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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What Is the Difference Between a First-Party and Third-Party Claim?
When you are involved in an accident, you may wonder where you’ll get the compensation needed to recover. Is it your insurance who foots the bill or the other parties who may be at fault? Further, can you still file a lawsuit if you have insurance? First-party and third-party insurance claims are similar in what you can recover in many ways–the key difference is in who is held liable.
Here is what you need to know about first-party and third-party insurance claims.
What Is a First-Party Claim?
In essence, a first-party insurance claim is one where you as the victim of an accident or injury make a claim against your insurance. This means you’ve paid and have an insurance policy for such events and will recover compensation from that policy.
If you have insurance, […]
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Nursing & Medical Assistant’s Workers’ Compensation Lawyer
All work comes with its own unique set of risks and challenges, whether those are mental, physical, emotional, or some combination of all three. But nowhere are the risks and challenges more clear than in the healthcare field, where nurses and medical assistants often work 12 hour shifts that are both physically grueling and emotionally exhausting.
In fact, a 2016 study found that 5 percent of occupational injuries to RNs resulted in sprains, strains, or tears, and that these injuries occurred at a rate of 53.1 cases per 10,000 full-time workers. This rate is noticeably greater than the rate for all occupations as a whole (32.6 cases per 10,000 workers). Because people who work in nursing and medical assistance are at such a substantial risk of injury, it’s crucial that those in this industry are aware of their legal rights to workers compensation.
If you or a loved one has experienced an occupational injury or disease while working as a nurse or medical assistance, […]
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Hazleton Workers’ Compensation FAQ
Questions for a Hazleton Workplace Injury Lawyer
Workplace injuries are an unfortunate risk and reality for employees across all sectors. A city like Hazelton in particular poses an immense risk of workplace injury, due to the prevalence of warehouse jobs such as those at Amazon, UPS, Frito-Lay, and more. In a warehouse, the risk of something like a forklift-related injury alone is enough to make anyone nervous.
If you or a loved one has sustained a workplace injury, we are deeply sorry for your trauma. The good news is that. But we’d also like to assure you that there is help to be found, and that you may eligible to receive workers’ compensation. We understand that you, like many others, may be overwhelmed by this complex system and unsure where to start. You may also be nervous about consequences that could come from entering a potential legal battle with your employer. […]
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Hazleton Warehouse Workers’ Compensation Lawyer
Getting hurt at work is always a possibility, but of course, it’s far more likely at some jobs than others. Unfortunately, warehouse workers are at a high risk of sustaining an injury on the job. With so much equipment and heavy machinery in use at a single location, the odds of an accident inevitably rise. And advances in technology are not necessarily making things safer; in fact, Amazon warehouses in particular boast higher injury rates than most other warehouses of their kind. In 2020, Amazon warehouses in Pennsylvania reported 7.2 serious incidents for every 200,000 hours worked (a length of time that equates to 100 employees working full time for a year). This is nearly double the rate of other companies in the same state.
With all the dangers present in a warehouse, it’s crucial that employees understand their rights to workers compensation. This is especially true for residents of Hazelton, […]
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Does Workers’ Compensation Cover Pre-Existing Conditions?
Does Workers’ Compensation Cover Pre-Existing Conditions?
In general, if you have a pre-existing condition, workers’ compensation will not cover those ailments. However, in some cases where a workplace injury aggravates a pre-existing condition, an employee may be able to receive workers’ compensation benefits. These claims can often be met with resistance.
If you’re wondering, “Does Workers’ Compensation Cover Pre-Existing Conditions?” we can help. Learn more about what you need to know about pre-existing conditions and workers’ compensation benefits.
Pre-Existing Conditions and Workplace Injuries
If you are injured in a workplace accident and have a pre-existing condition, you must make note of that condition at the time of your workers’ compensation claim. While the pre-existing condition will not give you more money in a pay out, it helps protect you from being denied compensation should the employer later find out. […]
