When you’ve been injured on the job, Florida law requires that your employer pay damages for your injury. However, employers and insurance companies are not interested in paying claims. So often times they will unfairly deny your workers’ compensation claim. Sometimes these reasons can be legitimate, but a lot of the time they are just looking to get out of paying. In order to avoid this, you need the guidance of a skilled attorney, who can guide you through the process of pursuing a claim.
Common Reasons For Denial
There are many reasons your workers’ compensation claim can be denied. They include:
● Failure To Notify Your Employer: Florida law requires that you report the injury within 30 days of your knowledge of the accident or injury to your employer. This law extends to 30 days after a doctor has diagnosed you with a work-related injury. It is critical that when you are injured on the job, you tell your employer immediately, otherwise they can legally deny your claim.
● Failure To File Within The Statute Of Limitations: In the state of Florida, you are required to file your... read article
In the state of Florida, a person who is over the age of twenty-one may ride or operate a motorcycle without having to wear a helmet as long as they are covered by an insurance policy that will provide for a minimum of $10,000 in medical benefits for any injuries they sustain as a result of an accident.
Although it is currently not the law in Florida to have to wear your helmet once you reach a certain age, it is still the right choice and possibly the safest choice to do so.
As previously mentioned, if you are over the set age and have the required insurance coverage, then you are not required to wear a helmet while operating your motorcycle in Florida. However, anyone operating a motorcycle and even passengers are required to wear eye protection, regardless of age or their insurance coverage.
A Biker’s Rights Versus Their Safety
Many bikers will say they want to have the freedom to choose whether or not they are going to wear a helmet while riding their motorcycle, however, others advocate for better helmet laws due to the high fatality... read article
While many of us live comfortable, care-free lives, it is important to remember that dangers can be lurking just about anywhere. People seem to slip and fall daily, but on many occasions, the event does not leave the individual with severe injuries. Instead, the person gets up, dusts themselves off, and attempts to avoid retaking a tumble. Of course, some folks are not quite as lucky, and they obtain damages. Research by the Center for Disease Control found that in 2014, 29-million falls occurred in older Americans, which resulted in 7-million injuries.
Older generations are not the only ones at risk though. People of all ages can sustain wounds from slip-and-fall accidents such as…
• Memory And Cognitive Impairment
• Compressed Or Slipped Spinal Discs
• Broken Hips, Arms, Legs Or Other Bones
• Fractures, Cuts, And Contusions
Florida Is A Premises Liability State
Premises liability is a legal concept that usually pertains to personal injury cases. In layman's terms, it means that property and business owners, schools, organizations, and other places are responsible for damages that a person receives while on the land. In most instances, tenants are also required to keep real estate... read article
On Thursday, June 14, 2018, two riders fell approximately 34-feet from a roller coaster called the Sand Blaster at the Daytona Beach Boardwalk. Meanwhile, other passengers were left stranded, hanging from the dismantled ride. Officials are investigating the issue, but it is notable to mention that Florida Department of Agriculture and Consumer Services agents inspected and found the roller coaster to be in compliance with state laws on the same day.
Events like these show us that accidents happen, even in our own backyard. No lawsuits have been filed as of yet, but some of the involved parties have hired legal representation. When injuries occur due to extraordinary circumstances like these, the victim may be entitled to a fair compensation amount for their wounds. Damages from amusement park ride derailments often include but are not limited to…
• Concussions Or Other Brain Injuries
• Broken Or Fractured Bones
• Loss Of Life
Roller Coasters Are Not The Only Unsafe Rides
On August 7, 2016, 10-year old Caleb Schwab became decapitated when his three-person raft went airborne and collided with a pole. The other two riders... read article
Over the last decade, there has been a staggering increase in the number of pedestrians that have been killed in SUV-involved accidents. NBC News reported of a new report released by the Insurance Institute for Highway Safety(IIHS) that revealed that the increase of these accidents was actually 81%.
IIHS suggested that the design of SUV’s make them more dangerous to pedestrians. IIHS President David Harkey explained, “SUVs have higher front ends, and often the design for the vehicle is much more vertical than passenger cars.” The article from NBC also points out that the sales of SUVs have also increased over the past decade with SUVs representing more than half of all sales.
Some feel that the only way to make these vehicles less dangerous for pedestrians is by changing the overall design. For example, making the front end more aerodynamic and sloped more like the front end of a car. However, some purchasers of these vehicles may not favor this design because they tend to want a more rugged and off-road appearance, rather than have the aesthetic of a car.
When involved in a pedestrian versus vehicle collision,... read article
A traumatic brain injury or TBI is usually caused by a violent blow or jolt to the head or body, often experienced during an accident. TBI comes with an assortment of different symptoms that may vary from mild to more severe and can cause both mental and physical damage in both the long and short-term.
If you or a loved one were involved in an accident and experienced a TBI, then read on to recognize some of the long-term effects that may be associated with a traumatic brain injury.
Physical symptoms of a TBI might include a short loss of consciousness that spans seconds to several minutes or no loss of consciousness but the injured becomes confused or disoriented. They may also experience a headache, nausea, fatigue or drowsiness, speech and vision problems, difficulty sleeping or an elevated amount of sleeping, and the loss of balance.
Alongside these physical symptoms, there may also be cognitive and sensory symptoms such as memory or concentration problems, mood changes, anxious feelings or an overwhelmingly depressed feeling, blurred vision, ringing in the ears, changes in the ability to smell, and... read article
E-cigarettes have definitely risen in popularity over recent years and so much so that they have also garnered attention from the FDA who is considering further over the counter regulations regarding e-cigarettes.
What are E-Cigarettes?
E-cigarettes, also known as vape pens, are electronic nicotine delivery systems and are battery-operated devices that people use to inhale an aerosol that contains certain levels of nicotine. The liquids they use come in a variety of different flavors and types and also have varying levels of nicotine.
Popularity Among Teens
E-cigarettes are also quickly becoming the go-to for teenagers who use tobacco because of how easy they are to attain due to their availability. They may also be attracted to the advertisements, the different flavors they can choose from, and they are much easier to hide than a traditional cigarette.
Some are looking at the e-cigarette as the first step toward a teen choosing to try other tobacco products which can cause serious adverse health effects in both the short and long term.
The Development and Regulation of Nicotine Products
The FDA is E-cigarettes have definitely risen in popularity over recent years and so much so that they have also garnered... read article
In a recent Supreme Court ruling of 5-4, it has been decided that employers can bar employees from participating in class-action lawsuits as a condition of employment. This means that the employer can require employees to participate in individual arbitration.
Writing for the court, Justice Neil Gorsuch said, “The respective merits of class actions and private arbitration as means of enforcing the law are questions constitutionally entrusted not to the courts to decide but to the policymakers in the political branches where those questions remain hotly contested…This court is not free to substitute its preferred economic policies for those chosen by the people’s representatives.”
What does all this mean? To answer this question, we need to take a closer look at what arbitration is and what this can potentially mean for employees.
What is Arbitration?
Arbitration is one method that is used to reach a dispute resolution. It is meant to provide an alternative to filing a lawsuit and then having to go to court. This method was meant to be a more cost-effective and time-saving way to resolve a legal issue.
What Are Class Action Lawsuits?
In a class action lawsuit, a... read article
There are approximately 14-million registered drivers in the state of Florida, which means auto accidents are inevitable. Aside from residents, there are also many people on the roads from out of town visiting the beaches, amusement parks, or one of the many other attractions. Bicyclists, pedestrians, and motorcycle operators are also regularly on the streets due to the beautiful scenery and immaculate weather. This increased traffic keeps drivers on their toes, but even practicing the safest defensive driving techniques is often not enough to prevent all crashes.
For instance, most accidents can be avoided by paying attention to your surroundings and evading obstacles or dodging swerving vehicles. However, if another operator is playing on their phone, diverting their awareness to passengers, or partaking in a different kind of distracting activity, they may fail to apply the brake at the appropriate time and rear-end your car while stopping for traffic or even a red light. Auto accidents are unforgiving, and they cause damages that often include…
• Neck, Back, Or Spinal Injuries
• Lacerations And Contusions
• Internal Bleeding
• Loss Of Limbs
• Broken And Fractured Bones
•... read article
You were recently involved in an accident and sustained injuries. Following the accident, you followed proper procedure, did everything you are supposed to do including reporting the accident to your insurance company. However, during the recovery from your injuries, you get a call from the insurance provider saying that your personal injury claim was denied. But, why? What do you do next?
It is very important that you stay on top of all your payments and be sure to pay all monthly premiums to your insurance provider on time- every time. If not, then you may find that your coverage had been terminated or there was a lapse.
If you had recently switched insurance companies, it is also important to make sure that there is no gap between when your old coverage ends, and the new coverage begins. If you were involved in the accident during this period of transfer between companies, then you may find that you did not have coverage. Therefore, your personal injury claim will be quickly denied.
Some insurance providers actually exclude certain types of injuries from their... read article