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.
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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Construction workers say productivity trumps safety
In America’s deadliest industry, construction workers say safety takes a back seat
A recent National Safety Council survey found that more than half of construction workers (58%) perceive that safety takes a back seat to productivity on their job sites.
To gauge employee perceptions about workplace safety, the NSC interviewed 2,000 American workers across 14 industries.
Of construction workers surveyed, 51% say management does the bare minimum when it comes to safety; 47% say they’d feel afraid to report a safety issue. These numbers are alarming, especially considering the fact that construction has more workplace fatalities than any other industry in the U.S.
No worker should feel stuck between losing their job, or losing their life. Marcy Goldstein-Gelb, co-executive director of the National Council for Occupational Safety and Health said,“When workers can’t speak up, […]
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Drugged driving a greater concern than drunk driving
Opioid addiction, drug use, and reliance on pain medication have come into the national and local spotlight as they claim more and more lives. A new study has illuminated another side of this issue: drugged driving is on the rise.
“The number of American drivers killed in car crashes in which drugs were detected has eclipsed those killed in crashes where only alcohol was found.”
The Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility found that 43% drivers killed in crashes tested positive for drugs, illegal and prescription, compared to 37% who tested positive for just alcohol.
Drugged driving is more complicated than drunk driving
The data in this study is imperfect. The study only reflects drivers who were tested; not all drivers in all states get tested after a fatal crash; […]
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Pennsylvania Among the U.S. States with the Most Dog Bites
Dog Bite Prevention Week
Dog Bite Prevention WeekApril 9-15 is Dog Bite Prevention Week. The American Humane Association, the U.S. Postal Service, and other groups observe this week each year in an effort to help reduce the number of dog bites nationwide.
This year, multiple reports have come out indicating that dog bites increased in 2016. According to the USPS, More than 6,700 postal workers suffered a dog bite last year. That’s 200 more than in 2015. Some researchers connect this increase with the growing popularity of online shopping and home delivery services.
The Insurance Information Institute and State Farm also report that dog bites increased by as much as 18% overall last year. Note that this number may other types of include dog-related incidents – not just bites.
Which states experience the most dog bites? Pennsylvania ranks #4 in the country, […]
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How Much Will I Be Paid for Lost Wages?
As Pennsylvania workers’ compensation lawyers, we often find that one of the most common problems related to workers’ comp is how little people know about it. If you’ve never been hurt at work before, the claims process can be confusing. You’ll probably have lots of questions about how and when you can recover your lost wages.
One of the most common ones is: How much will I be paid for my lost wages?
If you suffer an injury on the job that prevents you from being able to work, workers’ compensation insurance exists to cover your medical bills and your wages until you can work again. In this way, workers can recover their losses without resorting to a lawsuit. Just how much you will receive, however, can vary.
Typically, you’ll receive compensation benefits for 2/3 (or 66.6%) of your average weekly wage. […]
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Some Valuable Information about Nail Gun Accidents
Nail guns are extremely valuable tools to both the construction industry and regular consumers. Unfortunately, the Center for Disease Control and Prevention (CDC) reports that nail gun accidents account for approximately 37,000 emergency room visits each year. Of those injured, nearly seventy percent were injured in the course of their employment. The balance of the people were consumers using the nail guns for non-business related tasks.
It’s not difficult to imagine how a nail gun accident might occur. For those who are injured while at work, it is important to file a workers’ compensation claim. You can find answers to many of your questions concerning workers’ compensation procedures here.
What if there was a problem with the nail gun? Whether you were injured in the course of your employment or not, you may have another type of claim. […]
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