Claim

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.

More information about Claim

Can I Get a Settlement from Workers’ Compensation If I Go Back to Work?

Returning to Work During Workers’ Comp Claim

amazon workers warehouse work injury lawyer After an injury on the job, you will have many questions about how to proceed. One may be: “Can I get a settlement from workers’ compensation if I go back to work?” The answer to that is yes. If your doctor has cleared you to work, and your injury won’t get in the way of performing your normal duties, then you are expected to return. This will not impact your workers’ compensation claim.

The workers’ compensation insurance program is a sure way to protect both employers and employees in the state of Pennsylvania. The Workman’s (Workers’) Compensation Act of 1915 ensures that employees’ medical needs and lost wages are covered in the event of a workplace accident. At the same time, it protects employers against crippling lawsuits from injured workers.

You should always remember, […]

Can I Sue Workers’ Comp for Pain and Suffering?

Exploring Pain and Suffering Workers Comp Claims

After a job injury, there can be damages beyond the physical. If you’re wondering “Can I Sue Workers’ Comp for Pain and Suffering?,” the short answer to this important question is no. The Pennsylvania Workers’ Compensation Act does not allow employees to collect damages for pain and suffering after a workplace accident. According to the law, workers may only collect workers’ comp benefits for medical expenses and lost wages.

However, even though an employee cannot recover pain and suffering damages through workers’ compensation, there are still legal options they should explore. There are certain situations where a worker can file a third-party claim against another party or parties who were responsible for your work-related injury. For example, if you are a construction worker and suffer a work injury due to the negligence of the general contractor, […]

Can I Change Jobs While on Workers’ Compensation in Pennsylvania?

How to Consider Job Changes While on Workers Comp

amazon workers warehouse work injury lawyer If you’re on workers compensation after a work injury, but looking for a new job, you may be asking: Can I change jobs while on workers’ compensation in Pennsylvania? The answer to this question is a bit complicated and has multiple layers to it, which we will break down in this article. The first layer of the answer is: your workers’ compensation claim is based on when your work-related injury occurred. If you qualified for workers’ compensation at the time of the injury, then you are eligible to receive those benefits after suffering a work injury.

If you quit your job while on workers’ compensation, your former employer’s workers’ compensation insurance must still pay for medical treatment that is reasonable and necessary to the work injury. If you are currently receiving total disability wage loss benefits, […]

Can I Lose My Job While on Workers’ Compensation in Pennsylvania?

A Lawyer Can Help Navigate Workers Comp Process

worker-compensations If you’ve been injured on the job, you may be stressed and wondering “Can I lose my job while on workers compensation in Pennsylvania?” The Pennsylvania workers’ compensation program can seem confusing and intimidating to an employee, especially if you’re trying to navigate it on top of dealing with a workplace injury. We will break down exactly what workers’ compensation is, how you can access it, and what to do if you’re facing termination in the process of your claim.

Aside from seeking medical attention for your work injury, the most important thing you can do to protect yourself is hire an experienced Munley Law Personal Injury Attorneys workers’ compensation attorney to help protect your rights. Munley workers’ comp lawyers offer a free consultation to prospective clients where they will answer any question you have regarding your claim. […]

Can I Be Fired While on Workers’ Compensation in Allentown?

Injured on the Job? You Have a Right to Workers Comp

scranton workers compensation lawyer If you were injured on the job in Allentown Pennsylvania, you may be asking “Can I be fired while on workers’ compensation in Allentown?” The answer is you have rights to compensation. Unfortunately, there are Allentown employers who do not want to pay fair compensation to their hurt employee and will terminate the employee unjustly for seeking workers’ compensation. This is illegal.

You have a right to workers’ compensation following a workplace injury and no employer has the right to terminate you for filing a claim. It can, however, be difficult to prove that your employer wrongfully terminated your position for filing a claim. This is where our Allentown workers’ compensation attorneys come in. They have been fighting for the rights of people like you for over 60 years. […]