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.

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Maximum Medical Improvement in Workers’ Compensation

Reaching Maximum Medical Improvement (MMI) means your condition has stabilized, but it does not mean your workers’ compensation case is over. You may still need care, and your ability to work could be limited in ways that impact your benefits. A Pennsylvania workers’ compensation lawyer with Munley Law can help you figure out what this point means for your claim and what steps come next.

What is Maximum Medical Improvement (MMI) in Pennsylvania Workers’ Comp?

Maximum medical improvement is the point where your medical condition becomes stable. It does not mean you are fully healed or that your treatment is finished. It means your doctor believes your condition is unlikely to improve further with additional care.

Reaching MMI is an important part of the workers’ compensation process. Once your doctor places you at MMI, they will complete a final evaluation and may assign an impairment rating. […]

Workers’ Comp vs Personal Injury – What’s the Difference?

If you’ve been seriously injured, you may be drowning in medical bills, financially struggling, and unsure where to turn. Everyone seems to have advice, and you hear the words workers’ comp and personal injury thrown around a lot. While both provide compensation after an accident, it is important to understand the differences to determine the best option in your case. Workers Comp vs Personal Injury - What's the Difference?

Key Differences Between Workers’ Compensation and Personal Injury Claims

Both workers’ compensation and personal injury claims relate to injury, so you may wonder, what is the difference?

Workers’ Compensation

An injured employee can file a workers’ compensation claim when injured at work or through the scope of their employment. Workers’ compensation aims to protect injured workers first and foremost.

Personal Injury

These lawsuits are appropriate when a third party has injured you. Personal injury claims are your best option if you have suffered an injury that is not work-related (for example, […]

Pre-Existing Conditions in a Workers’ Compensation Claim

Pennsylvania workers’ compensation laws exist to protect employees with work-related injuries. But what if your injury is connected to a pre-existing injury or condition?

While your employer or their insurance company may suggest you aren’t eligible for workers’ compensation, that is not the case. You have rights under Pennsylvania and federal law.

If you have questions about your eligibility or need help fighting for the compensation you deserve, schedule a free consultation with a workers’ compensation attorney at Munley Law. We can help you understand your legal options and will fight for your rights.

Understanding Pre-Existing Conditions in Workers’ Comp Cases

For workers’ compensation purposes, a pre-existing condition is any prior medical condition that an employee has experienced before beginning work with your organization.

Common pre-existing conditions of injured workers include:

Back and spine injuries
Arthritis and joint problems
Knee injuries
Carpal tunnel syndrome
Heart conditions
Asthma and respiratory issues
Mental health conditions
Genetic predispositions

For workers’ […]

Scaffolding Accident Lawyer

Scaffolding accidents are among the most common causes of construction site injuries. From falls to equipment malfunctions, these accidents can result in long-term physical, mental, and emotional challenges. What makes these cases particularly complex is the number of potential parties responsible, from the scaffolding manufacturer to the employer, or even a subcontractor. Scaffolding Accident Lawyer

After an accident, knowing your legal rights helps you get fair payment for your medical bills, missed work, and other hardships. Our scaffolding accident lawyers have extensive experience with workplace injury cases and insurance claims. We’ll guide you step-by-step through filing your personal injury claim and work to get you the maximum compensation owed to you.

Scaffolding Accident Rights and Claims

Falls, equipment failures, and scaffold collapses often cause severe injuries at construction sites. While workers’ compensation covers your medical care and missed wages, it doesn’t account for all your hardships after an injury. […]

What to Do While on Workers’ Compensation in Pennsylvania

Receiving workers’ comp benefits in Pennsylvania limits an injured worker’s activities. If your workers’ comp claim is in progress or has been approved, you may have questions about what you can and can’t do while receiving entitlements. Your claim benefits can be reduced or revoked if the insurance company or your employer can show that you don’t require them.

Workers’ compensation rules can feel overwhelming. Medical treatment, returning to work, and even personal activities can impact your recovery and entitlements. Physical recovery should always be your first priority. When you are focused on that and following your doctor’s orders, your workers’ compensation claim process should proceed more smoothly.

Unfortunately, your employer or insurance company paying for your entitlements will watch for any opportunity to revoke or reduce your compensation payments. For this reason, having an experienced Pennsylvania workers’ […]