Availing of Workers’ Comp Benefits and the Possibility of Pursuing Further Legal Actions

For individuals whose work is their main source of livelihood, an incapacitating work-related injury or an occupational disease will certainly have an overwhelming effect. Aside from the physical harm, an injury or disease can lead to crippling financial consequences that can only worsen a person’s life situation, making the necessary medical treatment, which can be costly, optional; to forego medical care, however, can result to longer recovery period, extending, likewise, the days of inability to return to work.

The approval of the workers’ compensation benefit in 1908 was a major help to workers who figured in accidents while performing their job or who developed any disease due to daily exposure to, or contact with, hazardous substances. This state-mandated benefit, which is in the form of an insurance program, was established to provide sure and immediate financial assistance to injured workers, covering lost wages, medical treatment, disability, vocational rehabilitation and death.

Due to the many fraudulent claims in the past, approving claims have been made stricter and a statutory period, during which a claim will have to be filed, has been set by every state. Workers’ compensation, however, does not consider fault, thus, approval can be granted even if the accident were due to the injured worker’s own act of negligence; is it, likewise, never dependent on the company’s or employer’s financial capabilities as payments are made by insurance firms.

If it can be proven that: the accident that caused the injury was intended by the employer; that the employer does not provide workers’ comp; or, that the injury is too severe or leads to death, then the injured worker is given the right to pursue further legal actions against his/her employer; otherwise, workers’ comp states that the employer should be free from any legal responsibility.

Being injured and concerning oneself simultaneously with the preparation of all the necessary documents required for the filing of a claim can be too much concern for the injured worker and his/her family. Knowledge of the possibility of having the right to pursue further legal actions may also elude the victim as he/she may not have a full understanding of the law. It is within these circumstances that workers’ compensation lawyers, according to the website of Wilson Injury Law, offer victims sound advice on how to go about filing their claim and know what kind of hurdles to expect throughout the process.

Regulations for Disability Representation

It is an accepted fact that most people would benefit from qualified legal representation when making a claim for disability benefits with the Social Security Administration (SSA). However, the SSA has specific rules when it comes to claimants using lawyers to stand for them when dealing with the SSA. This is solely to protect the claimant from unreasonable lawyer fees.

Before a lawyer can take on disability representation, the SSA must approve the lawyer. The SSA suspends or disqualifies lawyers who do not follow the rules of the SSA for disability representation or in other procedures. In this way, the claimant knows that the lawyer is in good standing with the SSA, which will greatly improve the chances of success. In order to get a lawyer approved, the claimant has to fill out the Appointment of Representative Form SSA-1696-U4, which is available on the SSA website or any SSA office.

The claimant may also not pay the lawyer more than what the SSA orders; in most cases, the claimant pays the SSA which in turn pays the lawyer. Any advance payments given directly to the lawyer has to be put in an escrow or trust account.

The lawyer, once approved, is authorized to transact with the SSA as if he or she is the claimant. The lawyer has access to all relevant Social Security as well as medical records needed to prove a disability claim. He or she may also file for claim appeals. Both the lawyer and claimant must provide truthful statements and accurate information. If either or both parties knowingly and deliberately make a false claim, the SSA may file criminal charges.

It is important to have a good lawyer when dealing with the SSA, and the agency acknowledges this by providing clear rules and regulations for fair and reasonable disability representation. A lawyer in the area who is in good standing with the SSA and with a wide experience in dealing with the agency would be an invaluable asset to a claimant.

Women and Fosamax

Recent studies have shown that women are more at risk of fractures in the thigh bone, especially those who have used Fosamax for a long time. Short-term use of bisphosphonates does help in bone density by slowing the resorption of the bone; however there long-term use can actually hinder new bone formations, decreasing the bones ability to fix microscopic cracks caused by everyday wear and tear. According to the National Injury Law Center, as time passes, these microscopic cracks can then be the cause of a fracture. What also makes Fosamax dangerous is the mineralization of the bone while the breakdown process is happening, causing a “hypermineralized” bone that may be fragile and not strong enough for erosion. This can cause women to become more in danger of having a serious bone fracture.

Based on a statement made by Merk, the manufacturer of Fosamax, studies are to be made in order to guarantee the safety and effectiveness of their product without causing major side effects to their patients. The FDA has also issued warnings about the dangers of long-term use of Fosamax, along with other bisphosphonates, particularly for women who are using them as medication for osteoporosis.

Although further studies are still needed to fully determine the risks and complications that come with using Fosamax, many doctors still advice their patients to not stop their medications, and report any symptoms of side effects such as nausea, vomiting, problems swallowing, fever, blisters on the skin, painful or swollen gums, loose teeth, pain in the eyes, facial swelling, chest pain, or worsening or new heartburns. Feeling pain in the hip or thigh bones are indicative of possible bone fractures, therefore having regular check-ups with your doctor regarding bone density and health is highly recommended.

Along with taking Fosamax for osteoporosis, proper diet and exercise are also urged to support bone growth and health. Ask your doctor the proper foods and drinks to take, along with possible supplements to ensure that you are kept in proper physical condition.

Reported Side Effects of AlloDerm Hernia Patches

Grafting is one potential solution for medical patients who have lost a significant amount of skin cells and need to regrow them. Skin grafts can be invasive, so alternatives like AlloDerm have been created to help patients regrow cells they need. AlloDerm was introduced by the company LifeCell in 1994, and had some success with patients regrowing skin cells, but unfortunately, this synthetic skin graft has also been linked to several potentially dangerous side effects. Those who have been exposed to AlloDerm in a medical procedure might have suffered from these side effects, and be at risk for injury.

Common Side Effects

The side effects of AlloDerm have predominantly been linked to a patient needing more surgery when the skin graft does not work properly. This extra surgery can be not only expensive, but it can be invasive as well. Recognizing the side effects of a failed AlloDerm skin graft is important for knowing if you will need future treatment. Some of these side effects include:

  • Swelling
  • Pain
  • Contusions
  • Abscesses
  • Hernia recurrence
  • Serious infection

All of these side effects can produce discomfort or pain in a patient, and might require further medical treatment that’s inconvenient or invasive. In many cases, however, patients who have suffered after being exposed to AlloDerm have been able to pursue compensation for their injuries, since they were only innocently involved in this problem.

Advances in Rhinoplasty

Rhinoplasty surgery is more commonly known as nose surgery, and people choose this type of plastic surgery for a number of reasons. They may want to simply change their appearance, increase their self-esteem, or fix a physical defect in their nose. There are lots of ways that rhinoplasty can address an issue that a patient has with his or her nose’s appearance. Knowing what you want to address with rhinoplasty is important to discuss with your surgeon, to make sure that your surgery goes as smoothly as it can.

How Rhinoplasty Can Change Your Nose

Rhinoplasty addresses a variety of nasal issues. For instance, a person who wants rhinoplasty may want to address one or more of the following:

  • A bump or rise in the nose
  • Small nostrils
  • Large nostrils
  • Small nose
  • Large nose
  • Deviated septum

All of these common complaints can be addressed through rhinoplasty, and can give a person beautiful facial harmony, not to mention increased confidence and self-worth. Whatever a person’s reasons for pursuing rhinoplasty, everyone has the right to feel attractive and confident, and rhinoplasty can provide the physical and emotional results that a person needs for these feelings.

Common Construction Injuries

Any construction area creates potential hazards, not just for workers but also for people who walk or drive near the area. Construction injuries affect innocent people daily. They can range in severity from minor to life-threatening, and are often the direct result of someone’s negligence. In many cases, construction accidents do not stem from any malcontent and are truly accidents. However, no matter what the actual cause of a workplace accident happens to be, if another person is implicated in your own construction-related injury, then that person might be held accountable for the injury. Knowing more about the different kinds of construction accidents that might affect you can better prepare you for any accident that you face in the future.

Of all of the construction accidents that can affect you or a loved one, there are some that recur frequently. The following three types of accidents are fairly common and can have serious consequences:

  • Slip and Fall Accidents
  • Amputation Accidents
  • Wrongful Death Accidents

Generally, severity increases in descending order, though slip and fall accidents can also be associated with life-threatening injuries as well. In a lot of cases of the above accidents, another person acted negligently or unsafely in some way, which put an innocent person in the line of fire, making an accident much more likely. Victims should know, though, that they might have legal actions possible if they are innocently injured in a construction accident that was caused by another person.

Hiring the Right Custom Pool Builder in Austin

austin custom poolsYou may be thinking of having a pool built right in your own backyard or have the one that you already have renovated, but are not really sure who to get for the job. Summer time in Austin, TX is always brutally hot. What better way to cool off than in your very own custom pool? The task of finding the right pool builder is already a huge undertaking in itself since not all pool builders are the experts that they claim to be.

Much like a custom home is, pools are luxuries in life, thus many venture into the business of pools design and construction for the profit it can rake in. There are pool designers and builders, however, whose attention to detail and quality equal their intent to profit; for them the highest level of customer satisfaction attainable is the standard by which every job result should be pursued.

Expert Pool Designers in Austin

Some customers have a keen way of knowing who the real experts in the Austin pool business really are. They know what they are talking about and they can describe what is best with authority. Despite their knowledge and experience in the business they will never impose what they want, but build everything according to the customer’s wishes, improving only on what the customer has in mind. These experts will also determine the extent and duration of the job, manage the project personally and not shortchange the customer on quality materials for a finished pool job that will be your and your family’s venue of memorable activities for many years.

Whether for daily relaxation, fun or weekend entertainment with family or friends, you can be sure that these expert-built custom pools will the envy of everyone else. Besides being a product of remarkable workmanship, these are also very easy to maintain. Even before construction is begun, these expert designers and builders will inform you of the procedure and phases of construction so as not to keep you guessing what will happen next. They will also relieve you of the burden of construction, finishing the high-quality job timely, thus helping you save time and money from any repair or costly maintenance.

Contact an Austin Pool Builder

It’s the middle of May and the summer is upon us. The right custom pool builder in Austin may just be around you corner. They will be able to answer any questions regarding the process, cost, and upkeep.

Serious Problems with Pharmaceutical Products

The pharmaceutical industry is huge in the United States; millions of people use this industry on a daily basis. So it’s important that those in charge of this industry make sure that their products are safe and work properly. Sadly, sometimes negligence on the parts of pharmaceutical workers leads to inadequate testing or failure to adhere to high medical standards, and an unsafe or defective pharmaceutical product is released to consumers.

Common Issues

There are many ways that a pharmaceutical product can have a defect. The drug itself might have a problem with it, or the labeling or packaging might have one. In either case, an unsuspecting consumer might suffer serious injuries or illnesses if he or she consumes a defective pharmaceutical product. Some examples of common issues or defects with pharmaceutical products involve:

  • Mislabeled ingredients
  • Unsafe mixture of ingredients
  • Unknown side effects
  • Drug interaction possibilities
  • Dangerous implants
  • Packaging error
  • Manufacturing flaw
  • Pharmacist error

All of these problems can create serious injuries or illnesses for a consumer who takes a pharmaceutical product without knowing about the problems or defects. And naturally, most consumers do not assume that the products they are taking could be injurious to them. However, if a person does suffer from a pharmaceutical defect, he or she might be due compensation that can help with coping with the side effects of a defect.

Corporate Law Firms Highlighted in Business Insider Story

yale

A new article in Business Insider highlights the top 10 corporate law firms that “won’t make you hate your life”. The poll comes from Yale Law Women, who released the list to highlight the family friendly policies at each firm mentioned. Firms that made the list include:

  • Fulbright & Jaworski
  • Squire Sanders
  • Orrick, Herrington & Sutcliffe
  • Arnold & Porter
  • Reed Smith
  • Sidley Austin
  • Goodwin Procter
  • Hunton & Williams
  • Perkins Coie
  • Shearman & Sterling

To read the full article, click here.

Unpaid Overtime Claims in Wisconsin

Unpaid Overtime Claims in Wisconsin

wisconsin overtime lawyerUnpaid overtime laws in Wisconsin are generally the same as embodied in the Fair Labor Standards Act (FLSA) with a few exceptions. If you are not exempt under either Wisconsin state law or the FLSA and you have unpaid overtime that you would like to claim through litigation, it may be an advantage to know which laws are likely to apply in your particular case.

Wisconsin overtime law allows a claimant to go back two years for any unpaid overtime, while under the FLSA, you can claim up to 3 years in unpaid wages if it can be proven that your employer knew you were being underpaid and intentionally allowed it.

Timing is also a major factor when claiming unpaid overtime in Wisconsin. If the case is filed with the Department of Workforce Development (DWD) and the DWD has the result of the investigation ready before your lawyer files in court, your employer may be liable for the same amount as your claim as a penalty, while if the lawyer bypasses the DWD and files directly in court or before the DWD completes its investigation, your employer will face less serious penalties.

It should be noted that in Wisconsin, there are exemptions to overtime pay that are not in the FLSA. Even if you are exempt under Wisconsin law, you may still file a claim under the FLSA. For example, if you are a movie theater employee, which is an exempt category under Wisconsin law, you can still claim for unpaid overtime under the FLSA, which does not include movie theater employees in the exemption list.

The process of filing a complaint and obtaining unpaid overtime wages is a complex one, and it is always best to get legal advice with a Wisconsin overtime lawyer before filing a case before either the state or federal court. It is possible file in both courts at the same time, and your overtime claims lawyer will know which parts of the law should be cited to your best advantage.