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Medical-Only L&I Claims and Workers’ Compensation Claims in Washington State

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What is a “medical only” workers’ comp claim?

As the name suggests, when an L&I claim is medical-only, then L&I or the self-insured employer only pays for medical expenses. Therefore, you don’t receive other benefits such as time-loss compensation, loss of earning power, or permanent partial disability. You also can’t get total permanent disability or death benefits. When a workers’ compensation claim pays out these other benefits, it is called “compensable claims”.

From my perspective, “medical only” claims are appropriate when doctors can treat the workplace injury or occupational disease quickly. Practically, this type of L&I claim works when there’s no interruption to your employment or wage-earning ability. For example, a workplace accident claimant who sustains a cut at work may need urgent medical attention. The person is rushed to the hospital to clean and bandage or suture the wound. If all goes well, the injured worker may miss less than a day of work. The injury will heal, and it will have no limiting impact on the worker’s ability to do their job. Under these circumstances, a “medical only” workers’ comp claim is appropriate. The insurance covers the medical expenses for the work injury. From here, there’s no need for other benefits under the claim.

Employer tactics under a workers’ compensation claim

People that suffer an injury at work should know that L&I provides incentives to employers with no claims (or with “medical only” claims). Businesses that prevent workplace injury occurrences earn a “claim-free discount” from L&I. Here, the condition is to not have a “compensable claim” during a 3-year period. Employer discounts range anywhere from 10-40% off the base rate for their business. Consequently, some businesses and employers go to great lengths to ensure zero compensable claims on record.

Some employers reduce compensable workers’ comp claim volumes by increasing workplace safety. Others provide employees with accommodations and flexibility to not interrupt the worker’s employment. I applaud such employers because it’s a win for both the worker and the employer.

Unfortunately, some employers try to limit compensable claims unfairly, to the detriment of the worker. In these cases, employers can argue that injuries are less significant than they are. Another strategy is when the employer creates a job to keep the work injury claimant working, regardless of their medical condition. For example, some people have been paid their regular salary to watch safety videos while recovering from injuries. This isn’t necessarily a bad thing, unless the employer has ulterior motives. For example, when employees have a workers’ compensation claim, some employers work hard to find basis to fire the work-injury claimant for cause. When an employer fires a person with a workers’ comp claim for cause, they are not eligible to receive benefits like time-loss compensation benefits.

Summary and conclusion

To summarize, a medical-only workers’ compensation claim is appropriate after a simple injury at work. Remember, such workplace injury must not have long term impact on your physical abilities or future employment. However, if you suffered a more severe illness or injury, then the Industrial Insurance Act (RCW 51) providers other claim benefits. Moreover, these other benefits are important when your work injury has real impact on your functioning and employability.

This article first appeared on https://tarareck.com/l-and-I-claim-medical-treatment/

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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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