What is a Claim?
A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.
What is a Claim?
Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.
Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.
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Workers’ Compensation For Pennsylvania Healthcare Workers
Healthcare workers face unique workplace hazards that can lead to serious injuries and illnesses. Understanding your workers’ compensation rights is essential for protecting your health and financial stability as a healthcare professional in Pennsylvania. At Munley Law, our experienced Pennsylvania workers’ compensation lawyers have helped numerous medical professionals secure the benefits they deserve after workplace injuries.
Are you a healthcare worker injured on the job? Contact Munley Law for a free consultation with a Pennsylvania workers’ compensation attorney who understands the unique challenges facing medical professionals.
Common Injuries in Different Healthcare Settings
The risks healthcare workers face vary significantly depending on their specific work environment. Understanding the particular hazards of your healthcare setting is the first step in protecting your rights after an injury.
Hospital Setting Injuries
Hospital environments combine fast-paced work with unpredictable patient conditions, creating numerous injury risks. […]
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Pre-Existing Conditions in Pennsylvania Workers’ Compensation
Pre-existing conditions can significantly complicate workers’ compensation claims when workplace activities worsen underlying health issues. At Munley Law, our experienced Pennsylvania workers’ compensation lawyer understands these complex cases and fights to ensure affected workers receive the benefits they deserve for legitimate work-related injuries.
Have work activities worsened your pre-existing condition? Contact Munley Law for a free consultation with an experienced Pennsylvania workers’ compensation lawyer.
Does Pennsylvania Workers’ Compensation Cover Pre-existing Conditions?
Workers’ compensation typically covers pre-existing conditions when job-related activities aggravate or accelerate the underlying condition beyond its natural progression. Coverage generally extends only to the work-related worsening, not the pre-existing condition.
Landmark legal cases have established that aggravation of a pre-existing condition constitutes a new injury under applicable laws when workplace activities materially worsen the condition. Courts have clarified that employers must take workers as they find them—the “eggshell skull” […]
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Returning to Work After a Workplace Injury in Pennsylvania
Returning to work after a workplace injury can be both physically and emotionally challenging. You may wonder about your rights, whether you’re ready to return, and how your benefits might be affected. At Munley Law, our experienced Pennsylvania workers’ compensation lawyers guide injured workers through the return-to-work process, ensuring their rights are protected and premature or inappropriate work assignments don’t compromise their recovery.
Facing pressure to return to work after an injury? Contact Munley Law for a free consultation with an experienced Pennsylvania workers’ compensation lawyer.
Understanding Return-to-Work Options in Pennsylvania
When recovering from a workplace injury, several return-to-work scenarios are possible:
Full duty return occurs when you’ve recovered completely and can resume all pre-injury job duties without restrictions. In this scenario, your wage-loss benefits end, but medical benefits continue for any ongoing treatment related to your work injury. […]
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Can I Change Jobs While on Workers’ Compensation in Pennsylvania?
If you’ve been injured at work and receive workers’ compensation benefits in Pennsylvania, you might consider changing jobs for various reasons. Perhaps you’re seeking better opportunities, need to relocate, or want a position accommodating your medical restrictions. However, changing jobs while on workers’ compensation requires careful consideration to protect your benefits.
Avoid losing workers’ compensation benefits by making employment changes without legal guidance. The experienced Pennsylvania workers’ compensation attorneys at Munley Law have protected injured workers’ rights for over 65 years. Call us today for a free consultation to discuss your specific situation.
How Changing Jobs Affects Your Workers’ Compensation Benefits
When considering a new job while receiving workers’ compensation in Pennsylvania, understanding how this transition affects your benefits is essential. Changing employers doesn’t automatically terminate your workers’ compensation claim, but it can impact various aspects of your benefits. Here’s what you need to know about how changing jobs affects your medical coverage and wage loss benefits:
- Medical Benefits Will Continue: Your right to medical treatment comes from when your work injury occurred. […]
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Workers’ Compensation and Dealing with Doctors
After a workplace injury, dealing with doctors and medical examinations can significantly impact your workers’ compensation claim. Insurance companies often prioritize their interests over yours, making it essential to have proper legal representation to protect your rights.
Don’t let insurance companies undervalue your workplace injury claim. The experienced Pennsylvania work comp attorneys at Munley Law have been fighting for injured workers’ rights since 1959. Call us today for a free consultation and learn how we can help you receive the full compensation and medical care you deserve.
Understanding Insurance Company Doctors and IMEs
When you file a workers’ compensation claim, the insurance company will require you to undergo an Independent Medical Exam (IME). While these doctors are presented as neutral third parties who assess your injuries, they are selected and paid by the insurance company.
These company-approved physicians may not prioritize your recovery or fairly evaluate your condition. […]
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