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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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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What Should I Do If I Am Involved in Lyft Car Accident? or Hit by an Uber Driver?
If your car is hit by an Uber driver or you are involved n a Lyft car accident, you may be able to collect damages, especially if you were injured. In general, it will largely depend if the driver was “on the clock” when they hit you, or if they were driving as an individual. This will determine who is responsible for your losses.
If you were involved in an accident with a Uber, Lyft or another rideshare driver, the car accident attorneys at Munley Law Personal Injury Attorneys can help you through the legal process.
What You Need to Know About Uber or Lyft Car Accidents
Who you can take legal action against following a car accident involving a rideshare driver will depend if the rideshare driver was logged into the app and working, or already off the clock. […]
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Workers’ Compensation for Construction Workers in Pittsburgh
While many sectors like food, entertainment, and hospitality faced serious downturns during the pandemic, the construction industry was able to survive unscathed. With lockdowns increasing the time we all spent at home, the demand for new buildings increased. In fact, the Philadelphia Inquirer notes that more homes were built in Pennsylvania in 2021 than in any year since 2006.
In addition to increased demand for housing, the pandemic also created an increased apetite for home renovations– an added revenue stream for the already booming construction industry. Home renovation platform, Houzz, notes that home renovations in 2020 hit record numbers. According to its year-end study, home renovations were up by at least 15% in 2020, with homeowners spending a median amount of $15,000 on their home renovation projects (Houzz & Home 2021 Study).
As such, the construction industry did not just survive, […]
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Healthcare Workers’ Compensation Lawyer in Pittsburgh
Workers’ compensation exists because, unfortunately, workplace injuries and illnesses are simply a reality across all professions. However, there are some jobs and industries that have far higher rates of accidents and injuries. The U.S. Bureau of Labor Statistics lists health services as one of the ten industries with the highest rates of fatal workplace injuries. Additionally, OSHA reports that in 2019, hospitals recorded 221,400 work-related injuries and illnesses. That is a rate of 5.5 work-related injuries and illnesses for every 100 full-time employees, far higher than the right for most private sector jobs.
If you or a loved one is a healthcare worker and has experienced a workplace injury or illness, we are so sorry. We can’t undo your experience, but we can stand beside you as you fight to seek your rightful compensation. In many cases, a workers’ compensation claim is the best way to make sure your medical bills are paid and your lost wages accounted for after a workplace injury. […]
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