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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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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Can I Sue After a Rear End Collision?
Hire an Experienced Car Accident Attorney to Help After Rear End Accident
Car accident lawyers will tell you that rear end collisions are unfortunately a fairly common part of driving; in fact, the Washington Post reported that there are approximately 1.7 million rear end collisions on U.S. roadways each year. What’s more, the Pennsylvania Department of Transportation reported in 2019 that almost 30% of car accidents in the state were rear-end collisions. But while these accidents are common, they still need to be taken seriously. Grave injury and extensive damage are both possible results of a rear-end accident, and if you’ve experienced an accident of this nature, you will want a trusted car accident lawyer to guide you through the process of receiving proper compensation.
After an accident, it’s possible that one party may reach out to the other with an initial settlement offer. […]
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What Injuries, Diseases and Illnesses are Covered by Workers’ Compensation?
Can I Receive Workers’ Compensation?
Workers’ compensation is an insurance program that provides a financial safety net for Pennsylvania workers who have suffered a work-related injury or occupational disease during the course of their employment. If you suffered an injury or have become sick from workplace conditions in PA, you have the right to receive workers’ compensation from your place of employment to cover your medical expenses and lost wages for your injury or illness.
The Pennsylvania Workers Compensation Act of 1915 mandated that all employers in PA provide workers’ compensation insurance for all employees. All Pennsylvania workers are covered for the entire period of their employment. Coverage begins on the first day on the job. Injuries or diseases caused or aggravated by workplace duties are covered under workers’ compensation, regardless of the employee’s previous physical condition.
If you are suffering from a work-related injury or disease, […]
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