What is Insurance?
Insurance is, “a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter;” the other, the “insured” or “assured;” the agreed consideration, the “premium;” the written contract, a “policy;” the events insured against, “risks” or “perils;” and the subject, right, or interest to be protected, the “insurable interest.” (Black’s Law Dictionary 946. 4th Ed. Rev. 1968)
An insurance policy is a contract in which an individual or entity (the policyholder) pays an insurance company (the insurer) in regular payments in exchange for financial protection over specific risks or losses. For example, medical insurance helps to cover medical costs, such as hospital visits, hospital stays, and medications. Similarly, auto insurance helps to cover damages incurred from car accidents. Insurance payments are known as premiums. Insurance contracts typically limit the amount of costs that an insurance provider may be required to pay.
The McCarran-Ferguson Act (15 U.S.C. § 1011) grants many aspects of insurance regulation to individual state governments. However, federal laws like federal taxes do apply to insurance, and must be acknowledged. Insurance is important to the legal system, as it helps protect individuals, those who cause harm to individuals through negligence, and any third party that is faced with the burden of compensating for an injury.
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When Should I Hire a Workers’ Compensation Lawyer?
Do I Need a Workers’ Compensation Lawyer?
When you have suffered a work injury, you might be wondering if you need a workers’ compensation lawyer and if so, where in the workers’ compensation process you should think about hiring a Pennsylvania workers’ compensation lawyer.
When you are injured at work or if you are suffering from an occupational illness, you are dealing with the anxiety of lost wages, mounting medical bills, and navigating the unfamiliar PA workers’ compensation system. After a work injury or diagnosis of an occupational disease, millions of injured workers wonder when is a good time to call a workers’ comp attorney. The short answer? Call for help as soon as you get hurt on the job or as soon as you have a diagnosis of your work-related illness.
The process for filing your workers’ comp claim may seem straightforward, […]
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What is an Impairment Rating Evaluation?
If you or your loved one have been injured at work and are seeking workers’ compensation, you may be required to undergo an impairment rating evaluation to determine the extent of whole-body impairment caused by the workplace injury.
When an employer or insurance company requests an Impairment Rating Evaluation (IRE), it is to evaluate the total or partial disability of the injured worker so as to ensure the appropriate amount of disability pay is provided. Currently, Pennsylvania law requires an employer to pay total disability benefits for any employee at or above 35 percent disabled.
Unfortunately, many times an employer requesting an IRE is looking to reduce the number of benefits they are paying out by getting an evaluation that reports less than 35 percent disabled.
It is important that you or your loved one consult with an experienced workers’ compensation lawyer if you receive a notice for an impairment rating evaluation. […]
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Can You Be Fired After Filing for Workers’ Compensation?
Could You Be Fired After a Workplace Injury?
The short answer is “no”. It is illegal for an employer in Pennsylvania to fire an employee for filing a workers comp claim. PA workers’ compensation law prohibits employers from terminating an injured worker for:
- Reporting a work-related injury or disease
- Filing a workers’ compensation claim
- Having a workers comp claim approved
- Receiving workers comp benefits
If you have recently opened a PA workers comp claim or if you have recently reported a work-related injury or illness to your employer and you believe you are experiencing punitive actions such as unfair treatment or if you have been fired, you need to contact an experienced and skillful Wilkes-Barre workers’ compensation attorney at Munley Law to help you prove your employer’s actions were unlawful.
How Does Workers’ […]
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Can I Sue After a Rear End Collision?
Hire an Experienced Car Accident Attorney to Help After Rear End Accident
Car accident lawyers will tell you that rear end collisions are unfortunately a fairly common part of driving; in fact, the Washington Post reported that there are approximately 1.7 million rear end collisions on U.S. roadways each year. What’s more, the Pennsylvania Department of Transportation reported in 2019 that almost 30% of car accidents in the state were rear-end collisions. But while these accidents are common, they still need to be taken seriously. Grave injury and extensive damage are both possible results of a rear-end accident, and if you’ve experienced an accident of this nature, you will want a trusted car accident lawyer to guide you through the process of receiving proper compensation.
After an accident, it’s possible that one party may reach out to the other with an initial settlement offer. […]
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What Injuries, Diseases and Illnesses are Covered by Workers’ Compensation?
Can I Receive Workers’ Compensation?
Workers’ compensation is an insurance program that provides a financial safety net for Pennsylvania workers who have suffered a work-related injury or occupational disease during the course of their employment. If you suffered an injury or have become sick from workplace conditions in PA, you have the right to receive workers’ compensation from your place of employment to cover your medical expenses and lost wages for your injury or illness.
The Pennsylvania Workers Compensation Act of 1915 mandated that all employers in PA provide workers’ compensation insurance for all employees. All Pennsylvania workers are covered for the entire period of their employment. Coverage begins on the first day on the job. Injuries or diseases caused or aggravated by workplace duties are covered under workers’ compensation, regardless of the employee’s previous physical condition.
If you are suffering from a work-related injury or disease, […]
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