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 to Hire a Workers’ Comp Lawyer
How Do You Know When to Hire an Injury Lawyer?
Getting hurt on the job can cause big problems. Workplace injuries can be serious, and even result in death. According to the Bureau of Labor Statistics, 2.7 million workplace injuries and illnesses occurred in 2020. If you were injured on the job, you may need to miss work to deal with expensive medical treatment, lengthy and costly rehabilitation.
Thankfully, there are workers’ compensation benefits to cover injured workers’ medical expenses and lost wages. These benefits can also compensate families of workers who are killed on the job. By filing a workers’ comp claim, you can recover the compensation you deserve to cover the costs of your injuries.
But how do you know when you need to hire a workers’ compensation lawyer to handle your claim? Munley Law Personal Injury Attorneys workers’ […]
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Failure to Yield Car Accidents in Scranton
What to Do After Failure To Lead Accidents
Car accidents are more likely to happen when drivers do not slow down enough or yield the right of way. They happen most often at intersections while merging two lanes together. Motor vehicle accidents can also occur during heavy traffic. The failure-to-yield accident typically occurs because people fail to pay attention, sometimes because of anger or frustration when they are stuck in traffic.
If you or a loved one were injured in a failure-to-yield car accident, it is important to choose a lawyer you can trust. The lawyers at Munley Law Personal Injury Attorneys have been named to the Best Lawyers in America, Pennsylvania Super Lawyers, and other notable lists.
For over 60 years, the Scranton car accident lawyers at Munley Law Personal Injury Attorneys have been helping injured victims fight insurance companies. […]
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Can I Get a Settlement from Workers’ Compensation If I Go Back to Work?
Returning to Work During Workers’ Comp Claim
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, […]
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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, […]
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Can I Change Jobs While on Workers’ Compensation in Pennsylvania?
How to Consider Job Changes While on Workers Comp
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, […]
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