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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When to Hire a Workers’ Comp Lawyer
How Do You Know When to Hire an Injury Lawyer?
Getting hurt on the job can cause big problems. Workplace injuries can be serious, and even result in death. According to the Bureau of Labor Statistics, 2.7 million workplace injuries and illnesses occurred in 2020. If you were injured on the job, you may need to miss work to deal with expensive medical treatment, lengthy and costly rehabilitation.
Thankfully, there are workers’ compensation benefits to cover injured workers’ medical expenses and lost wages. These benefits can also compensate families of workers who are killed on the job. By filing a workers’ comp claim, you can recover the compensation you deserve to cover the costs of your injuries.
But how do you know when you need to hire a workers’ compensation lawyer to handle your claim? Munley Law Personal Injury Attorneys workers’ […]
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Can I Get a Settlement from Workers’ Compensation If I Go Back to Work?
Returning to Work During Workers’ Comp Claim
After an injury on the job, you will have many questions about how to proceed. One may be: “Can I get a settlement from workers’ compensation if I go back to work?” The answer to that is yes. If your doctor has cleared you to work, and your injury won’t get in the way of performing your normal duties, then you are expected to return. This will not impact your workers’ compensation claim.
The workers’ compensation insurance program is a sure way to protect both employers and employees in the state of Pennsylvania. The Workman’s (Workers’) Compensation Act of 1915 ensures that employees’ medical needs and lost wages are covered in the event of a workplace accident. At the same time, it protects employers against crippling lawsuits from injured workers.
You should always remember, […]
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Is it Worth Getting an Allentown PA Workers Comp Attorney?
Workers Comp Attorneys Help You Recover
If you’re asking, “Is it worth getting an Allentown PA workers comp attorney? The answer is yes. When employees suffer work related injuries, they deserve workers compensation and it’s not always an easy process. The Pennsylvania Workers’ Compensation Act is meant to protect both the employee and the employer through a benefit program where employees are compensated for medical treatment and lost wages associated with workplace injuries and illnesses.
Employers provide the cost of the coverage and in return, are protected from direct lawsuits by their employees. Not all workers’ compensation (informally known as workers’ comp) cases are cut and dry. It is beneficial for an employee to seek legal advice before filing a workers’ comp claim.
The workers’ compensation attorneys at Munley Law Personal Injury Attorneys have a proven track record of securing fair compensation for their clients. […]
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How Much Does an Allentown PA Workers’ Compensation Attorney Cost?
How Much Does an Allentown PA Workers’ Compensation Attorney Cost?
Filing a workers’ compensation claim can be intimidating. There is a lot of paperwork and rules to follow. While trying to cope with a work injury or work related illness, you are also dealing with questions swirling in your head: what if your request is denied? How will you make ends meet while you’re out of work?
If you’re also asking yourself “How much does an Allentown PA Workers’ Compensation Attorney Cost?” there’s good news. The lawyers at Munley law do work on a contingency basis. That means you will not pay them unless a verdict or settlement is reached in your favor.
When you hire a Munley law workers’ compensation attorney, you will receive a team of expert lawyers who will guide you through the claims process and use creative legal tactics to secure the financial compensation you deserve. […]
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Allentown Workers’ Compensation Death Benefits
Does Workers’ Compensation Pay for Death Benefits?
Under Pennsylvania’s workers’ comp laws, a deceased workers’ family member can file a claim when an employee dies while on the job, so long as workplace injuries or death happened on the job. Unfortunately, employers and insurance companies may deny workers’ compensation death benefits to the surviving family members, even though the injured workers’ claims are valid. When this happens, an Allentown workers’ compensation attorney can help your family receive the compensation you deserve.
How Much Compensation Can a Family Receive After a Worker Dies?
The compensation a family can receive following a worker’s death is calculated as a percentage of the deceased worker’s weekly salary. There is a weekly maximum on death benefits set by Pennsylvania law based on the state’s average salary.
In Pennsylvania, roughly 85 employees died in 2021 as a result of work-related accidents. […]
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