It is no wonder most parents are terrified of losing their children to drowning since one-fifth of the victims of the thousands of annual drownings in this country are children. If your child has nearly drowned in your neighbor’s swimming pool, you doubtless want to file a lawsuit — not only to receive some measure of compensation, but because of an urgent desire to sound the alert for other parents about the dangers of inadequately supervised pools.

Not “Can I Sue?” but “Should I Sue?”

Our courts allow you to sue for almost anything, but to file and win a personal injury lawsuit you need a competent attorney at your side and no competent attorney will take on an unwinnable case. This is why it is essential to consult with a well-respected drowning accident attorney to find out whether your case is viable. Lawsuits are time-consuming, emotionally wearing, and costly, so it is foolish to pursue one unless it is likely to achieve the desired results.

All Property Owners Are Responsible for Keeping Their Premises Safe

Your neighbors, like all property owners, have a responsibility to keep their premises safe for others. This responsibility is known as “premises liability” and requires, among other things, that they repair broken stairs, warn of slippery surfaces, remove obstacles, and make sure their swimming pool is well-maintained and supervised. Although specific statutes differ from one state to another, in most instances pools must be fenced in and locked.

How Premises Liability Is Proved

It is important to understand that in order to prove your neighbor’s negligence, your attorney has to be able to show that:

• Your neighbor had a duty of care
• Your neighbor breached that duty of care
• Your neighbor’s breach caused your child’s injury
• Your child sustained actual injury

Negligent Supervision

If your child almost drowned in your neighbor’s pool due to negligent supervision, you may have evidence strong enough to win a lawsuit. Nonetheless, because each set of circumstances is unique, only a first-rate premises liability attorney will be able to assess the particulars of your case. Much will depend on whether you were present at the poolside, tasked with watching your own child, or whether your neighbor was in charge at the time of the accident.

If your neighbor invited your child to her home without you, however, even if she did not intend for your child to go swimming, it was her responsibility to protect your child from the foreseeable danger of seeking out her pool, or accidentally falling into it, and to prevent such an occurrence.

Even if your child wandered over to her home and was tempted by the “attractive nuisance” of the swimming pool — perhaps enhanced by a colorful floating toy or a water slide — your neighbor is responsible for your child’s (or any child’s) safety while he or she is on the property.

Nonetheless, other factors, such as the age of your child, may affect a court’s judgment since a young teenager is expected to understand the concept of risk while a toddler is not. Also, an older child is expected to have greater control of his/her own movements. While it may be reasonable to leave two adolescents who know how to swim in a pool unattended for a few minutes, the same behavior is never acceptable when 6-year-olds are involved.

How badly was your child injured?

There is a broad spectrum of injuries, short of wrongful death by drowning, that may be incurred at a neighbor’s swimming pool — ranging from scraping a foot on a jagged surface to suffering traumatic brain injury (TBI) and including everything in-between. Only an experienced drowning accident attorney will be able to weigh the likelihood of your winning a premises liability lawsuit in your particular case.

What will damages provide if you win your case?

Economic and non-economic compensation will not undo whatever damage has occurred, but money provided will pay for medical treatment, rehabilitation, psychological counseling, ongoing care for a permanent disability, and some measure of justice for pain and suffering of loss of enjoyment of life. If your neighbor’s reckless behavior was especially egregious, it is possible that the court will also award you punitive damages.

You Need an Accomplished Attorney to Ask and Answer All the Right questions

There are numerous questions to be answered, such as: Did your child have a close call but begin playing happily within the hour? Did your child suffer minimal brain damage from lack of oxygen? Did your child develop post-traumatic stress as a result of the incident? Was your neighbor the person who saved your child’s life? Did you make it abundantly clear to your neighbor that you were leaving the child in his care? Did your child come away from the accident with a long-term (though not near-fatal) injury, like a broken bone?

Beyond the complexity of all the legal questions, you have to ask yourself the most basic question of all: Who is the best swimming pool accident attorney to consult?

Attorney Bio Bruce H. Nagel is widely recognized as one of the premier trial attorneys in the country having been named by the National Law Journal as one of America’s Top 50 Elite Plaintiff’s Attorneys. He specializes in complex litigation including serious personal injury, class actions, medical malpractice, birth injuries, transportation accidents, and business disputes and has obtained over $1 billion in settlements and verdicts for his clients. Many of his high profile cases have been featured on Nightline, Good Morning America, Today Show, Inside Edition and in print media throughout the world. The national legal correspondent for a major network called Bruce “a well-known New Jersey lawyer with an excellent reputation for creative litigation.”

Medical negligence is a scenario in which a doctor, nurse, surgeon or any other medical professional causes injury to a patient by their action, failure to act, or by deviating from standards, or a duty of care expected of them.

A good example of medical negligence may be a case where a surgeon forgets a surgical apparatus within an operated patient or adopts a wrong procedure that worsens the situation, and possibly results in further unnecessary treatment.  

Patients have the right to file a legal action against healthcare providers whose careless actions or mistakes during treatment worsened their condition and/or resulted in extra costs. This is referred to as a medical negligence claim. In order to have a good claim, the errors must be proven.

This article looks to explain medical negligence in detail, as well as reveal how it can be proven.

Types of Medical Negligence

There are six very common types of medical negligence. Patients who any of these apply to should consult a medical malpractice-specialist law firm to find out if one occurred. They include:

1. Delayed diagnosis;
2. Wrong diagnosis;
3. Surgical errors;
4. Birth injury;
5. Prescription errors;
6. Failure to administer treatment.

Delayed diagnosis

A case may be regarded as ‘delayed diagnosis’ in a scenario where the doctor carries out a diagnosis poorly or pays little attention to test results, thus leading to the late discovery of the actual medical condition of the patient.

In this type of negligence, the medical practitioner makes a correct diagnosis, but only after the wrong diagnosis has been made. The delay in issuing the right treatment gives room for the worsening of the patient’s health condition.

Wrong diagnosis

This type of diagnosis is similar to delayed diagnosis. However, the wrong diagnosis is a scenario in which the doctor diagnosis the patient with a disease he/she does not really have, or incorrectly jump to the conclusion that the patient has no discernable illness. 

It is worthy of note that not all cases of misdiagnosis are considered medical negligence. Those considered are only cases in which the doctor fails to follow standard practices or do what other doctors would have done to help the situation.

Surgical errors

A surgical error is a scenario in which the doctor makes mistakes during surgery that could endanger the life of the patient.

Some examples of surgical errors include:

• The use of non-sterile medical instruments;
• Forgetting medical instruments and other objects  inside a patient;
• Carrying out unnecessary surgery;
• Causing damage to nerves, organs, or tissues.

Contrary to popular misconception, in certain circumstances where the patient may have signed a consent form agreeing to proceed with a surgical procedure irrespective of the risks of complications or death, the patient can still sue the doctor. 

Birth Injury

The birth process can be very distressing for the baby, and even worse if the delivery process is not well handled by the nurses and doctors. Medical malpractice can occur during delivery in different ways such as incorrect diagnosis of the newborn’s medical condition, improper handling of complications, carelessness during C-section. For example, a doctor cutting too deep during the procedure that the baby gets cut.

Negligence during childbirth can result in serious lifelong complications that can cost so much.

Prescription Errors

Prescriptions errors can be very dangerous and life-threatening, and they are prevalent. A study based on prescription errors in about 900 children in the United States revealed that 30% of the errors took place during prescription, 25% during dispensing, and 40% during administration.

That said, prescription errors can be classified into two different types. They include:

Wrong dosage/incorrect prescription

Taking the wrong medication even when prescribed by a doctor can worsen a patient’s health condition. The same thing applies when the healthcare provider prescribes the wrong dose.

Sometimes, the error may not come from the doctor, but from the pharmacist who may misinterpret the doctor’s prescription. In cases like this, the pharmacist is held responsible for the resulting injury.

Administration errors/drug combination

Sometimes, patients may find prescribed drugs ineffective, or discomfort as a result of severe side effects, even when the doctor made the right prescription. This often results from something called an interaction. An interaction may be caused when certain drugs that do not go well together are taken concomitantly, or when a drug meant to be avoided in the presence of a certain medical condition is taken.

In a situation where a patient sustains an injury or deteriorates in health (when it could have been avoided,) the doctor can be held liable. This is because it is the doctor’s duty to check the medical history of the patient to find details such as drugs he/she is allergic to, what other medications the patient is taking and how they may with prescribable drugs, as well as underlying medical conditions.

Damages for the Negligence

If a doctor neglects standard practices, and as a result, a patient gets injured, the doctor will be held liable. This will leave the patient entitled to a sum of damages. The sum of damages is an amount of money a doctor is required by law to pay a patient who his/her negligence caused injury. The sum is to compensate the patient for costs he/she might have incurred as a result of remedying the situation.

For damages to be paid negligence must be proven. For instance, if a patient undertakes a C-section, and suffers a self-inflicted injury down the line that causes the stitches to lose, it may not be regarded as a case of negligence. On the one hand, if the stitches come off without any influence as a result of the surgeon’s incompetence or negligence then the doctor may need to compensate the patient.

Who may be liable?

While some people believe that only doctors are, or can be victims of medical negligence, the reverse is the case. Several other healthcare practitioners are covered as well. Practitioners like:

• dentists;
• midwives;
• pharmacists;
• surgeons;
• psychiatrists;
• nurses;
• obstetricians.

Besides those listed here, other medical specialists entrusted with the health and welfare of patients may be victims too.

Duty of Care

The primary assignment of every medical professional is to avoid acting in ways that can hurt a patient, or worsen his/her medical condition. This is referred to as the professional’s duty of care.

In the event of a medical negligence claim, one of the very first factors that will be considered is whether the doctor failed in his duty of care. Usually, to find out, a third party practitioner of the same medical field as the accused is given clearance to asses the issue.

If he discovers that the doctor in question failed in executing his/her duties in accordance with established standards or delayed in administring care, it becomes a big step towards establishing that it is a case of negligence indeed.

Where it is concluded that it is a case of medical malpractice, the patient will require the help of a solicitor to help achieve a sum of damages.

What can be Covered?

Depending on the level of harm or injury inflicted on the patient as a result of medical negligence, different compensation plans may be arranged.

For instance, if in a case, the patient suffers a severe injury that may prevent him/her from working and receiving income, the accused doctor may required to cover future costs of the patients beyond that for remedying the situation. On the other hand, if the patient sustains minor injuries, he/she may be compensated commensurately.

However, most doctors, as well as other medical practitioners, obtain indemnity insurance to protect them against this aspect of the law. This means that in the event of a negligence claim against an insured healthcare provider, the patient will be batteling the professional’s insurer. In such a scenario, it is always best for the patient to consult a good lawyer.

Conclusion

It is true that compensation can never fill in the gap that may result from the effects of medical negligence. However, running out of cash or getting into unnecessary debt on this account will not help matters. On the flip side, getting compensated may provide some sort of relief for what would have been a helpless situation. If you or a loved one happens to suffer from the medical malpractice of a doctor, try to get in touch with an expert law firm to help you asses the level of damage caused, and what can be achieved. The earlier the better, always!

At The Divorce Attorney’s Abogado Aly Office We Make You Understand Your Rights And Be Respected

Generally, divorce is an emotionally and financially exhausting time. However, a qualified Houston divorce lawyer helps make this process much easier.   

Below, we present some of the tasks in which this professional can advise their clients.

1. Explain the reasons for divorce

In each state, certain grounds for divorce have been established that grant one of the spouses the right to request the court to dissolve the marriage.

Among the causes, are the following:

• Adultery
• Cruel treatment
• Abuse
• Imprisonment

On the other hand, all states recognize “no-fault motives” for divorce. However, in certain cases, spouses are required to live apart for a certain period of time before their courts can dissolve the marriage.

A divorce lawyer in Houston will explain if there are benefits for asking the court to dissolve the marriage because of fault.  This would be relevant to determine if spousal support will be available and in that case how much will be granted. On the other hand, it will also evaluate how feasible it is to annul the marriage instead of divorcing. It is possible that there is a defect or that a legal requirement allowing this procedure to be ignored.

2. Provide objective advice

Although this is an important emotional process, a divorce lawyer in Houston is able to make it more enjoyable.  

This is because he can talk to you about all the factors that will affect your future, among which are:

• Support and custody problems.
• Intermediary between the spouses.

3.Contabilize conjugal assets

In order for equity to be properly distributed, a divorce attorney in Houston will make sure that your client discloses all assets.  In many marriages, one of the spouses may have handled the money and the other may not be aware of the couple’s debts and assets. The proper attorney will help collect the records and locate the assets and liabilities, so that the divorce agreement appropriately addresses these possessions.

4.Explain the property division

A divorce lawyer in Houston has the ability to explain how assets will be treated after the dissolution of the marriage.  Each spouse may have separate assets that they brought to the marriage; others may own assets accumulated separately according to a prenuptial or postnuptial agreement. The indicated professional will explain if the properties correspond to a state of community property or one of equitable distribution. This characteristic can make a key difference in the distribution of marital patrimony.

5. Expert Advice

A divorce lawyer in Houston will have expertise in handling divorce cases, so you will get advice from an expert in this field. A divorcing couple might not be familiar with all the divorce process. A good attorney knows all the process and will guide you through the whole process.

6. Paperwork

There are various documents needed for filing the divorce to support the case. A good divorce attorney in Houston will help the client in procuring all the required documents as well as filling all the forms.

7 Negotiating a good settlement

A good divorce attorney in Houston will help you focus on getting the best deal possible rather than just winning the case. It might mean compromising on small issues so that you can end up with more of what you need.

8 Child custody plans

A divorce lawyer in Houston can help the clients in devising a custody plan that works well for both the parents and also keep the child’s interest in mind.

9 Reducing Stress

Divorce can be a very stressful process. By hiring a good divorce attorney in Houston can reduce stress and you can also concentrate on your other commitments.

10 Making it a quick process

Divorce can be long process. It can be tiring as well as expensive. However, A good divorce attorney in Houston can quicken the process. He knows what to say and what not in the court, thus making it a faster process. Divorce can be a very tedious and stressful process. A divorce lawyer will help in making it a smooth process and also negotiate better terms for the client.

While seeing a long stretch of open road ahead of you can be tempting to floor it and see how fast your car can go compared to other drivers, street racing is illegal in Ohio. According to Ohio law, street racing, drag racing or other type of unregulated racing is illegal. Street racing occurs when two or more drivers attempt to race each other side by side.

Drivers may see it as a way to show off their fast or expensive cars, but there are serious consequences of street racing accidents in Ohio.

First, in inclement conditions or on ill-kept roadways, accidents can occur. These accidents can involve the racing drivers, or other innocent drivers on the road. They can result in injury, either permanent or temporary and even death. Young, new drivers with less self-control and more reckless habits are more likely to engage in illegal street racing. It’s important that these young drivers are taught the consequences of street racing accidents in Ohio and understand that their actions can result in a street racing accident lawsuit.

Next, street racing is also a first-degree misdemeanor. The punishments for a first-degree misdemeanor include suspension of driver’s license for 30 days to three years, 180 days in jail, and up to $1,000 in fines.

Should you be caught street racing, even for the first time, you can be charged with a misdemeanor and face the aforementioned punishments. The state may charge that you were recklessly acting as a danger to the public, even if no one was hurt or if no accident occurred. Street racing can have serious financial and criminal impact on your record if you were caught.

Were you hurt in a street racing accident?

Unfortunately, even as people drive safely and follow all the rules of the road, other drivers can pose a serious danger. If you were injured in a street racing accident in which you were not participating, it’s important to first seek medical attention and then call a Columbus car accident attorney at Miller Law. Our Columbus personal injury attorneys can help victims of street racing accidents seek compensation for their injuries. It’s important that victims seek compensation as the ramifications of injuries can decrease victims’ earning power, stick them with expensive medical bills and leave them with permanent disabilities. Contact Miller Law to schedule a consultation with one of our Ohio street racing accident lawsuit attorneys.

Who could forget the media coverage of the massive wildfire that struck Gatlinburg, Tennessee in 2016? Similarly, the California wildfires the following year were particularly destructive. FEMA estimates that fires caused a whopping $23 billion in losses nationwide throughout 2017.

Would you be surprised to learn that the Gatlinburg fire was allegedly sparked by an arsonist? Arson, or fire-related crime, is surprisingly common even in our home state, Texas. How do authorities across the state investigate and punish arson crimes? What types of defense strategies can you use if you’re accused of arson? Get all the details below.

Arson-Related Charges in Texas

Fire-starting is a crime because fires can quickly spread out of control. They have the potential to destroy buildings, cause fatalities and injure innocent bystanders. Federal laws prohibit the willful setting of fires, conspiring to cause a fire and attempting to damage property through fire.

In Texas, arson crimes are defined as:

• Starting a fire or explosion with the intent to damage or destroy
• Recklessly causing a fire or explosion while manufacturing a controlled substance
• Intentionally starting a fire that spreads and unintentionally causes damage

There are a few exceptions to these laws. If the fire in question started during a controlled burn of open space, then the act won’t be considered criminal arson. Similarly, if the fire-starter obtained a legitimate permit for the fire, then it’s not arson.

How Arson is Investigated in Texas

So, how do arson crimes get investigated in Texas? Most often, an arson case is opened when someone reaches out to the authorities regarding a fire. Immediately, firefighters, police and investigators are dispatched to the scene. The first priority for responders is to ensure everyone’s safety and stop the immediate threat.

Once the fire is stopped and those in need are receiving care, investigators take over. They begin analyzing the scene, searching for evidence and taking specific notes. Here’s what goes on during this initial investigation:

• Investigators attempt to collect any DNA, fingerprints and other forensic evidence from the scene
• Analysts will look for signs of accelerants
• Witnesses will be interviewed
• Authorities will take photographs and videos of the scene
• Detectives document their experiences by completing a report
• Evidence gets processed at the lab

Prior to 2011, detectives utilized the process of elimination to prove without a reasonable doubt that a fire was arson. In short, if detectives couldn’t find a legitimate reason for the accidental ignition of a fire, then they’d assume it was arson.

Another method early arson investigators used was focusing on evidence that proved a fire burned at an unnaturally hot temperature or at an unnaturally fast pace. Investigators assumed those factors were good indicators that a fire was intentional.

Over time, several problems arose due to these accepted practices. It became clear that anecdotal evidence and an inability to find the cause of a fire doesn’t prove that a person intentionally started a fire. This revelation has helped change the way fires are investigated, but it’s also made prosecutors realize that they may have falsely imprisoned dozens of innocent people.

What to Expect After an Arson Conviction

Under Texas law, arson is a serious felony. That means there’s a potential for significant penalties after a conviction. The circumstances surrounding your case will dictate what level of arson charges you’ll face. Here are the levels of arson-related crimes:

• State Jail Felony: person’s recklessness while manufacturing a controlled substance starts a fire which causes property damage
• 3rd-Degree: person’s recklessness starts a fire that causes injuries or deaths
• 2nd Degree: the fire was started intentionally that causes property damage with losses from $150,000 to $300,000.
• 1st Degree: the fire was started intentionally to cause injury, property damage or death. Losses exceed $300,000.

A 1st-degree arson charge is the most severe, so it carries heavy penalties. A conviction will result in a jail sentence. You’ll be given a sentence ranging from five years to life in jail depending on the circumstances of your case. You’ll likely also be heavily fined. The maximum fine you could face is $10,000.

Second-degree arson charges are less steep, but convictions still result in a loss of freedom. Often, this crime carries sentences ranging from 2 to 20 years in jail. The least severe arson crime, a state jail felony, may result in anywhere from 6-months to 2-years in prison.

Keep in mind that a criminal conviction will impact other areas of your life. If someone else was injured or lost property, then you could face a personal injury or wrongful death lawsuit in civil court. A criminal conviction will work in favor of the victim’s civil claim.

Defending Yourself Against Arson Charges

Have you recently been charged with arson? The severe penalties looming over your head should be concerning. Whether you’re knowledgeable regarding the law or not, it’s often best to hire outside legal representation who can help you reach the best possible outcome. Here are a few tips that you need to remember during the initial investigation process:

• You have the right to remain silent
• You have the right not to incriminate yourself
• You have the right to have an attorney present during questioning
• Never admit fault or say that you caused the fire
• You do not have the right to lie to the authorities

As the investigation proceeds, you may or may not be free to leave police custody. You may also be subject to intense questioning. Remember, you have the right to remain silent and the right to request a lawyer.

Reclaim Your Rights: Retain a Lawyer

It’s clear that the forensic science behind proving arson is limited. That means it’s more difficult to prove without a reasonable doubt, that someone has committed the crime. This burden of proof remains on the shoulders of the prosecution, which will ultimately work in your favor.

Are you or a loved one facing arson charges in Texas? Don’t hedge your freedom on the hopes that a judge or jury will take your side. Instead, utilize your Constitutional right to hire qualified legal representation to fight for you. Are you ready to get started on a defense strategy?

We bet you have a big job or project coming up and you need a reliable vehicle or pickup truck to help you get it done. Or maybe it’s time for you to upgrade to a newer model and you’re in the market for a new pickup truck for work.

Pickup trucks are big, highly capable and heavy-duty to help people cart materials and tools from worksite to worksite and also double as an on-hand vehicle for miscellaneous personal tasks. If you need to move a family member into a new home, a pickup truck is a vehicle that can get it done. If you’re a contractor or a foreman that takes work with you wherever you go, a pickup truck is the go-to vehicle for most people in the industry.

Whatever your reason for looking for a pickup truck, it’s important that you choose the best pickup truck for your needs. Luckily, National Truck and Equipment Sales has put together a handy guide to choosing the best pickup truck for your needs. Here’s what to consider when finding your next pickup truck.

Bed Size: When looking for a new pickup truck, it’s crucial to decide how much carrying capacity you need. Compact and midsized pickup trucks tend to have a smaller bed, meaning there’s not too much you can toss in the back. But they also tend to have a better fuel economy, especially when they’re unloaded. On the other hand, full-sized pickup trucks are giant, with a bed size of about 8 feet long.

Cab Size: Depending on your personal or family life, you might need more size in the cab to drive other passengers. Some pickup trucks only have a front cab that can hold two to three people. Others have a full-sized cab with rear passenger doors that allow for the passenger capability of an average sedan. Furthermore, a full-sized cab can be utilized for extra storage for smaller tools, toolboxes and other equipment.

Towing Capability: Heavy-duty pickup trucks are suited for hauling trailers, campers, boats and more behind them. But it’s important that you understand the limits of these capabilities and how the tow hitch is positioned for towing. For towing and trailing, it’s important that the towing equipment is installed by the manufacturer for ease of wiring for signals and brakes and the durability of the tow hitch. It’s also important to understand the engine power of the pickup truck and how it relates to towing capacity. When choosing the best pickup truck for your needs, it’s important to connect with industry professionals to help you determine the best pickup truck. The experts at Robertson Truck Group are ready to consult with you on our truck sales inventory to help you find the best pickup truck for your needs. Contact Robertson Truck Sales for over 35 years of experience on your side when finding a new truck.

Simply getting charged with drinking and driving in Ohio can cost you your commercial driver’s license. That, of course, means getting charged with what state law calls operating a vehicle while intoxicated (OVI) can cost you your job as a commercial driver.

Police officers and state troopers in Ohio have the authority to impose administrative license suspensions in conjunction with OVI arrests. Such a suspension takes effect immediately, and it applies to both the driver’s own personal license and any CDL he or she holds. Even if a person were pulled over for allegedly driving under the influence in his or her own car, an administrative license suspension will apply to his or her CDL.

Law enforcement officials can make administrative license suspensions in the following circumstances:

• A driver registers a blood, breath, or urine alcohol concentration above the legal limit; or
• A driver refuses to submit breath, blood, and urine samples for alcohol and drug testing;

The suspension will last a minimum of 90 days, during which the person under penalty will not be allowed to legally operate any commercial vehicle. Appealing an administrative license suspension is possible, but that must be done within 30 days of the date on which the penalty was imposed or the first court date. Separate appeals processes exist for a personal driver’s license and a CDL.

Be aware, too, that an arrest for allegedly drinking or driving will show up on the record that the Ohio Bureau of Motor Vehicles keeps on you. While a Franklin Country commercial driver DUI attorney can help you appeal to the BMV to get your CDL reinstated, sealing or expunging your driving record will not be possible. The best you can do in this regard is to ask your lawyer to share with your current or potential employer information about why the arrest and CDL suspension were made in error.

Here, I have focused specifically on administrative license suspensions because that is likely the greatest concern for CDL holders. It is also a penalty many Ohio drivers do not know exists until they find themselves subject to it.

All drivers charged with drinking and driving in central Ohio face stiff penalties that include jail time, high fines and a court-ordered license suspension. Several effective defenses against OVI convictions are available, so it will definitely help to consult with an experienced Franklin County DUI attorney. Calling The Maher Law Firm at (614) 205-2208 or contacting us online will cost you nothing. We take most cases on a flat fee basis and we can also help with criminal and traffic offenses separate from but related to the OVI charge.

If you have suffered from an injury at workplace, you’d often think that there is Workers’ Compensation Act to protect your rights and interests. But if you read about people who have had to deal with the trauma of an injury and its aftermath, you’d come across numerous stories where employers and their insurers have used every possible means to deny injured employees their rightful compensation. In fact, the system is anything but fair and friendly to people who have suffered injuries at workplace.

At a time when your mind is likely to be occupied with the thought of recovering from your injury and getting your life back in order your employer and their insurers might be plotting to deny you the benefits. If the system was completely fair there would be no demand for workers’ compensation attorneys in America. While there are employers who support an injured employee in the aftermath of an injury these numbers are way lesser than those who prefer to wash their hands-off injured team members. At times it is the insurers who force employers to look the other way.

It is important for you to stay alert about the steps that your employers are likely to take in order to deny you the rightful workers’ compensation benefits. Here we shall look at the three types of compensation petitions that your employer is likely to file in order to stop your compensation and what you need to do in such cases.

Three Types of Petitions You Need to Fight

Type 1 – Termination Petition – This is the most common type of petition that your employer is likely to file in the aftermath of your injury claim. As the name suggests in this petition the employer would try and prove that you have fully recovered from the injury suffered at the workplace and are physically fit to resume active work without any restrictions. This petition will have to pass through medical scrutiny and if the employer can establish the fact that you have recovered from your injuries your benefits are likely to be stopped.

In the event of this petition you will receive a notice from stating the termination of your benefits and you need to immediately get in touch with your workers comp attorney to seek the right kind of legal guidance and challenge this unfair step taken by your employer or their insurer.

Type 2 – Suspension Petition – The second type of petition that is filed by the employer is the Suspension Petition. This petition is filed to stop your wage loss benefits that are offered under the Workers’ Compensation Law. Under this petition the employer will continue to provide you with the medical benefits. Usually this petition is used when employees return to work at the request of the employer but aren’t able to do the same kind of work as before though they continue to draw the same wages as before.                                               
In this kind of petition your employer will need to get your signature on what is called a Supplemental Agreement or the Notice of Suspension after you have resumed work. They may engage in encouraging talk to have you sign this agreement. You should politely refuse to sign this agreement before talking to your attorney who can explain to you the legal ramifications of signing this one. Your workers comp attorney can challenge the unjust notification within a period of 21 days of this being filed with the Bureau of Workers’ Compensation. It is thus important for you to keep this 21-day deadline in mind.

Type 3- Modification Petition – Though this type of petition is less used as compared to the earlier one we have seen; you still need to stay prepared for it. Such petitions are filed when you have resumed work after the injury in a reduced capacity compared that prior to your injury and draw lesser wages as compared to the past. The employer in a bid to get you off the rolls might use the Modification petition to suggest that there are other jobs which can be performed with the kind of restrictions you have, and the same jobs are available within your geographical reach. There are times when the employer might even force you to take a vocational interview. In such cases your wage loss would be calculated based on the difference between your current ways and not the wages prior to your injury. In many cases you can be completely denied the benefits.

If you have received a request to undergo vocational interview or received a notice on the Modification petition you need to immediately get in touch with your attorney and they will offer you the right direction in order to protect your rights and worker’s compensation benefits.

Keep these things in mind and choose a reputable workers comp attorney and they will protect your rights and interests.

About Author: James is a blogger who has been writing about Law and Workers’ Compensation Act for many years. He is actively followed for explaining different aspects of Workers’ Compensation Act and making it easy for readers to understand this act and its various aspects. As an workers comp attorney he has more than ten years of experience in helping injured workers defend their rights and has been able to get his clients adequate compensation for their injuries.

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