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 Lawyer for Walmart Warehouse Injuries
Workplace injuries are common, especially in warehouse settings with many moving parts. However, when you are injured at work, you may wonder what rights you have. Even more, you may wonder if the size of the company you are employed with will impact the value of your claim.
Munley Law Personal Injury Attorneys is here for warehouse workers seeking a workers’ compensation lawyer.
Potential Dangers in Walmart Warehouses
From moving machinery, forklifts, ladders, toxic chemicals, and slick floors, warehouses are full of potential dangers for employees. These spaces are often busy, no matter the time of day your shift may be.
While companies both large and small owe a duty of care to their employees to maintain safe working conditions, sometimes accidents occur.
In those cases, employees may need to seek a workers’ compensation claim. Common workplace injuries in Walmart warehouses include:
- Muscle strains/pulls
- Cuts
- Eye injuries
- Contusions
- Sprains
In a study of a Walmart Distribution Center in Mount Crawford, […]
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Workers’ Compensation Lawyer for Cintas Warehouse Injuries
Each year, thousands of workers find themselves injured and unable to work due to a workplace injury. While these incidents are common, workers’ compensation and the rights of employees–specifically warehouse workers, go undiscussed.
If you are employed by a Cintas warehouse in Luzerne County or another large business and are in need of legal representation, the workers’ compensation lawyers of Munley Law Personal Injury Attorneys are here for you.
Cintas Warehouse Injuries, Death
Cintas is an industrial laundry service serving businesses across the United States. Commonly, these warehouses utilize massive dryers, conveyor belts, and other large machines.
Unfortunately, in these settings, workplace injury and death are common.
In 2007, the company was cited for safety violations when an employee shattered his arm in a workplace accident. The Washington Industrial Safety and Health Administration (WISHA) found that Cintas had multiple violations including:
- Lack of employee safeguards from rotating or revolving parts in machines; […]
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Workers’ Compensation Lawyer for TJ Maxx Warehouse Injuries
When a workplace injury occurs, you likely are filled with panic of the prospect of lost wages, unpaid medical bills, and the unknown of when and if you can return to work. For TJ Maxx warehouse employees, the physical demands of the position make them susceptible to workplace injury. However, they may not know who to turn to when an accident occurs.
The Munley Law Personal Injury Attorneys workers’ compensation lawyers are ready to represent TJ Maxx warehouse employees in their workers’ comp claims.
Common Workplace Injuries in TJ Maxx Warehouses
Warehouse employees know that the hustle and bustle of these spaces in and of themselves can be dangerous. From forklifts transporting heavy pallets to loud noises and large machinery, accidents occur even to the most trained employee.
However, as time progresses, technology has taken on many roles in manufacturing, […]
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Workers’ Compensation Lawyer for FedEx Warehouse Injuries
With more and more things going virtual because of the pandemic, there has been a huge increase in online shopping and on-demand delivery. While some companies create their own delivery networks, many contract out last mile partners, such as FedEx.
For every on-time delivery, the company’s warehouse teams put their bodies on the line, dealing with serious machinery, tight deadlines, and heavy loads. These unseen heroes are the ones who make sure birthday gifts arrive on time, necessities reach their destinations, and customers are satisfied.
In February of 2021, in York County, PA a FedEx warehouse went up in flames (WGAL). Thankfully, no one was hurt, but the same cannot be said of an accident in Tennessee. In December of 2020, a warehouse worker was killed by a shipping container. Upon investigation, OSHA found that the incident was perfectly preventable and fined FedEx for failing to provide workers with a safe environment (ProPublica). […]
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Workers’ Compensation for Amazon Warehouse Injuries
Ecommerce giant Amazon has maintained its dominance in the hyper-competitive retail landscape largely through its robust network of last mile delivery partners. With Amazon Prime, subscribers can expect same day, next day, or at most two day delivery of almost any product listed on their site. Other competitors, like Walmart, Etsy, and Home Depot, have struggled to keep pace with Amazon’s lightning-fast turnaround times.
The Strategic Organizing Center, a coalition of labor unions, found that 5.9 out of every 100 warehouse workers at Amazon are seriously injured on the clock, according to BBC. What’s more, SOC’s study also found that not only are Amazon warehouse workers injured more frequently, they are injured more severely as well, an inference supported by Amazon workers’ recovery periods. On average, Amazon warehouse workers who were injured on the job missed 46.3 days of work to recover from their injuries. […]
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