Understanding the Main Elements of a Personal Injury Claim

If you are a worker who has been injured you may be entitled to work injury claim which is also known as a 'personal injury claim'. A claim can assist you financially by reimbursing you for losses and expenses resulting from your injury, but you can also be awarded for your pain and suffering.

Not all personal injury claims are as a result of a workplace injury. Other claims may include; being injured in a road accident either as a driver, passenger or pedestrian or if you suffer a slip or fall in a public place you may also be entitled to a claim for compensation.

Injury claims can vary considerably. It is very important to get advice from a personal injury lawyer who will be able to advise you of your legal rights regarding compensation.

The main elements of a claim include:

• The severity and permanence of your injury.
• Whether negligence can be clearly established.
• The economic impact of your injury (past and future) for example if you cannot work again you may be compensated for future loss of earnings as well as past losses.

Compensation aims to assist you by putting you back in the financial position you were in before the injury took place. As a rule of thumb whenever there is an injury and someone is at fault and there is an insurance company involved, there may well be entitlements to claim personal injury compensation. Even if you are attacked by a dog, providing the owner has insurance (if it happened at their home for example) then there is a chance that you may be able to claim dog bite injury compensation. Even in the cases of when there is no insurance you may still be able to claim dog bite injury compensation but it may prove much more difficult to obtain a payout when you sue an individual for negligence.

In situations where there has been evident negligence on behalf of the employer (or driver etc) personal injury lawyers can be worth their weight in gold. For example, if you had a serious injury at work and it has left you permanently impaired and the injury could have been prevented easily you may be entitled to claims that is ONLY available outside of normal workers compensation.

There are an increasing number of Brisbane lawyers for personal injuries, but you need to find one that offers you a suitable arrangement. For example a injury lawyer Brisbane may offer no win no fee service - but what does that actually mean? One injury lawyer Brisbane may offer no win no fee but still charge legal expenses, even if they do not win your claim for compensation. Our personal injury lawyers offer no win no fee and this means you do not have to pay anything until you are awarded your compensation and they will only charge you reasonably. Beware of lawyers Queensland who offer no win no fee arrangement but charge premiums to cover their risk.

By consulting a work injury lawyer you can firstly; find out if you have a good claim and secondly if your case qualifies for a no win no fee arrangement.

The author is a Malpractice Attorney specializing in accident claims in Boca, Boynton Beach, Jupiter & West Palm Beach.

HVAC Home Improvement Tips

Having a home is one thing; but improving the entire house is another ball game altogether. When it comes to home improvement, there are certain factors that must be put into consideration. One major aspect you must consider in making your home superb is the area of regulating the temperature of the house. This is very vital as it concerns the health of every one living in the house.

Taking the right Steps

When you think of regulating the temperature or the weather condition in your home, you need to go for powerful energy efficient HVAC units. These are sophisticated gadgets meant to regulate the entire weather condition in every good home. Oftentimes, the weather changes without giving you prior information. The winter seasons could be very chilling. Hence, you need quality home boilers or heaters to control the weather condition in the house.

The Necessity of HVAC Units

The term HVAC stands for "Heating Ventilation and Air Conditioning". It's a term given to various units that come as home boilers or heaters which are used in regulating the weather condition of the house. These unites are designed based on the principles of thermodynamics, heat transfers and fluid mechanics. The invention of these HVAC units came with the industrial revolution that swept across Europe and the US at the onset of the modern era. Today the units come in a variety of types and sizes. They are known for their usefulness in industries, companies and homes.

The Three-fold function of HVAC units

When it comes to home improvements, the HVAC units perform three unique functions. The first is the central heating of the entire house. This is often necessary during cold winter seasons. Homes and offices install such units to keep the atmosphere hot in order to foster healthy living. Secondly, the units are also necessary for ventilation purposes. This function enables them to regulate the inflow of air in the house. Thirdly, the units are used for air conditioning purposes especially in Summer times when the hot weather needs to be mild a bit. In fact the units are very necessary for the improvement of every part of the house including the bathroom.

Putting the Bathroom in order

In effective home improvement, bathroom remolding is also necessary. The bathroom also needs effective HVAC units meant to regulate the bathroom weather condition and also for the boiling of hot water. When you plan to remodel your bathroom, it's always very necessary to install quality bathtubs, showers, faucets, sinks, vanities and every other furniture that will go hand in hand with the heating and air conditioning units. All these help in making your bathroom look great for the use of your household.

Making the proper estimate

Having known the necessary gadgets you need for your house improvement purpose, the next step you must take is to estimate the cost of the whole stuff. It's always very important to budget well before you begin the work. Getting useful pieces of advice from professional home decorators and furniture dealers could be very helpful. In the final analysis, bear in mind that home improvement is very necessary for your entire family. Do you best to spend the much you can in making your home heaven on earth. By so doing, you'll preserve the health of every member of your household.

The Author is an experienced writer and publicist.

How to Proceed With a Disputed Workers' Compensation Claim

Until the beginning of the 20th century, an employee who suffered an injury on the job or developed an illness associated with his or her occupation might have been faced with an incredibly difficult challenge. Employers were not held by any significant legal force to come to the aid of their workers and the process for pursuing compensation required that an injured employee pursue the matter in civil court. This meant that the injured employee had to demonstrate that his or her employer was somehow at fault, making the issue of blame a hotly contested one. Workers' compensation laws remove the element of culpability from the equation so that employees can gain swift and unfettered access to benefits.

Rarely does the processing of a workers' compensation claim proceed so smoothly, however, despite the clear intent of the law that this should be accomplished. Part of the trouble is that the two parties that are involved in the evaluation and determination of your claim have a vested interest in finding any reason that they can to deny the benefit payments that you are seeking. Your employer might be saddled with higher insurance premiums if there are too many claims filed and the entire business model of the insurance company that issued the workers' compensation policy depends upon them collecting premiums and minimizing the amount of benefits paid out.

What to Do If Your Workers' Compensation Claim Has Been Denied

It is a truly regrettable state of affairs when a perfectly valid workers' compensation claim encounters obstacles that are essentially baseless. But you must be educated about your rights and the recourse that is available to you if your claim is denied or modified in a manner that you believe to be inappropriate. Working closely with a skilled and experienced workers' compensation attorney can help you to avoid making costly procedural errors and can also ensure that you have all the information you need about your rights.

There are several different ways to proceed in the wake of a denial of benefits. In an ideal world, you should be able to expect fairness and transparency, but this is not always to be found. If you have received a notice of denial, consider the following steps:

    * Attempt to speak directly and openly with your employer and the insurance company to determine why your claim was dismissed

    * Consult with the compliance officers in the office of the workers' compensation commissioner

    * File to initiate a contested-case proceeding

    * Pursue litigation with the assistance of an attorney

 

 

The author hopes this post helps you if you choose to consult with an attorney who is committed to helping to protect the rights of injured workers.

How to Hire Help Your Parents Won't Hate Through an Agency

How can you find capable and honest people whose quirks won't drive your parents nuts? How much will they be paid? For how many hours at a stretch? How many stretches per week or month? Will these people be employees of yours/your parents? Of an agency? Or independent contractors? Do you know how the IRS determines these things and what paperwork and record keeping are required? Have you thought about worker's comp and withholding? Suppose the applicants don't speak much English?

Finding Candidates

There are two common ways to find help. Your parents can hire workers through an agency or can hire privately using referrals from friends, neighbors, physicians, local groups, or advertisements. Do you and your parents know the pros and cons of each option?

Agency hires

What are the pros and cons?

If your parents hire through an agency, the helper is the employee of that agency. It will find candidates, select a helper, pay that person, withhold taxes, provide W-2 forms to the helper, and bill you/your parents at its hourly rate. Although your parents will not have to recruit, screen, or haggle over wages, they will have limited choice in whom the agency sends - but somebody will show up, including substitutes when your parents' worker is ill or on vacation. Clients may ask about the agency's hiring and screening policies but are expected to rely on the agency's selection.

If your parents have a problem with the worker, they can call the agency and a supervisor will talk to the worker for them. This is a strong argument in favor of agency hires, as long as your parents are willing to ask for help. How likely are your parents to report dissatisfaction while problems are small and easily fixed? Will they have the moxie to call the supervisor? Will they let you know?

Your parents will probably be charged between $20.00 and $40.00 per hour and will have to agree to a minimum number of hours per visit, usually four. The worker receives about half of the agreed-on fee. If the worker is dissatisfied with the fee schedule or benefits, that dissatisfaction is with the agency, not with your parents. Most agencies have policies prohibiting clients from supplementing salaries or giving gifts to their helpers. This is to protect clients from pressure by rather poorly paid helpers. If a helper suggests ways to skirt this policy and bestow tokens or riches, the agency should be told immediately. This could lead to financial abuse. Will your parents tell you or the agency promptly if this happens?

Types of agencies:

If your parents need simple housekeeping, they should work with a housekeeping agency. If they need in-home help including personal assistance, they should use agencies that specialize in in-home helpers and non-medical personal care providers. If they need assistance with health problems, they'll need to look into more skilled home health aides.

The first option, housekeeping agencies, provides people who clean homes. But even this apparently simple option should be influenced by the results of the check sheets.

• Some house cleaners sent by housekeeping agencies bring their own cleaning supplies. That's a help if it saves you or your parents a shopping trip, especially one that involves hauling heavy containers. But it's a problem if your parents want specific cleaning products used and not others.

• House cleaners from agencies probably are on a fairly tight schedule, will come in, clean, and move on to the next house and may work in pairs or teams. This is great if your parents want the house cleaned quickly because it reduces the time somebody is in their home. But it can be a problem for a parent who doesn't like people in the house because it increases the number of people there at one time. And with a team cleaning, several rooms may be in upheaval at the same time.

• Agency house cleaners may also chat with each other, and not necessarily in English. This can be a problem if your parents don't want the noise involved with several people cleaning and talking. If they want to work along with or supervise the helpers, they may hit trouble both because of the helpers' time constraints and also because they may not speak much English. And, if your parents want sociability as well, they may want to avoid this option. These workers get paid for cleaning, not talking, and need to move quickly and get on to their next job.

 

The second option, agencies that provide personal assistance and light housekeeping, offers more services and more sociability. Even if your parents don't need much assistance beyond light housekeeping at this point, choosing an agency that provides in-home health aides may make sense. As your parents' needs increase, they won't have to start fresh with a new agency. These agencies provide employees who can offer broader services including transportation, sociability, assistance with activities of daily living (ADLs), and other support. In essence, your parents make a list of things they'd like help with, how many hours a day/week they'd like assistance, and the agency does its best to match the request with their available staff. The agency bills an agreed hourly rate based on the level of difficulty of the services provided. It has policies about weekend, holiday, and overtime charges.

 

To get the best match through an agency that provides help beyond housekeeping, you and your parents should give the intake worker at the agency a detailed list of what your parents want help with and how they want to be helped. Checklists are posted at http://www.safehelpinyourhome.org. These checklists should be reviewed right away with any helper who shows up at the house to prevent the well meaning 19-year-old aide from driving your parents crazy by gabbing all day long about a fruitless search for a soul mate. Review the checklists and work regularly with the aide, and pass the feedback along to the aide's supervisor at the agency. Attention to little details at the outset will make eldercare services more tolerable to your parents now and in the future.

 

The author will show you how to craft a caregiver job description, describe all those details so essential to your parents, decide whether to hire through an agency or independently, how to screen, interview and check references to reduce the risk of abuse, neglect, theft and identity theft, how to offer the job and provide a feedback loop to adjust and update plans as needed.

How to Lower Your Workers' Comp Insurance Costs

If the law says you need workers' comp insurance--and in most states, it does if you have three or more employees--you may think you're stuck with the premium you're quoted. Not so. Some creativity and attention to detail can mean plenty of savings. These tips can help you save on workers' comp premiums while still providing your company and your employees the coverage you need:

- Classify employees correctly. Your workers' comp policy shows classifications, job descriptions and estimated payroll. Review it for accuracy, and contact your agent or carrier with questions or to make clarifications or changes.

- Consider a deductible. Typically, workers' comp covers from first dollar, but most states allow deductibles, which earn you premium credits. Consider your claims history and the amount of the credit when making your decision.

- Drop your own coverage. Many states let owners or corporate officers take themselves out of the workers' comp policy. That could lower costs, but would also mean you wouldn't be covered for an on-the-job injury. Make this decision based on the type of business you're in and the work you do. If you work primarily in an office or low-risk situation, this could be a good idea. But if you spend most of your day on construction sites or other potentially hazardous locations, your own coverage could be worth the cost.

- Ask about merit rating credits. In many states, smaller businesses that typically pay $5,000 in premiums or less may be entitled to a credit of 5 to 15 percent if they have not had any lost-time claims during a period designated by the carrier. Talk to your agent or insurer about what's available and how you qualify.

- Start safety and drug-free workplace programs. These programs may qualify for premium credits. Most workers' comp insurance companies assist their policy holders in establishing and maintaining such programs. Also, keep in mind that in addition to saving you on workers' comp premiums, these programs can be beneficial in a variety of ways, such as creating a more attractive environment to top workers and as a marketing tool with safety-conscious customers.

- Keep accurate payroll records. Insurance carriers deduct "excludable compensation" (such as the difference between base and overtime pay, tips and some other forms of compensation) from your payroll to determine your premium, so keep detailed records. You need to report more than just the total wages you paid.

- Shop around. There was a time when all carriers charged the same rates, but those days are gone. Shop around for the best rates and support services.

 

The Author is the editor of Flash newsletter. Flash is a comprehensive information resource for business owners and managers who want to take their operation to the Flash.

Senior Care Help For Alzheimer's Patients

Endless, irrational activities, continual requests for food or drink, an endless merry-go-round of medicines and never-ending questions or concerns about life, death, old friends, relatives and imagined events are just a few of the things family members deal with in providing senior care for those with Alzheimer's and related dementia. It is easy to understand why many times the family wears out first. The day in and day out stress of being on-call 24 hours a day and attempting to fill the never-ending and changing needs of your loved one extracts a huge toll. Fortunately, senior care agencies can relieve most of these pressures by providing excellent home care for the Alzheimer's patient and peace of mind for the family.

Senior care agencies take over the hard, demanding and physical work of Alzheimer's care allowing you to spend valuable time visiting your loved one and enjoying their company. These agency caregivers doing Alzheimer's home health care and senior care companion services are well-trained in a wide variety of special need situations and have Home Health Care Aide licenses issued by the State in which they work, New Jersey for example. These senior care professionals are typically matched to the patient by both personality and needs.

Personal care for clients with Alzheimer's includes preparing special meals, dispersing medications and assisting with grooming and bathing. Activities designed specifically for Alzheimer's patients should be used to help alleviate the symptoms of this insidious condition. Normal housekeeping and trips to the doctors or social gatherings are usually a part of this personalized caring service. Family members can feel safe if the company employing the senior caregivers is licensed, bonded, insured and require its employees to pass criminal and DMV background checks. Defenseless senior citizens are most safe with these screened, licensed and empathetic caregivers.

Senior care providers allow loved ones to enjoy the quality time they spend with each patient by taking over the difficult, 24 hour a day seven days a week care. They keep your loved one healthy and safe while treating everyone with dignity and respect.

When exploring options for specialized Alzheimer's care, be sure to ask the agency their experience and if they have references they can provide specific to Alzheimer's care. You can also check out your local Chapter of the Alzheimer's Association. They can also be reached by calling (800) 272-3900. If you do the proper homework, everything should turn out fine.

 

The author is an experienced home care consultant, writer and researcher.