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Why Are Workers Compensation Claims Denied?
Suffering a workplace injury is frustrating. You may be unable to work, require intensive medical care, and be left with permanent disabilities. However, the situation is all the more vexing if your workers’ compensation claim is denied.
Injured workers depend on workers’ compensation benefits during their recovery. If a claim is denied, the worker may be left with mounting medical bills and other expenses. Here are three common reasons workers compensation claims are denied:
The Accident Did Not Occur at Work
In order to qualify for benefits, your injury must have occurred during work. However, this does not necessitate a specific physical location. If the injury occurred while you were performing your job duties (e.g., out making deliveries), it qualifies. This is one of the most common justifications for a claim denial. Employers and insurers looking to avoid a payout often try to argue that the worker was not “on the job” when the accident occurred.
Why Are Workers Compensation Claims Denied?
Suffering a workplace injury is frustrating. You may be unable to work, require intensive medical care, and be left with permanent disabilities. However, the situation is all the more vexing if your workers’ compensation claim is denied.
Injured workers depend on workers’ compensation benefits during their recovery. If a claim is denied, the worker may be left with mounting medical bills and other expenses. Here are three common reasons workers compensation claims are denied:
The Accident Did Not Occur at Work
In order to qualify for benefits, your injury must have occurred during work. However, this does not necessitate a specific physical location. If the injury occurred while you were performing your job duties (e.g., out making deliveries), it qualifies. This is one of the most common justifications for a claim denial. Employers and insurers looking to avoid a payout often try to argue that the worker was not “on the job” when the accident occurred.
Do Repetitive Stress Injuries Qualify for Workers Compensation?
When people think of workplace injuries, they often picture a worker falling off a ladder or slipping on a wet surface. However, not all workplace injuries are caused by single catastrophic event; rather, some are caused by small, repetitive actions that wear down a body part over time. These are known as repetitive motion injuries or repetitive stress injuries (RSI).
According to the Columbia University Department of Rehabilitation and Regenerative Medicine, “Repetitive motion injuries are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over again.”
Although RSI could impact any part of the body, the joints in the hands, legs, neck, and feet are most at risk.
Common repetitive stress injuries include:
- Carpal tunnel syndrome
I Was Injured in a Car Accident Caused by My Friend. Can I Still File an Accident Claim?
Being injured in a car accident can be a traumatic experience, especially if those injuries are serious. Not only do you deal with the pain and medical treatment that comes with those injuries, but victims also often face financial difficulties because of the cost of the medical care and lost wages from time missed from work as they recover.
In most cases, when a person is injured in a car accident, there is no hesitation about filing for damages against the driver who caused that accident and is responsible for those injuries. But what happens when that driver is someone you know – a friend or family member? Should you still seek compensation? As difficult as that may seem, the answer is yes.
Car Accidents and Insurance Policies
If you are injured in a car accident caused by someone you know, you should treat it the same way you would if that driver was a stranger to you. Do not discuss the accident or any details about your injuries with them. This does not mean you cannot talk to them at all. It just means avoiding the topic of the car accident.
Illinois Lawmakers Want to Give More Power to Police in Felony Crimes Process
Under Illinois criminal law, when a person is charged with a serious crime, it is up to the prosecutor to take the legal steps to charge the accused with a felony crime. There are cases where a prosecutor will decide not to pursue felony charges, and the charges the police arrested the accused on are dropped, even if the police disagree with the prosecutor’s decision. However, a group of Illinois lawmakers are seeking to change all that and have recently filed legislation that would allow police chiefs to override the prosecutor’s decision.
Felony Process
Under the current law, there is a standard process that every case must go through before a person can be charged with a felony. The first step to this process is the police investigation. If the police feel they have probable cause to charge a person they suspect of committing a crime, they will place them under arrest. In some cases, this involves obtaining an arrest warrant, while in other cases – such as during a traffic stop – the officer can arrest the individual right on the spot.
How to Check the Record of an Illinois Nursing Home
The number of elder abuse cases in this country is alarming. It is estimated that five million seniors are abused each year. One in 10 seniors over the age of 60 report having suffered at least one incident of elder abuse. One of the most common places where this abuse takes place is nursing homes. Almost 40 percent of nursing home residents report they have witnessed another resident suffer abuse of another resident within the prior 12 months, 10 percent of nursing home staff have admitted to physically abusing a resident, and 40 percent have admitted to emotionally abusing residents.
Keeping Track of Nursing Home Facilities with Track Records of Abuse and Neglect
In an effort to protect elderly residents, the Centers for Medicare & Medicaid Services (CMS) established the Special Focus Facility (SFF) program that identifies nursing homes that have very poor records of caring for residents. Once CMS has placed a facility on the SFF list, that facility must make significant improvements on the quality of care they are providing residents and to put in place best practices policies. Facilities have 18 to 24 months to make these improvements in order to “graduate” from the program and be removed from the list. If the facility fails to do so within the required time period, it faces termination from Medicare and Medicaid participation, which will likely result in the facility closing. What Deficiencies Will Place a Facility on the SFF List?
Illinois Courts Reinstitutes Right to a Speedy Trial Rule
One of the rights that an accused has under the Sixth Amendment of the Constitution is the “right to a speedy and public trial.” Although the amendment does not define exactly how long “speedy” is, both the federal government and Illinois have passed laws that define how long a prosecutor has to bring a defendant to trial.
The COVID-19 pandemic changed all that, with shutdowns of the Illinois court system, forcing those time limits to be tolled (paused). Although some proceedings were held via Zoom, the majority of trials have been on hold. However, as of October 1, that pause has been lifted and defendants now have that right to a speedy trial again.
Illinois Law
Under the Illinois speedy trial law, there must be a trial within 120 days for defendants who are in custody. If the individual is out on bond, then there must be a trial within 160 days. If those deadlines cannot be met, the charges against them will be dismissed. The state also has a compulsory joinder law that also protects a person’s right to a speedy trial. This law means that if a defendant is facing multiple charges from the same arrest, prosecutors must bring those charges in one single prosecution act. In other words, there cannot be an individual trial for each individual charge.
Tips for Preventing Commercial Trucking Violations
Commercial truck drivers are held to very high standards and work within strict but necessary regulations. Such standards and regulations are put in place to keep the truck driver and surrounding vehicles safe. To legally drive a commercial vehicle, one must obtain a Commercial Drivers License (CDL). When drivers fail to uphold their expected protocols and rules, that license may be temporarily or permanently revoked, and the driver may face expensive fines. Because roadside inspections are a routine procedure, drivers in this line of work should understand what precautions they can take to prevent CDL violations and avoid license revocation.
How Can Commercial Truck Drivers Prevent Common Inspection Violations?
Truck drivers often suffer CDL violations due to not upholding accurate and current driving logs. This may include failure to record their driving status, falsely reporting their driving hours, or not retaining the record for the previous seven days. It is also important to note that drivers may be fined if their logged hours violate the Federal Motor Carrier Safety Administration Hours of Service Rules. Drivers should be properly trained to understand what is required of them when logging their driving hours and be familiar with all service hour regulations. Additionally, employers should regularly monitor these records for concerns.
Was Negligence a Factor in Your Slip and Fall Accident?
Whether you are walking through a mall, a doctor’s office, or your place of work, no one expects to slip and fall, nor is anyone prepared for the consequences of this type of accident. If you have sustained severe injuries due to an accident you suffered on someone else’s property, it is important to work with an experienced attorney who can help determine what compensation you may be entitled to and hold the responsible parties accountable.
What Causes a Slip and Fall Accident?
There are numerous factors that can lead to employees and patrons suffering a slip and fall on a business’s property, including the property manager’s negligence in properly maintaining walkways, roads, floors, and parking lots. Property owners and managers also need to be mindful of areas such as stairs, escalators, and elevators. When property owners or managers fail to adequately monitor these areas for cleanliness and safety, they may be unaware of slick surfaces or obstructed walkways.
Tips For Reacting to an Officer’s DUI Suspicions
In general, getting pulled over can cause a great deal of tension and anxiety. It is not uncommon for drivers in these situations to be nervous and make mistakes or say the wrong thing as a result. Getting pulled over under suspicion of driving under the influence (DUI) should be taken very seriously, and drivers should be prepared for what is expected of them and how best to handle the situation. Even if you act with the utmost respect and rationale, you could face serious consequences, and it is in your best interest to connect with a lawyer who can approach your DUI defense vigorously.
What Should I Do If I am Pulled Over For DUI?
If you believe you are being pulled over due to an officer’s suspicion that you are driving under the influence, you should first and foremost find a safe place to pull over. Because the officer already suspects you of DUI, they are going to be hypervigilant of your behavior. Therefore, any odd or erratic behavior will only bolster their suspicion. On a similar note, it is important for drivers to understand that officers are trained to protect themselves and be incredibly cautious. Thus, it is essential that drivers do not make any sudden movements once parked.
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