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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Who Is Not Covered by Workers’ Compensation?
Injured on the Job? A Workers’ Compensation Lawyer Can Help You Understand Your Case
When a workplace accident occurs, many employees count on workers’ compensation claims to help cover their medical expenses and/or lost wages during recovery. Though it can require a bit of a battle, compensation is a right that many workers are entitled to.
However, some workers are not eligible to file workers’ compensation claims, which could leave them to cope with an injury alone. Determining whether you are eligible to claim workers’ compensation—particularly when an employer says you are not—can be challenging and it often boils down to whether you are an employee, directly supervised and directed by your employer, or whether you are an independent contractor, working on a particular project but given free reign on how the project or task is accomplished.
If you have been injured on the job, […]
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Workers’ Compensation for Fabri-Kal Warehouse Injuries
Understanding Workers’ Compensation for Fabri-Kal Warehouse Injuries
Over the last few years, warehouse injuries have become more common across the United States. Due to a combination of increased product demands, staffing shortages, and shipping delays requiring quick turnaround times for products to be prepared, more employees are getting hurt on the job.
When employees become injured at work, they need an advocate in their corner to help them through the workers’ compensation process. If you are employed by Fabri-Kal warehouses or have a similar occupation where you were injured on the job, the workers’ compensation lawyers at Munley Law Personal Injury Attorneys are here for you.
What Workplace Injuries Are Common At Warehouses Like Fabri-Kal?
In 2017, a man employed by the Mountain Top, Pennsylvania location of Fabri-Kal filed a personal injury lawsuit after an accident involving a tractor-trailer owned by the company caused injuries. […]
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When Should I Settle My Workers’ Compensation Claim?
Understanding Workers’ Comp Settlements
Figuring out when to settle is probably the most important decision you’ll make during a workers compensation case, second only to the decision of how much to settle for. Often though, these questions are addressed in tandem, as negotiation between parties can result in multiple settlement offers. However, because each case is unique, there is no magic number or straightforward timeline for when and how much to settle for.
For advice personalized to your case, please reach out to us today for your free consultation. Our team at Munley Law Personal Injury Attorneys has over 60 years of experience with workers’ compensation cases, and have won a number of multi-million workers’ compensation settlements for our clients.
What is covered by workers’ compensation?
If you are a resident of Pennsylvania and were injured in a workplace accident, […]
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What is the Average Value for Workers’ Compensation Settlements?
Understanding Workers’ Compensation Settlements
The average value for a workers’ compensation settlement is $42,008. But for a few reasons, this is not a reliable ‘average’ value for a workers’ compensation settlement. Settlements can range from $2,000 up to $40,000, or even into the millions in rare cases. Because all injuries are different, the average payout is not the best gauge of how much you can expect to receive if you settle. For example, the medical expenses alone for an injury that requires surgical care will likely be much higher than injuries that do not require such corrective action. As such, there is no “one size fits all” settlement. In this article, we will walk you through the basics of workers compensation, the settlement and claims process, and finally break down settlements by injury type.
Please be advised that the information below is loosely general. […]
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Types of Injuries Covered by Workers’ Compensation
What Injuries are Covered under Workers’ Compensation?
Recovering from a workplace accident can be a particularly trying time in any professional’s life. Different from a regular accident, workplace accidents often involve heavy machinery, may be more serious, and come with a whole slew of legal ramifications. What’s more, as an employee, you must navigate your return to work, which can put strain on an already fractured relationship with your employer. If you or a loved one was harmed in a workplace accident, Munley Law Personal Injury Attorneys expresses its deepest sympathies.
From counseling hundreds of clients successfully through the workers’ compensation process, we can say that the best thing to do in the wake of a workplace accident is to try to remain calm. Focus on your recovery, and all of the other pieces will fall into place. For more information on what to do after an accident, […]
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