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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When Should I Hire a Workers’ Compensation Lawyer?
Do I Need a Workers’ Compensation Lawyer?
When you have suffered a work injury, you might be wondering if you need a workers’ compensation lawyer and if so, where in the workers’ compensation process you should think about hiring a Pennsylvania workers’ compensation lawyer.
When you are injured at work or if you are suffering from an occupational illness, you are dealing with the anxiety of lost wages, mounting medical bills, and navigating the unfamiliar PA workers’ compensation system. After a work injury or diagnosis of an occupational disease, millions of injured workers wonder when is a good time to call a workers’ comp attorney. The short answer? Call for help as soon as you get hurt on the job or as soon as you have a diagnosis of your work-related illness.
The process for filing your workers’ comp claim may seem straightforward, […]
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What is an Impairment Rating Evaluation?
If you or your loved one have been injured at work and are seeking workers’ compensation, you may be required to undergo an impairment rating evaluation to determine the extent of whole-body impairment caused by the workplace injury.
When an employer or insurance company requests an Impairment Rating Evaluation (IRE), it is to evaluate the total or partial disability of the injured worker so as to ensure the appropriate amount of disability pay is provided. Currently, Pennsylvania law requires an employer to pay total disability benefits for any employee at or above 35 percent disabled.
Unfortunately, many times an employer requesting an IRE is looking to reduce the number of benefits they are paying out by getting an evaluation that reports less than 35 percent disabled.
It is important that you or your loved one consult with an experienced workers’ compensation lawyer if you receive a notice for an impairment rating evaluation. […]
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Can You Be Fired After Filing for Workers’ Compensation?
Could You Be Fired After a Workplace Injury?
The short answer is “no”. It is illegal for an employer in Pennsylvania to fire an employee for filing a workers comp claim. PA workers’ compensation law prohibits employers from terminating an injured worker for:
- Reporting a work-related injury or disease
- Filing a workers’ compensation claim
- Having a workers comp claim approved
- Receiving workers comp benefits
If you have recently opened a PA workers comp claim or if you have recently reported a work-related injury or illness to your employer and you believe you are experiencing punitive actions such as unfair treatment or if you have been fired, you need to contact an experienced and skillful Wilkes-Barre workers’ compensation attorney at Munley Law to help you prove your employer’s actions were unlawful.
How Does Workers’ […]
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What Are the Emergency Procedures a Truck Driver Must Take After a Truck Accident?
Truck drivers must comply with all regulated requirements for emergency efforts after a truck accident
Certain emergency procedures must be put into practice after a truck accident, and these efforts are mandatory for truck drivers. The Federal Motor Carrier Safety Administration (FMSCA) mandates rules and regulations to ensure safe roads, and trucker drivers have a definitive list of timely measures and protocols that must be taken when driving, and in the event of a truck accident.
If you or your loved one have been involved in a truck accident, dealing with the details and aftermath can be frustrating, stressful, and devastating: reach out to an experienced truck accident lawyer with a successful track record to get the support and guidance to ensure that no stone is left unturned. An experienced truck accident attorney at Munley Law has the resources and expertise to deal with commercial company’s representation and to fight for the compensation that you deserve. […]
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Wilkes-Barre Workers’ Compensation Death Benefits
Workers’ compensation and death benefits are important protections for employees who are injured or killed on the job in Wilkes-Barre, Pennsylvania. These programs provide financial support and medical care for workers who suffer job-related injuries or illnesses, as well as benefits for the families of workers who are killed in workplace accidents.
The workers’ compensation attorneys at Munley Law have years of experience navigating the claims process with injured employees. We have won millions for our clients and are confident we can do the same for you. Call today for a free consultation with a seasoned workers’ comp lawyer who will be able to secure the compensation you deserve.
What is Workers’ Compensation?
Workers’ compensation was enacted in 1915 as the Workmen’s (Workers’) Compensation Act. It is a form of insurance that provides financial benefits to workers who are injured or become ill from their job duties. […]
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