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.
More information about Claim
Wilkes-Barre Workers’ Compensation for Corrections Officers
Wilkes-Barre Workers’ Compensation: Injury Claims for Corrections Officers
Workers’ compensation for corrections officers, or any category of jail or prison worker, should be easy to obtain, following a proven on-the-job injury. Managing inmates with records of violence is one of the riskiest professions, according to statistics. Yet achieving approval for workers comp payments when injured is not always simple. All too often, officers with worthy claims encounter obstacles. If you or someone you know was injured while working as a corrections officer at the Luzerne County Correctional Facility or a jail or prison in or near Wilkes-Barre, Pennsylvania, a knowledgeable, conscientious Wilkes Barre workers’ compensation attorney at Munley Law Personal Injury Attorneys may be able to help.
When a corrections officer suffers a workplace injury, it’s important to follow the steps mentioned in this post. Each requirement should be completed on time via the proper channels. […]
Read MoreMore information about Claim
Workers’ Compensation for Repetitive Stress and Strain Injuries in Wilkes-Barre
Have You Experienced a Repetitive Injury On the Job? We Can Help.
In 2019, over 17,000 people were injured because of repetitive actions in the workplace, according to the U.S. Bureau of Labor Statistics. These injuries are called repetitive strain injuries or repetitive stress injuries. Most repetitive injuries are caused by doing actions that a person might not think would cause an injury, such as typing, repeatedly using the same tool, and always doing the same motion as part of your job.
A repetitive strain injury happens when a worker’s muscles or joints become strained when repeatedly doing the same motions at work. A repetitive stress injury causes damage to the muscles, nerves, ligaments, or tendons of workers who do the same task repeatedly on the job.
For example, a strain to the back or to the wrist that causes low back pain or carpal tunnel syndrome are typical kinds of repetitive strain injuries. […]
Read MoreMore information about Claim
Carbondale Truck Accident Lawyer
If you were injured in a truck accident, our Carbondale truck accident lawyers can help.
A trucking accident can change a victim’s life drastically. With some of the major highways in Pennsylvania running around or through Carbondale, getting into a truck accident is extremely likely. When this occurs, you’ll need a Carbondale truck accident lawyer who has the knowledge needed to take on the trucking company and secure compensation that will take care of your injuries. You need Munley Law.
If you or someone you know was injured in a crash with a large commercial truck, our Carbondale truck accident lawyers are ready to fight for you. Schedule a free consultation with the nation’s premier truck accident lawyers at Munley Law today.
Do I Need a Carbondale Truck Accident Lawyer?
As the injured victim in a trucking accident, you may be able to bring a lawsuit against the negligent party to get compensation for your injuries. […]
Read MoreMore information about Claim
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. […]
Read MoreMore information about Claim
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, […]
Read More
