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Light Duty Work in L&I Claims and Workers’ Compensation Claims

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Light duty job offers

For one, L&I offers cost reimbursement to employers. Here, employers are eligible to recoup costs when they accommodate employees after a work injury and offer them a light duty job. L&I refers to this program as Stay at Work (WA-SAW). Explicitly, if a work injury claimant has limitations because of claim-related conditions, the employer can offer a job that fits within those limitations. Interestingly, L&I considers a light-duty job as valid if it meets the following criteria:

1) The work injury claimant must have limitations because of conditions that relate to their workers’ compensation claim. These limitations must impact their ability to work.

2) The employer must submit a written (and detailed) job description for the light-duty job to the attending physician.

3) The attending provider must approve the light duty job in writing.

After the criteria are met, the employer can make a light job offer to the worker. Light duty job offers vary significantly between employers and industries. For example, grocery stores frequently offer stockers or checkers light duty jobs as door greeters. Also, another good example is sedentary office work. Furthermore, if the wages for the new job are 5% less (or lower) than the worker was making before, then the worker can apply for loss of earning power benefits.

The economic incentives of this program are advantageous to employers. In fact, the program has many other benefits too. For one, after a work accident, it helps keep employers and employees connected during the recovery process. Furthermore, it creates less ambiguity concerning the work status of the employee. These advantages are only realized when the program is used for the right reasons. Unfortunately, too frequently, that is not the case.

The reality of light duty jobs in some L&I claims

I have seen employers offer light “jobs” such as watching safety videos for the entire work shift. I’ve also seen light “job” offers that involve sitting at a desk doing nothing. Clearly, these are not legitimate light duty jobs and the sole intention behind them is to save costs. Sometimes, employers ask workplace injury claimants to perform duties outside the details in their job description. Other times, employers require the worker to perform tasks contraindicated by explicit medical limitations. Realistically, many complain about harassment and intimidation while trying to perform light duty jobs.

Some employers tell light duty job employees to schedule medical appointments and treatments outside work hours. This can be difficult if not impossible. Finally, many workers are placed under a performance microscope while doing light duty work. For example, when the employer writes them up for clocking in a minute late. Another example is when the employer writes them up for playing a game on their cell phone out of sheer boredom because the light duty work was a do-nothing desk job. Yet another, is writing up the employee because he or she places their swollen foot on a desk shelf to reduce pain and swelling, while performing a do-nothing job. These are all real-life examples. Surprisingly, when you inspect personnel records, one must wonder why this excessive performance oversight didn’t happen prior to the work injury or occupational disease.

Advocating for people with a workers’ compensation claim

In the past, employers and administrative workers called me out for my criticism of L&I programs like WA-SAW. Proponents of the program cite studies, charts and data showing that early return to work (even in light duty capacity) dramatically reduces long term disability. I don’t dispute these findings. I too, want workers I represent to regain their quality of life, including their full wage-earning potential, as quickly as possible. However, I believe that the WA-SAW program is often misused and fails to accomplish its intended goals.

Too often, when employers use the program solely for cost savings without any regard to the feelings or needs of the work injury claimant, I see workers sour towards their employer. I see work environments become hostile, mental health conditions develop, and L&I claims become unnecessarily contentious. It’s for that reason that I will continue to advocate for a more worker centric overhaul of these incentive programs.

This article was first published on https://tarareck.com/light-duty-work/

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How Damages Are Calculated In A Personal Injury Case

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How Damages Are Calculated In A Personal Injury Case

A personal injury case is a civil matter brought by an individual who has been injured because of the negligence or careless act of another person, company, or entity. Several factors are considered to determine how much money the injured person should receive as damages.

Severity of Injuries

The severity of injuries is the number one factor in determining damages – the more serious the injuries, the greater the damages will be. This is because the injured person will likely have more medical expenses and may miss more work. In addition, they may suffer from long-term or permanent injuries that will require ongoing care.

Injuries aren’t just limited to physical traumas. Emotional injuries, such as PTSD, can also result in a large settlement.

Cause of Injuries

When a personal injury occurs, the second most important factor will be the cause of the damage. In order to prove that the defendant’s negligence is responsible for the injury, it’s best to hire personal injury lawyers who can show that the defendant acted recklessly or failed to meet a reasonable standard of care. By showing that the defendant could have prevented the cause of the injuries, plaintiffs can ensure the best financial outcome for a settlement.

Settlement v. Trial

The third most important factor in determining damages in a personal injury case is whether or not the case goes to trial or is settled out of court. The benefits of a settlement are that it is typically quicker and cheaper than a trial.

If the case goes to trial and the jury awards the plaintiff damages, the amount will typically be much higher than if the case had been settled out of court. This is because juries often feel more sympathetic towards plaintiffs and are willing to award them greater damages.

How Much Compensation Can Be Received in Personal Injury Cases?

The overall total that can be received in a personal injury case will depend on the aforementioned factors. In unfavorable scenarios, the case is dismissed, and no compensation is awarded.

However, in most cases, the injured person can expect to receive a monetary award to compensate them for their medical expenses, lost wages, and pain and suffering. In addition, punitive damages may also be awarded when the defendant acted recklessly or intentionally caused harm.

Some of the more famous personal injury settlements include the following:

  • $2.9 million awarded to a woman who suffered severe burns after being scalded by coffee from McDonald’s.
  • $37 million awarded to a man who became a quadriplegic after a car accident.
  • $5 million awarded to the family of a woman killed in a drunk driving accident.
  • $10 million awarded to a man who was paralyzed in a construction accident.

When considering a personal injury case, it is important to understand how damages are calculated. By understanding the factors that are considered, you can get a better idea of what you may be entitled to receive if you are successful in your case.

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William D King: What Is a Criminal Lawyer?

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Criminal Lawyer

What Is a Criminal Lawyer? Types of criminal lawyers and how to find them!

A criminal trial is considered the most complicated and expensive trial of all cases. Though many people can represent themselves in court, it is always advisable to seek the services of a criminal lawyer for representation. It must be noted that there are several types of lawyers and so it is important to know the type of criminal lawyer you are looking for.

What role do Criminal Lawyers play?

Criminal lawyers are usually seen either in US television shows or movies. It depicted that lawyers like to argue with judges and everyone else around them. However, the reality is not much closer to how it is seen on TV; lawyers do not act like aggressors in courtrooms. They are professionals who know what they exactly need to say and when they need to say it. A criminal lawyer’s job is never over until their client gets acquitted.

As per William D King, a criminal lawyer must be well versed with all rules of evidence, so he can deal with any type of evidence that might get produced against his client during trial proceedings.

Criminal Lawyers- Types Available!

There are several types of Criminal Lawyers available depending upon the requirement of the case, nature of the crime committed, and another relevant factor. They are as follows-

Criminal Lawyer –

This is a specialized lawyer who deals with criminal cases only. It should be noted that not all lawyers can work as Criminal Lawyers; they need to have studied law in order to take up criminal cases. A wide variety of crimes are dealt with by this type of lawyer which includes drug charges, theft, robbery, and others.

Madonna Blyth Criminal Lawyers –

This is considered the most popular type of criminal lawyer available for representation in different courts. These lawyers also deal with other types of civil cases apart from criminal cases; however, their main specialization lies with criminal cases only. Madonna Blyth Criminal Lawyers hold immense experience in dealing with these kinds of cases and so it is always advisable to seek their services.

Legal Aid Criminal Lawyers –

This type of lawyer is appointed by the government or state to provide legal help to people who cannot afford to hire an independent criminal lawyer for them. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion. These lawyers specialize in practicing only before magistrate’s courts, so they cannot be hired for high profile cases like murder etc. However, Legal Aid Criminal Lawyers can represent clients before session’s court or other higher courts depending upon the discretion of the judge concerned. Thus it is important to make sure whether your case requires a Magistrate Court lawyer or Sessions Court Lawyer before hiring one for yourself.

Criminal Lawyer Perth –

This is a type of Criminal Lawyers who has been hired by the government to represent people who need legal help in higher courts like the Supreme Court. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. It should be noted that a criminal lawyer in Perth must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Criminal Lawyers Sydney –

This type of Criminal Lawyer is hired by the state to represent people who need legal help in different kinds of cases. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. However, it should be noted that an independent criminal lawyer must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Conclusion:

Thus, before hiring a Criminal Lawyer in Sydney it is always advisable to choose the type of criminal lawyer which suits your needs. Legal Aid Criminal Lawyers can be hired by people who need help for cases that are filed in lower courts like Magistrate’s court or Local Court. However, if one cannot afford to hire an independent criminal lawyer for them and their case is too complicated then they can approach these types of lawyers as well. People who want representation from a Criminal Lawyers Perth in the higher courts must ensure whether it requires a Magistrate’s Court Lawyer or Sessions Court Lawyer before hiring one for them. Thus, there are different kinds of criminal lawyers available depending upon your budget and desired location says William D King.

 

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5 Reasons To Contact A Workers’ Compensation Attorney

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Occupational injuries are much more common than you might think. According to the U.S. Bureau of Labor Statistics, more than 3.0 million nonfatal workplace injuries were reported in 2013, resulting in an alarmingly high incidence rate of 3.3 cases for every 100 full-time workers. Although many of these accidents occurred in traditionally risky workplace environments (e.g., construction sites, coal mines, and oils rigs), most were reported by employers in relatively safe settings.

What Is Workers’ Comp?

The good news is that most companies are required carry workers’ compensation, which is a type of insurance that provides coverage for work-related illnesses and injuries. The bad news is that there is no guarantee you will by fully reimbursed for your medical expenses, lost wages, and pain and suffering you experience as a result of an accident at work. With that in mind, here are five reasons you might decide to contact a workers’ compensation attorney.

1. You Can No Longer Work

Severe occupational accidents may result in a disability that prevents you from working ever again. Because the insurance companies that provide workers’ comp coverage are not in the habit of cutting huge settlement checks unless they absolutely must, you will need the services of an experienced workers’ compensation attorney to handle negotiations for you. It is important to note that permanent disability settlements must last you and your family for the rest of what would have been your working years. Expert legal representation is needed to secure the largest possible settlement.

2. Your Employer Did Not Have Insurance

Because workers’ comp can be expensive, some unscrupulous employers do not carry it. If you were hurt on the job and your boss informs you that he does not have insurance, you can sue him for damages. As an employee, you have the right to be reimbursed by your boss for any out-of-pocket medical expenses, lost wages due to the injury, as well as your pain and suffering.

3. Your Employer Denies Your Claim

Because insurance premiums get more expensive the more claims you submit, employers are often reluctant to approve a claim unless they must. An experienced attorney can ensure that your boss understands the legal ramifications of denying a legitimate claim only because it might end up costing him more money for coverage.

4. Negligence Was Involved

Even if an accident caused the injury, gross negligence is grounds for a lawsuit. Whether the negligent party was your boss or another employee, you should explore your legal options with the help of a lawyer.

5. You Need Surgery

Once again, insurance companies are often reluctant to approve surgeries unless they are deemed necessary. An experienced attorney may be able to convince the insurer that your surgery is not only necessary, but also cost-effective.

If any of those mentioned above are true, you should contact a workers’ compensation attorney as soon as possible.

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