What is an Appeal?
An Appeal is, “The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.” (Black’s Law Dictionary 124. 4th Ed. Rev. 1968)
The appeal process involves a losing party requesting a higher court to reconsider a ruling or decision made at trial. Most appeals take place in an appellate court. The party making an appeal is known as the appellant, while the original winning party is known as the appellee or respondent. Common errors that can be considered proper grounds for appeal may include legal application errors by a sitting judge, procedural errors conducted by attorneys, or evidence issues such as improper evidence being allowed in court or important evidence being wrongfully excluded from court. After arguments from both the appellant and appellee as to why a court’s decision is either proper or not, the appellant court will decide to affirm, reverse, or remand that decision. When a decision is remanded, that particular case is sent back to a lower court for a new trial or other proceedings.
An appeal can only be made after a final judgment is made. A case can not be appealed when it is ongoing or if facts of the case are in dispute. Rulings in cases such as Bowersock v. Missouri Valley Drainage Dist. of Holt County clarify that appeals are continuations of existing lawsuits, not lawsuits themselves. While appeals may lengthen the legal process, they are seen as vital parts of the justice system. They exist to insure that errors or issues don’t result in the wrong rulings.
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Workers’ Compensation for Construction Workers in Wilkes-Barre
Workers in construction fields are more likely to suffer workplace injuries than in other industries.
A job site injury can lead to expensive medical treatment, lengthy physical therapy, costly rehabilitation, and time away from work without pay. On a construction site, workplace injuries can be serious and even result in death. In fact, construction workers are more likely than workers in other industries to suffer a workplace injury or be killed on the job.
According to the Bureau of Labor Statistics, 5,333 workers died on the job in 2019. That’s more than 3 workers who die for every 100,000 people who work! On average, over 100 workers die each week from workplace injuries, or about 15 deaths every day. About 20% of those deaths are in the construction industry.
Workers’ compensation benefits exist to compensate families of construction workers who are killed on the job and to cover medical expenses and lost wages suffered by injured workers. […]
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Wilkes-Barre Workers’ Compensation Denials
Wilkes-Barre Workers’ Compensation Denial: Work With an Experienced Work Injury Attorney You Can Trust
Workers in any industry in Wilkes-Barre can be injured on the job. Many people assume that they will be protected by their employer’s workers’ compensation insurance should an accident occur. While many states (including Pennsylvania) require businesses to have workers’ compensation insurance, this does not mean that every claim gets approved. The reality is that the workers’ compensation claims process is complex, and an employer, or their insurance company, will likely look for any reason to deny an employee’s claim. Legitimate claims are often denied simply because there was a simple paperwork error. If you need assistance with a Wilkes-Barre workers’ compensation denial, the work injury attorneys at Munley Law Personal Injury Attorneys are ready to help.
While it is not uncommon for Wilkes-Barre workers’ compensation claims to be denied, […]
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What Happens If an Employer Doesn’t Report a Workplace Accident?
Pennsylvania workers’ compensation provides financial benefits to workers for job-related accidents and occupational diseases. With very few exceptions, every employee in PA is entitled to workers’ compensation benefits if they become injured or sick as a result of workplace accidents or working conditions. When you suffer a work-related injury or disease, you have the right to file a claim for workers’ compensation benefits. The state sets strict guidelines for workers and their families to follow in order to remain eligible for benefits.
Your employer also has responsibilities to file the correct paperwork, adhere to deadlines, and ensure their incident reports are filed with the state.
If you have been injured in a work accident and your claim for workers’ compensation benefits has been denied because your employer failed to file the legally required paperwork, call the expert workers’ compensation attorneys at Munley Law today. […]
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Semi Truck Accident Claims: What You Need To Know
Semi-truck accidents are a particularly devastating and complex type of road incident that can result in catastrophic consequences for all parties involved. The size, weight, and power of these large commercial vehicles present unique challenges when it comes to road safety, accident prevention, and subsequent legal proceedings. In this article, we will delve into the various aspects of semi-truck accidents, examining the common causes, the potential severity of injuries and damages, and the legal complexities surrounding these incidents. By gaining a deeper understanding of semi-truck accidents and the factors that contribute to them, we can work together to promote safer roads and more responsible driving practices within the trucking industry.
Navigating the aftermath of a semi-truck accident can be an overwhelming and daunting experience, especially when it comes to pursuing compensation for the damages and injuries sustained. Given the unique challenges and complexities associated with any accident it is crucial to understand the intricacies of semi-truck accident claims. […]
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Reading Workers’ Compensation: Specific Loss Benefits
A work injury can be devastating to you and your family. Missed work for recovery, medical visits, and the mountain of medical expenses related to your injury can lead to anxiety and fear for the future.
When you are hurt at work in Pennsylvania, you have a financial safety net called workers’ compensation insurance. Under Pennsylvania law, almost all employers in the commonwealth are required under the PA Workers Compensation Act to carry workers’ compensation insurance for all of their employees. Most employees, full-time, part-time, and even seasonal workers are eligible to receive workers’ compensation benefits for a work-related injury or illness.
Many different types of injuries are covered by PA workers’ compensation laws, including when a specific part of the body is hurt even when that injury does not cause you to miss work.
Injuries that cause loss of use of a body part, […]
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