Official Workers’ Compensation FAQ
If you have been injured and are seeking workers’ compensation or in the middle of a claim, you may have some questions. Now we have answered some of these questions and offer our experience to you to settle your claim. What is a stipulated finding and award? A stipulated finding and award is entered in upon by both sides rather than being imposed by the judge in the judge’s decision. However, the judge must still “approve” of the finding and then it has the same effect as any other trial would when an “award” is reached. In most cases, the biggest circumstance under review in a finding and award deals primarily with the percentage of disability that a plaintiff wants and whether or not they will need further medical care. Due to the stipulated finding and award, the percentage of disability agreed to as well as the number of weeks to be paid are agreed upon. If you find out that you are, in fact, entitled to medical care in the future, you will have to call the insurance company before you receive it. What is a compromise and release? This is a closing of the entire case and the elimination of the need for payments over a period of time. You may consider a compromise and release if you have a right to medical care but choose to pay for it yourself. If you decide to close on this option, then you will typically be compensated for taking care of matters on your own and relieving the insurance company from having to take care of your medical care themselves. The amount of compromise and release is usually more than the amount of disability that you would have received over time. However, what you should remember is that a compromise and release is not always a viable choice. Sometimes, the insurance company will not want to choose this option and you will be left with no choice. Will my settlement affect vocational rehabilitation? No, receiving compensation benefits should not be affected by participating in a vocational rehabilitation program. You may have questions about what vocational rehabilitation entails. Workers are entitled to this type of rehabilitation when they have been injured in the workplace. Some of the benefits include on-the-job training where necessary, transferable skills testing, resume and job application services, interview skills assistance, labor market surveys, job search assistance, counseling, and reasonable accommodation. Depending on your situation, you will find out how much vocational rehabilitation is available to you. Can I get all the money from workers’ compensation and keep the medical open? Theoretically, in some cases you will be able to settle a workers’ compensation case and keep medical open. However, in most cases this is not possible because many claims adjusters will not deal with the risks involved. This is why, if you wish to keep the money from your workers’ comp and keep medical open, you will have to go to trial to make your demands. However, you will be putting trust in the judge’s hands and may not end up with the result you were expecting. What happens if my case is settled? You may have concerns about going in front of the judge for many reasons, or getting “cheated” in your case. You may decide to settle when you weigh your options and decide that the amount of money you would receive is enough to take care of the costs of your accident. You may decide it is not worth losing any more than that. An attorney will be able to help you come to that conclusion and weigh the risks and options. What happens if the insurance company won’t make a reasonable offer? In some cases, you may realistically have to settle because you will not be entitled to more than they have already offered you based on your injuries. However, you can keep attempting to get a better offer through mediation or court if you feel it is in your best interest. If you have been injured in the workplace, you may wonder where to turn. It may seem like you have exhausted all options, but you still have us on your side, fighting for your rights every step of the way. Call us at The RAWA Law Group today for more information on your case.
Common Causes of Trucking Accidents
Every year, many people are involved in trucking accidents, some of which cause injuries and some that don’t. In fact, over the past two decades, the number of truck accidents has increased by 20% and approximately 5,000 people alone died in 2002 from these accidents. You may wonder who is responsible for your trucking accident based on what you saw with your own eyes or what other witnesses saw the day it happened. There may be many people involved in these accidents that could be held liable for your injury compensation. The truth is, there are many laws that govern trucking accidents. Because of these laws, certain standards have been established for the trucking companies, owners, and drivers. If these same people refuse to follow the simple standards, they could lose their ability to drive truck altogether. There are many entities who may be held liable in a trucking accident, such as the actual driver, the owner of the truck, the person who leased the truck, the manufacturer of the truck’s equipment, or the shipper or loader of the truck’s cargo. Liability Liability is something that trucking companies have to watch out for, which is why drivers are trained to drive carefully and avoid hazards. Some trucking companies engage in some sly games to avoid liability no matter the cost. For instance, a trucking company may choose to obtain the necessary permits to operate the truck. The company, however, doesn’t own the tractor, trailer, or necessary equipment. It leases instead under an owner or operator. They also hire independent contractors and not actual employees. If the truck becomes involved in an accident and the company is sued, they will play it off by saying that the driver was not the company’s actual employee and they do not own the equipment in full. The good news is, if a trucking company tries to do this to you if you are suing for injuries, federal laws and regulations stand in as a way to help you. If a truck bears the company’s name, then they instantly become responsible for what happens in many ways. Common Accidents Driver error is one of the most common causes of trucking accidents, which can be caused by drug use, speeding, fatigue, distractions, and more. The Federal Motor Carrier Safety Administration found that action or inaction by drivers was the reason for 88% of crashes. Another reason for these accidents is problems with equipment. Some examples include removing the front brakes, brake failure due to inadequate adjustments, tire blowouts, improper securing of load, defective steering, or improper trailer attachment. Have you been injured in a trucking accident? The trucking industry can be entirely complex, which is why you should have a skilled attorney on your side who has experience with these cases. At RAWA Law Group, we can do just this and get you the compensation you deserve after your accident. We can fight the big-name companies and get to the bottom of who is at fault in your specific case.