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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Third Party Claims & Workers’ Compensation Lawyer in Hazleton
If you have sustained an injury or occupational disease or death while at work, you are likely exhausted and overwhelmed. And you are not alone; in fact, a report from the Bureau of Labor Statistics stated that, in 2020, “there were 2.7 million nonfatal workplace injuries and illnesses reported by private industry employers.” The good news is that you are very likely eligible to receive workers’ compensation, which can relieve some of your financial burden and cover things like medical bills and lost wages.
In addition to filing for workers’ compensation, you may also be wondering if you’re able to sue a third party who played a role in your accident or injury. If you were injured in the Hazelton, PA area, and a third party (meaning anyone outside your employer and coworkers) was involved in your case, the answer is most likely yes. Did a piece of machinery malfunction? […]
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Nursing & Medical Assistant’s Workers’ Compensation Lawyer
All work comes with its own unique set of risks and challenges, whether those are mental, physical, emotional, or some combination of all three. But nowhere are the risks and challenges more clear than in the healthcare field, where nurses and medical assistants often work 12 hour shifts that are both physically grueling and emotionally exhausting.
In fact, a 2016 study found that 5 percent of occupational injuries to RNs resulted in sprains, strains, or tears, and that these injuries occurred at a rate of 53.1 cases per 10,000 full-time workers. This rate is noticeably greater than the rate for all occupations as a whole (32.6 cases per 10,000 workers). Because people who work in nursing and medical assistance are at such a substantial risk of injury, it’s crucial that those in this industry are aware of their legal rights to workers compensation.
If you or a loved one has experienced an occupational injury or disease while working as a nurse or medical assistance, […]
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Does Filing A Workers’ Compensation Claim Affect Employment?
Worker Compensation Claims and Employment
There are regulations guiding what employers can and cannot ask you when searching for a new job. Worrying about the pain and suffering caused by an on-the-job injury can be stressful. Many employees also worry about how a previous workers’ compensation claim will affect future employment prospects. The reality is that all workers have the right to seek compensation for their injuries. Furthermore, prospective employers should not judge you based on prior injuries or claims made with the workmans’ comp insurance system.
According to the Bureau of Labor Statistics, there were 2.7 million nonfatal injuries and illnesses in private workplaces. While that was a decrease from the previous year, that’s still a significant number of employees who faced hardship due to on-the-job injury. A workers’ compensation claim shouldn’t prevent you from gainful employment or caring for your family in the future. […]
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Will My Employer Pay For An Employee Who Is Out On Workers’ Compensation?
On-the-job injuries affect both you and your family, causing immense pain and suffering while making it difficult to pay your bills. Lost wages, medical bills, and the inability to go to work can cause you and your loved ones all kinds of stress. But while you may be the beneficiary of o0ne of several workers’ compensation programs — according to the U.S. Department of Labor, there are various types of benefits provided to workers injured on the job — you may be wondering whether or not your employer will continue to pay you too.
Employers do not continue to pay their employees while they are receiving workmans’ comp. Instead, injured workers receive periodic or lump-sum payments from a workers’ compensation insurance plan. The plan will usually provide you with a percentage of your paycheck, giving you and your family the ability to pay your bills and live your life while you are unable to work. […]
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Hazleton Workers’ Compensation FAQ
Questions for a Hazleton Workplace Injury Lawyer
Workplace injuries are an unfortunate risk and reality for employees across all sectors. A city like Hazelton in particular poses an immense risk of workplace injury, due to the prevalence of warehouse jobs such as those at Amazon, UPS, Frito-Lay, and more. In a warehouse, the risk of something like a forklift-related injury alone is enough to make anyone nervous.
If you or a loved one has sustained a workplace injury, we are deeply sorry for your trauma. The good news is that. But we’d also like to assure you that there is help to be found, and that you may eligible to receive workers’ compensation. We understand that you, like many others, may be overwhelmed by this complex system and unsure where to start. You may also be nervous about consequences that could come from entering a potential legal battle with your employer. […]
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