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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Reading Workers’ Compensation and Third Party Claims
What is a Third Party Claim?
Workers’ compensation claims are specific to your employer’s workers’ compensation insurance and only cover your medical bills and lost wages. If you qualify for specific loss or death benefits if you are a dependent of a loved one who has lost their life due to a work injury, those are covered as well by workers’ comp insurance.
When you file a third-party personal injury claim, however, you can receive financial compensation for damages such as:
- Pain and suffering related to the injury or illness
- Wrongful death and loss of consortium in the event of a fatal injury or disease
- Cost of mental health treatments
- Punitive damages, ie financial damages designed to punish the responsible party for their recklessness or negligence
If your injury or occupational disease was caused by someone other than a co-worker or your employer, […]
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Wilkes-Barre Fatal Truck Accident Lawyer
Our Wilkes-Barre Fatal Truck Accident Attorneys Can Get You Justice
Truck accidents are some of the most destructive types of crashes that happen in Wilkes-Barre. Far too often, these truck crashes result in loss of life. A fatal truck crash can upend the lives of surviving family members and leave you devastated, looking for answers, and wanting justice. No amount of money can make up for the sudden loss of a beloved family member, but a lawsuit can hold the at-fault party accountable for their actions and bring you some future security so that financial burdens do not interfere with your ability to honor your loved one’s memory in peace.
If someone you love was killed in a fatal truck accident in Wilkes-Barre, contact the Wilkes-Barre truck accident lawyers at Munley Law. Our compassionate team of legal experts will answer your questions, […]
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What Should I Do After Getting Injured While on the Job?
Pennsylvania Workplace Injury Lawyers
If you’ve been injured on the job, you’re likely wondering what to do next. If you are considering filing a workers’ compensation claim in Pennsylvania, call the workers’ compensation lawyers at Munley Law today to schedule a free consultation. Our experienced team of professionals can help guide you through the workers’ compensation process. With Munley Law, you can rest assured that your case is in good hands.
What Should I Do After Being Injured on the Job?
If you’ve been injured in the workplace and don’t know what to do next, you should take the following five steps in recovering from your injury, recovering compensation, and protecting your rights:
Step 1: Report Your Injury and Seek Medical Care
Reporting your injury to your employer is the first step in a successful workers’ […]
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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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