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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What is malingering?
What is “malingering” and how can it affect your workers’ comp case?
Malingering comes up often in the context of workers’ compensation. Malingering is a term used to describe the action of exaggerating or falsifying one’s illness or injury to gain some benefit (such as workers’ comp payments).
Workers’ compensation program administrators and officials of the employing company often accuse employees who receive workers’ comp payments of “malingering” as a way to extend benefits. These accusations, which happen on a fairly regular basis, are unfair to dedicated employees who continue to suffer effects from injuries or illness contracted on the job. Such workers are rightfully owed benefits.
A Medical Definition of Malingering:
“. . . pretending to have an illness in order to get a benefit. The feigned illness can be mental or physical. […]
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Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
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Your Guide to Filing a Lawsuit
Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]
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What is the Coming and Going Rule in Workers’ Comp?
Workers’ Comp Coming and Going Rule: How it Affects Your Claim
Workers’ compensation is insurance that provides financial aid to employees to cover the medical expenses and lost wages due to work-related illnesses, diseases, and injuries. The Pennsylvania Workmen’s (Workers’) Compensation Act was enacted in 1915 and is mandatory for most employers across the state. The insurance is meant to benefit both the employee and the employer, protecting the employee in cases of illness and injury on the job, and the employer from being sued for such cases. Compensation is roughly 66% of the employee’s average weekly wage.
There is an exception, however, to workers’ comp. It’s called the Going and Coming Rule.
What is the Going and Coming Rule?
According to DMV.ORG, the Going and Coming Rule is when an employee gets into an accident and/or is injured commuting either to or from work. […]
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Pennsylvania Bicycle Safety Laws
Pennsylvania Bicycle Laws: Everything You Should Know
Over the years, one of the biggest threats to public safety is road accidents. According to the Pennsylvania Department of Transportation (PennDOT) secretary, one life lost is one too many, and the organization is working towards zero deaths.
Sadly, however, the number of traffic accident fatalities remains startling. Though there was a record low of 1,059 deaths in 2019, the number rose to 1,129. Among the most vulnerable to such crashes are cyclists.
Though there was a decrease in bicyclist injuries from 1,003 in 2019 to 799 in 2020, the number of fatalities rose from 16 to 22. For the lucky ones, they walk away from such incidents with minor injuries. But for some, it’s not the case.
Due to the evident disadvantage cyclists have, a bicycle crash with a vehicle can result in severe injuries. […]
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