Workers’ Comp and Personal Injury
If you’re injured on the job, you’ve probably been told that the only compensation you can get will come from workers’ compensation insurance held by your employer. While this is generally true, there are other times when you can sue for personal injury compensation as well. Learn more about how workers’ comp and personal injury claims can sometimes overlap. Understanding Workers’ Comp Usually, if you’re injured on the job, you’ll file a workers’ comp claim. Workers’ compensation is insurance your employer carries for this reason. You don’t need to show proof of fault for a workers’ comp claim. You simply need to show that your injury occurred on the job and is somehow connected to your work. Under workers’ compensation, you get non-taxable income that equals about two-thirds of your average pay. You’ll also get compensation for your medical care and permanent injury. Understanding Personal Injury Claims If you’re injured due to the negligence of another person, you can file a personal injury claim. However, in order to recover damages, you have to prove your injuries and show that the other person was at fault. Personal injury settlements typically include compensation for lost wages, loss of future earnings, medical expenses, and property damage. Occasionally, compensation can also include pain and suffering. Areas of Overlap While workers’ comp and personal injury usually handle two different groups of people, there are times when the two will overlap. In these cases, injured workers might be able to file a workers’ comp claim and a personal injury lawsuit. For example: If a defective product injures you on the job, you might be able...
Tragedy Faced in Nursing Home After Hurricane Irma
In times of crisis, reliable nursing home care is more crucial than ever. With residents already in need of living assistance, natural disasters only intensify reliance on their caretakers. In the wake of Hurricane Irma, a nursing home tragedy occurred. Although the storm weakened and lessened the damage, the lack of electricity after caused the usual Florida heat to be that much more intensified. Eight Hollywood nursing home residents died after Irma left the building without air conditioning and in sweltering heat. It is devastating to think of the oven-like conditions that the residents had to endure after the severe storm hit Florida. Nursing homes & Adult Living Facilities (ALFs) are legally responsible for the safety of their patients and residents have certain rights and protections to ensure that suitable care and services are provided to them. As South Florida natives, we are no stranger to hurricanes and the subsequent preparations pre- and post-storm. Nursing homes need to have a system in place that ensures all staff and residents will be safe during the storm. Having a working plan to keep residents and patients safe is a requirement for Florida’s licensed health care facilities such as nursing homes, assisted living facilities and hospices. State law requires the facilities’ management plan to include: Risk assessment and planning Policies and procedures Communication plan Training and testing Plans should include things like how people will be evacuated in the case of emergency, plans for food and water, establishing who is in charge during an emergency, etc. It can be emotionally painful and difficult to place a loved one in a nursing home but once...
How to Be Safe During Hurricane Irma
Natural disasters are unfortunately unavoidable but with current forecasts we are lucky enough to know ahead of time and take the necessary precautions to stay safe. With Hurricane Irma’s current projections, the state of Florida might be experiencing winds of 185 mph. It is important to prepare and be knowledgeable on staying as safe as possible. The biggest threat to personal safety is the high winds that can topple trees and cause debris to fly. Heavy rain is also a huge threat because it can cause flash floods and storm surges. If you plan to stay at home during the hurricane, follow these 7 tips to ensure personal safety: Stay inside and away from windows and glass doors. Protect windows with plywood or storm shutters. Secure outside objects. Remove all loose objects surrounding your house. Any patio furniture, backyard décor or barbeques that could be lifted by strong winds should be put away or tied down to avoid any damage to properties or risk personal injury. If flooding threatens a home, turn off your home’s electricity main breaker. Have a secure room available. If the storm passes over your home, stay put in a room without windows. Beware of lightning. Don’t take a bath/shower and refrain from using electrical equipment during the storm. Make sure to have a first aid kit, fuel, food and plenty of water for each member of the household. Evacuate if alerted to do so and know your evacuation routes ahead of time. Hurricanes are very powerful and uncontrollable but you can do your best to prepare for them and prevent personal injuries. Contact us...Liability Waiver Saves LA Fitness from Personal Injury Lawsuit
Going to the gym is nothing new, but being active has been a trend for a few years now. Some will jog or use their own treadmill to stay active, but most will frequent gyms like LA Fitness. The great thing about gyms like these is the option to work out with a personal trainer. However, for every membership, there are pages of legal paperwork that you have to sign. Usually, we think just to skip over this and sign away, but this is exactly what caused Patricia Evans to lose her personal injury case against LA Fitness. When signing up for a membership, the legal work normally includes documents like membership agreement, personal training agreement, and a release of liability. The release of liability page states something along the lines of acknowledging that you read the terms and assumption of risk. No business ever wants someone to get hurt on their premises, but they still need to have an action plan in case something does happen and in this case, it was their release of liability. While working out with her personal trainer, Evans fell while she was sprinting and performing “suicide runs.” Evans fractured both of her wrists after trying to catch herself from her fall, which also resulted in nerve damage after the healing. Evans claims that she fell after her trainer continued to tell her to go faster. However, one of the biggest holes in her case was that she was not forced to exercise and when exercising it is at her own risk. In this case, the wording would have also been crucial to her...Have a question? Give us a call.
1-800-ASK-FREE (275-3733)
