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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How Do I Get Workers’ Compensation in Pennsylvania?
It is estimated that for every 100 full-time employees, 3.1 will file a workers compensation claim in a given year. But when you’re that injured employee at work, you may be wondering, how to get workers’ compensation benefits in Pennsylvania.
At Munley Law Personal Injury Attorneys, our workers’ compensation attorneys will guide you through the process to help make your workers compensation claim a smooth transition from work to recovery.
How to File A Pennsylvania Workers’ Compensation Claim
Before you begin the process of filing a workers’ compensation claim, you need to know if you even have a case.
In Pennsylvania, almost all workers’ are entitled to workers compensation benefits from their employers with some exceptions. So, if you are a Pennsylvnia employee who meets the employee status criteria, that’s one step closer to filing a successful claim. […]
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Workers’ Compensation for Joint Injuries
When your job requires constant movement like lifting, reaching, twisting, or squatting, your joints will likely take a beating. Whether it is a repetitive motion injury that results in joint damage or a sudden movement that causes injury, these acts can result in long-term health complications. While these workplace injuries sometimes just require some rest and short-term recovery, they can oftentimes result in chronic illness. If this happened to you, you are entitled to receive workers’ compensation for joint injuries.
If you have suffered from joint injuries because of your occupation, the workers’ compensation attorneys of Munley Law Personal Injury Attorneys are here to help.
Common Joint Injuries From Occupational Risks
Musculoskeletal disorders, ergonomic injuries, or simply, joint injuries, occur from the use of muscles, tendons, and ligaments to perform frequent tasks. These motions can cause pain and eventually injury. […]
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What Should I Do If I’ve Been Exposed to Toxic Chemicals at Work?
Working in certain industries leaves some workers more susceptible to toxic exposure in the workplace. However, many workers are unsure what they should do if they’ve been exposed to toxic chemicals at work. They may fear the loss of their job, retaliation from their employer, or an inability to stay in their field if they report the exposure, or come forward with their workplace concerns.
If you have been exposed to toxic chemicals in the workplace, the toxic exposure attorneys of Munley Law Personal Injury Attorneys are here for you.
What Employees Need to Know
According to the U.S. Bureau of Labor Statistics, in 2017, 41 employees in the United States died on the job after a single exposure of inhaling chemicals and chemical products. However, many employees suffer from long-term exposure in the workplace where the implications are not felt for sometimes months or even years. […]
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What to Do If You’re Hurt at Work
Workplace accidents happen–in fact, they impact roughly 2.8 million workers yearly. However, when an accident occurs, you may be wondering what to do if you’re hurt at work. At Munley Law Personal Injury Attorneys, we support Pennsylvania workers who are in need of legal assistance when it comes to workplace accidents and illnesses and we can do the same for you.
Pennsylvania Workers’ Compensation Process
If you’re hurt at work, the first thing you should do is seek medical attention. This is important because your medical files will serve as important documentation for the injury or illness and allow you to receive workers’ compensation benefits.
Upon receiving medical attention, injured workers will need to inform their workplace supervisor. This begins the formal process of filing for workers’ compensation. While taking time of off work or missing out on wages may be the last thing on your mind, […]
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Workers Compensation Lawyer for Greiner Packaging Warehouse Injuries
Are you or a loved one employed by a Greiner Packaging warehouse and have recently suffered injuries while on the job? At Munley Law Personal Injury Attorneys, our workers’ compensation lawyers help protect those who have suffered from Greiner Packaging warehouse injuries to move forward with recovery.
About Greiner Packaging
For more than 60 years, Greiner Packaging has served the public as a plastic fabrication company with over 30 locations in 19 countries around the world. Employing more than 11,500 employees, Greiner Packaging warehouses produce a wide range of products from yogurt containers to detergents and everything in between.
How Injured Greiner Packaging Warehouse Employees Can Seek Workers’ Comp
According to the Centers for Disease Control and Prevention, workers’ compensation was created to provide partial medical and income protection to employees who became ill or injured in their line of work. […]
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