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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Third Party Claims & Workers’ Compensation Lawyer in Philadelphia
No one wants to experience an injury at work, but the unfortunate reality is that sometimes, these things do happen. Some jobs pose a much higher risk of injury than others; for instance, logging workers, roofers, and truck drivers experience a much higher rate of injury at work than most other people. In 209, CNBC reported that truck drivers experienced fatal injuries at a rate of 26 per 100,000.
This is in stark contrast to the overall average rate of workplace injury in the US that year, which was just 3.5 per 100,000. Refuse and recyclable material collectors are statistically even more at risk, with the most common source of injury coming from transportation incidents. In the state of Pennsylvania, construction workers have historically made up nearly a quarter of all workplace fatalities.
Whether you work in one of these industries or in a different field altogether, […]
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Third Party Claims & Workers’ Compensation Lawyer in Hazleton
If you have sustained an injury or occupational disease or death while at work, you are likely exhausted and overwhelmed. And you are not alone; in fact, a report from the Bureau of Labor Statistics stated that, in 2020, “there were 2.7 million nonfatal workplace injuries and illnesses reported by private industry employers.” The good news is that you are very likely eligible to receive workers’ compensation, which can relieve some of your financial burden and cover things like medical bills and lost wages.
In addition to filing for workers’ compensation, you may also be wondering if you’re able to sue a third party who played a role in your accident or injury. If you were injured in the Hazelton, PA area, and a third party (meaning anyone outside your employer and coworkers) was involved in your case, the answer is most likely yes. Did a piece of machinery malfunction? […]
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Does Filing A Workers’ Compensation Claim Affect Employment?
If you’ve been injured at work and are considering filing a workers’ compensation claim, you’re probably worried about how it might affect your ability to find employment in the future. This fear is completely understandable, but the short answer is no – filing a workers’ compensation claim should not hurt your future job prospects in Pennsylvania, and the law is specifically designed to protect you from this type of discrimination.
At Munley Law, we’ve helped hundreds of Pennsylvania workers protect their employment rights after workplace injuries. Our experience shows that understanding your legal protections and knowing how to navigate the job search process can make all the difference in maintaining your career trajectory after a work-related injury.
Your Complete Legal Protection Guide: Pennsylvania Employment Rights After Workers’ Compensation
Pennsylvania workers enjoy some of the strongest employment protections in the nation when it comes to workers’ […]
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Who Pays Worker Compensation Claims in Pennsylvania? Complete Payment Responsibility Guide
If you’ve been injured at work in Pennsylvania, one of your first concerns is probably who will pay for your medical bills and lost wages. The simple answer is that Pennsylvania employers pay 100% of workers’ compensation costs, and you will never receive a bill for any work-related injury treatment or benefits. Three different funding systems ensure your benefits are paid regardless of your employer’s size or financial situation, and understanding who pays helps you know what to expect and when problems might require legal help.
This comprehensive payment system was established by Pennsylvania’s Workers’ Compensation Act of 1915 to protect workers from financial hardship after workplace injuries. Whether your employer has two employees or two thousand, they are legally required to provide coverage that pays all your medical expenses and replaces a portion of your lost wages. The system is designed to give you peace of mind, […]
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How Can I Prove My Pain and Suffering?
The effects of an accident, whether it is a car wreck, slip and fall, medical error, or workplace accident, can have lasting effects on the victim. Debilitating physical injuries and emotional trauma can plague the victim for years to come.
Pain and suffering refers to physical discomfort and emotional toll the victim faces after an accident. These “non-economic damages” accompany the victim after an injury and can include physical pain, discomfort, mental anguish, inconveniences, and emotional distress.
Pain and suffering claims tend to be a bit more complicated than a regular injury claim. You will need a team of pain and suffering lawyers behind you in order to prove you are owed compensation for your trouble. This is where the personal injury lawyers at Munley Law Personal Injury Attorneys come in. They have a deep knowledge of Pennsylvania law and insurance policies and will fight for the proper amount of compensation for your pain and suffering following an accident. […]
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