state has a statute of limitations on claims. The amount of time allowed varies by state.

Another thing you need to keep in mind is that it is important that you get medical documentation of your condition. Detailed documentation helps to build up your case. 

Black Lung Benefits Act

Another possibility for receiving compensation for your condition is to file for benefits under the Black Lung Benefits Act. The act provides monetary payments and medical benefits if you are totally disabled from the disease. 

Claims are not just limited to workers from the coal mines. Anyone in your family who has been exposed to the coal mine dust can apply for assistance. 

There are some further requirements that need to be met to be eligible to apply for benefits. Your exposure to the coal mine dust must be before January 1, 1970. You can also apply if there is not a coal mine operator or owner that is responsible for your injuries. 

A claim must be filed with the U.S. Department of Labor through a district office. You have to undergo an evaluation and complete documentation about your injuries to be considered for benefits. If approved, you could receive $631.80 per month, as of December 2014. The amount is increased to $1,263.60 if you have three or more dependents.

To explore all of your options fully, talk to a workers’ compensation attorney. The attorney from a firm like Crowley Ahlers & Roth Co LPA can help you build the case for benefits and even advise you of how to proceed in case your benefits claim is denied.

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How To Respond To A DWI Charge In Ohio

In the state of Ohio, 34 percent of their vehicle related fatalities were due to drunk driving in recent years. This accounts for nearly 400 deaths. Because of this statistic, localities all over are making a point to crack down on the number of people who decide to drink and drive. A person who is caught driving over the limit will be at the mercy of the courts and the laws that govern these cases. People should also know that a person pulled over and charged with this still has rights, and should retain the help of a DWI lawyer. 

If you are pulled over by a police officer and charged with a driving while impaired case, you should use this guide to know what you might expect. 

How do people get charged with DWI?

The main reason that people get charged with a DWI is when you are pulled over for erratic driving and then given a breathalyzer test. The breathalyzer machine will measure how much alcohol is found in your bloodstream. You must adhere to the test or face the prospect of getting your license taken or facing fines. 

According to Ohio law, you will be over the limit if your blood alcohol content is .08 percent or more. 

The Legal Aspect And Ramifications

The ramifications of being found guilty are great, because you can spend some serious time in jail for such an offense. Even if you’re a first time offender, you will spend no less than 3 days in jail for such an offense. On the more extreme scale, if you have gotten subsequent driving while impaired convictions, you can spend up to 1 year in jail, which would also make the offense a felony. On top of this jail time, the fines for a driving while impaired case will reach up to $10,000 on multiple offenses. 

Your Course Of Action

The actions that you take following getting pulled over are incredibly important, because they can be the difference between your freedom and potentially being unfairly convicted. A lot of circumstances can call for a false DWI charge, including improper police procedure or failure of the breathalyzer machine. Either way, the course of action you need to take is make sure that you hire the best attorney that you can afford, to represent you in court. 

When you have a high quality DWI lawyer on your side, you will be in good hands when facing these charges. 

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