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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Workers’ Compensation Lawyer for FedEx Warehouse Injuries
With more and more things going virtual because of the pandemic, there has been a huge increase in online shopping and on-demand delivery. While some companies create their own delivery networks, many contract out last mile partners, such as FedEx.
For every on-time delivery, the company’s warehouse teams put their bodies on the line, dealing with serious machinery, tight deadlines, and heavy loads. These unseen heroes are the ones who make sure birthday gifts arrive on time, necessities reach their destinations, and customers are satisfied.
In February of 2021, in York County, PA a FedEx warehouse went up in flames (WGAL). Thankfully, no one was hurt, but the same cannot be said of an accident in Tennessee. In December of 2020, a warehouse worker was killed by a shipping container. Upon investigation, OSHA found that the incident was perfectly preventable and fined FedEx for failing to provide workers with a safe environment (ProPublica). […]
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Workers’ Compensation for Amazon Warehouse Injuries
Ecommerce giant Amazon has maintained its dominance in the hyper-competitive retail landscape largely through its robust network of last mile delivery partners. With Amazon Prime, subscribers can expect same day, next day, or at most two day delivery of almost any product listed on their site. Other competitors, like Walmart, Etsy, and Home Depot, have struggled to keep pace with Amazon’s lightning-fast turnaround times.
The Strategic Organizing Center, a coalition of labor unions, found that 5.9 out of every 100 warehouse workers at Amazon are seriously injured on the clock, according to BBC. What’s more, SOC’s study also found that not only are Amazon warehouse workers injured more frequently, they are injured more severely as well, an inference supported by Amazon workers’ recovery periods. On average, Amazon warehouse workers who were injured on the job missed 46.3 days of work to recover from their injuries. […]
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Workers’ Compensation for Home Depot Warehouse Injuries
With people spending more and more time at home during the pandemic, home renovations hit record highs. Thanks to lockdowns, homeowners and renters alike cast critical eyes on the spaces they now spent twenty four hours a day in. Naturally, with this wave of home renovations, home stores like Home Depot saw huge bumps in pandemic induced purchases.
More specifically, Home Depot clocked a staggering $40 Billion in sales over the two year period of 2020 to 2021, according to Business Insider. Beyond customers, many Home Depot associates went above and beyond to serve customers during the pandemic. That includes warehouse workers.
Warehouses can be frightening places to work: serious machinery and tight deadlines are enough to make any person worry for their safety. Moreover, given the nature of many Home Depot products– lumber, power tools, large furniture, etc– there is an added element of danger that comes from working in a Home Depot warehouse. […]
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How Do I Know I’m Covered Under Workers’ Compensation?
Workplace accidents happen, and when they do the last thing an injured worker should have to worry about is whether coverage is in place to compensate him while he recovers.
Pennsylvania’s Workers’ Compensation Act requires employers to provide coverage for nearly all employees regardless of full-time, part-time, or seasonal status. However, volunteers and independent contractors may not be covered.
If you have been injured at work, let the workers’ compensation attorneys at Munley Law Personal Injury Attorneys help you get the most out of your compensation claim. Our workers’ comp lawyers will review your case, help you gather any documents you need, and work tirelessly until you win the compensation you are entitled to.
What is the Workers’ Compensation Act?
Pennsylvania’s Workers’ Compensation Act specifies compensation to workers who are injured in the workplace, […]
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Workers Compensation Lawyer for Sam’s Club Warehouse
Sam’s Club is a chain of warehouse stores that scores profits of $50 billion every year, boasting member-exclusive priced home and lifestyle products. However, due to the immense range of products and the speed with which the staff must work to process large order quantities, accidents amongst employees can happen. Some of these incidents could lead to life-altering injuries that require ongoing medical attention and lowered lifetime earning capacity.
The risk of injury is present for all American warehouse workers. In 2020 alone, there were 213,100 warehouse-related injuries reported in the US. The year prior, the warehouse industry saw the second-highest number of fatal workplace injuries in any industry.
If you’re one of the nation’s 100,000 Sam’s Club employees, you know that the company has faced some profiled injury settlements. As of January 2022, Sam’s Club operates 600 membership warehouse clubs in the United States. […]
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