Marietta

Child Sexual Assault Lawyer For Florida, N.Y, Georgia

Get a Child Sexual Assault Lawyer

Was your child sexually assaulted?

Sexual Assault and Harassment Lawyers For Florida, New York and Georgia

Child sexual assault, sexual abuse and abuse are crimes which include:

voyeurism

exhibitionism 

sexual photographing or videotaping,

forced touching in a sexual manner,

forcing your child  to engage in sexual touch while under their care,

coerced and/or forced sexual intercourse,

physical violence

Date rape

Sexual assaults can happen in  schools, daycare, with anyone whom you trust with the care of your child.

Then the abuserwill often make your child  feel guilty and your child, the  true  victim will not come forward and break their silence.

As a parents or guardian you may bring a lawsuit on behalf of a child. Child sexual abuse lawsuits are sensitive  issues and require an experienced attorney.

Did you know that every two and a half minutes,  If your  is sexually assaulted they may be afraid to say anything but, you will know something is not right. Approximately 1 in 4 females and 1 in 7 males are reported to have been sexually abused by the age 18.

If your child  has been injured in a sexual assault call our Sexual Assault Lawyer Helpline today.

Were You Denied Your Social Security Disability Claim? Get A Lawyer, File An Appeal

Get A Social Security Disabilty Lawyer For A Georgia Or Florida Appeal

Our lawyer can help you file an appeal at no cost to you. We have lawyers covering all of Florida and Georgia. Let one of our experienced disability lawyers help you get your disability benefits.

Should I hire a Social Security Disability Lawyer?

Of Course You Should.

Having an experienced lawyer on your side may make all the difference. And it costs you nothing.

If you have been  denied on your Initial Claim, an experienced  social security disability lawyer can  help you with your claim for continuing and past due benefits . Free Legal Shield has  experienced social security disability lawyers for you thru-out Florida and Georgia.

Claims Are Often Denied The First Time Around

Initial claims are typically denied 60 to 70 percent of the time, depending on the state in which you filed, so chances are you’ll end up in a hearing.

For further information, contact  us now for a social security disability lawyer.

We are here 24hrs, 7days.

 

Nursing Home Abuse, What you Need to Know, Nursing Home Abuse lawyers

Free Legal Shield Nursing Home Abuse lawyers are concerned about our seniors injured in Nursing Homes. Below are some guidelines to recognize nursing home Abuse. Your senior parents and grandparents must be protected,

Emotional Abuse

Emotional abuse is any action with the intent to cause emotional or psychological injury to another.

Examples:

  • Threatening of any kind.
  • Belittling.
  • Humiliating.

Symptoms of Emotional Abuse:

  • Those typical of dementia- Mood swings, paranoia, biting, sucking, etc.
  • Behavior becomes withdrawn.
  • Suffering from anxiety that was not present before.

 

A Verbal Abuse Story:

Topsfield’s Masconomet Healthcare Center in Topsfield, Massachusetts was found in 2011 to have four employees who regularly engaged in verbally abusing nursing home residents.

 

Some of the verbal abuses included:

  • The recording of a dementia patient while taunting her.
  • A Nursing Assistant (N.A.) telling a resident she had slept with the resident’s husband and that the resident’s husband was leaving her.
  • A N.A. telling a resident that she would die in the facility.
  • Multiple N.A.s calling a resident fat; the same resident had a cookie shoved into her mouth while a N. A. called her a pig.
  • N.A.’s mocking a patient with a penile implant.

Physical Abuse
Physical abuse is any action with the intent to cause physical injury to another.

Examples:

  • Hitting or slapping.
  • Biting.
  • Not handling a patient with care when transferring them to or from a wheel chair or bed.

Symptoms of Physical Abuse:

  • Unexplained bruises, sprains, abrasions, skeletal fractures, and/or burns.
  • Bleeding and bruising in private areas.
  • Damaged undergarments.
  • Sudden behavior changes.
  • A visitor is forbidden to see a resident alone by the caretaker.
  • Obvious over-medication or under-medication.
  • New health problems.

 

A Physical Abuse Story:

A Cleveland, Ohio nursing home aide was caught on camera hitting a 78-year-old Alzheimer’s patient, throwing her into her bed and wheelchair, and shoving her face into the wall.  In one instance, the aide struck her in front of another employee, who did nothing.

 

Neglect
Neglect is any action with the intent to deprive another of things necessary to their well-being.

Examples:

  • Not providing enough food or water.
  • Not ensuring proper hygiene.
  • Not ensuring cleaning medical tools.

Symptoms of Neglect:

  • Dehydration.
  • Malnourishment.
  • Under-medication.

 

A Neglect Story:

A resident of Evergreen Lakeport Healthcare has her call light ignored which resulted in her sitting in her own urine for hours.

 

A VA hospital in Pennsylvania was found to be neglecting its patients.  One male patient’s toe was rotting and no one did anything until maggots began to pore out of a hole in his toe.

 

Sexual Abuse
Sexual abuse is any non-consensual contact of a sexual nature.

Examples:

  • Molestation.
  • Rape.

Symptoms of Sexual Abuse:

  • Bleeding and bruising around genitalia.
  • Damaged undergarments.
  • Sexually Transmitted Infection/s
  • Genitalia infections.

 

A Sexual Abuse Story:

At Southwood Nursing Center in Virginia, an elderly woman was sexually assaulted by another resident.  The male resident was known to have been arrested 59 times; some of his arrests included sexual assault and child molestation.  He used a wheel chair to block the door so no one would disturb him.

 

Financial Exploitation
Financial Exploitation is the taking of another’s monetary or material assets with or without their permission, or through coercion.

Examples

  • Stealing of money or possessions.
  • Coercing a resident to sign over his/her financial responsibilities.
  • Stealing of social security checks.

Symptoms of Financial Exploitation:

  • Money withdrawals made that a resident could not have made.
  • Sudden changes to a resident’s legal documents.
  • No longer receiving pension or social security checks.
  • The resident no longer has control over his/her financial matters.

 

A Financial Exploitation Story:

A Chicago nursing home patient had over $4,000 electronically withdrawn from her banking account by a nursing home staff member.  The staff member was only caught after the resident’s family noticed withdraws from the resident’s account over a period of months.

New Allowances for Social Security Disability Claims, Social Security Disability Lawyers

Social Security Disability lawyers of Florida and Georgia Announce new Disease Status for your Social Security Disability Claims Today

Social Security,  announced 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases.  According to Social Security, the Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years.  Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said.  “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions.  The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165.  The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders.  In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

The agency also is improving its online disability application process, which is already substantially shorter than the standard paper application.  Starting April 21, 2012, adults who file for benefits online will have the option to electronically sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827).  This improvement allows applicants to complete disability applications in a streamlined online session, rather than printing, signing, and mailing paper authorization forms to Social Security offices.

In March, Social Security approved eight research projects through its Disability Determination Process Small Grant Program.  This new program aims to improve the disability process through innovative research by graduate students focusing on topics such as the Compassionate Allowances program, Wounded Warriors initiative, homelessness and SSI, and disability enrollment issues.

New Compassionate Allowances Conditions

  • Aicardi-Goutieres Syndrome
  • Alobar Holoprosencephaly
  • Alpers Disease
  • Alpha Mannosidosis
  • Carcinoma of Unknown Primary Site
  • Cerebrotendinous Xanthomatosis
  • Child Neuroblastoma
  • Child Non-Hodgkin Lymphoma
  • Chondrosarcoma with multimodal therapy
  • Cornelia de Lange Syndrome-Classic Form
  • Ewings Sarcoma
  • Follicular Dendritic Cell Sarcoma with metastases
  • Fucosidosis – Type 1
  • Galactosialidosis – Early Infantile Type
  • Glioma Grade III and IV
  • Hallervorden-Spatz Disease
  • Hepatoblastoma
  • Histiocytosis
  • Hutchinson-Gilford Progeria Syndrome
  • Hydranencephaly
  • Hypocomplementemic Urticarial Vasculitis
  • Hypophosphatasia Perinatal lethal Form
  • I Cell disease
  • Infantile Free Sialic Acid Storage Disease
  • Juvenile Onset Huntington Disease
  • Kufs Disease Type A and B
  • Lissencephaly
  • Lymphomatoid Granulomatosis Grade III
  • Malignant Brain Stem Gliomas – Childhood
  • Malignant Melanoma with metastases
  • Mastocytosis Type IV
  • Medulloblastoma with metastasis
  • Merkel Cell Carcinoma with metastases
  • Myocolonic Epilepsy and Ragged Red Fibers Syndrome
  • Nephrogenic Systemic Fibrosis
  • Obliterative Bronchiolitis
  • Ohtahara Syndrome
  • Orthochromatic Leukodystrophy with Pigmented Glia
  • Pearson Syndrome
  • Pelizaeus-Merzbacher Disease-Classic Form
  • Pelizaeus-Merzbacher Disease-Connatal Form
  • Peripheral Nerve Cancer – metastatic or recurrent
  • Perry  Syndrome
  • Rhabdomyosarcoma
  • Rhizomelic Chondrodysplasia Punctata
  • Schindler Disease Type 1
  • Smith Lemli Opitz Syndrome
  • Spinal Nerve Root Cancer- metastatic or recurrent
  • Stiff Person Syndrome
  • Tabes Dorsalis
  • Wolf-Hirschhorn Syndrome
  • Xeroderma Pigmentosum

 

When Do I Need a Social Security Disability lawyer ?

A Social Security Disability Lawyer Can Help  You

As is the case with any government process, legal intervention can make the critical difference between success and failure. A social Security Disability lawyer  familiar with the Social Security benefits process can protect you and  protect your rights to your social security disability claim.

if  you are disabled and unable to work, you must  initiate a claim for Social Security disability, or ssi based on disability, and get it filed immediately. A social security disability lawyer can help.  Disability claims often take a very long time to process. Waiting so long and getting disapproved  can be very stressful. It is the exception that gets processed quickly, the first time around. An experienced Social Security disability lawyer will help you avoid pitfalls created by filing too late and being denied your claim. Many  claimants are denied do to very simple errors and just lack of knowledge of the SSD system. Your  Social Security disability lawyer will  keep you out of trouble. Thousands of people with disabilites are waiting months to get through an appeal of their denied disability case.

Claimants with mental disorders living with family members are most likely to be improperly denied by Social Security Administration adjudicators. A social Security disability lawyer can help you thru this process. It is critically important for family members or other caregivers to provide your lawyer with as detailed information as possible about specific tasks you can or cannot do.

If you have a physical illness or mental condition that is expected to prevent you from working for at least a year or that will result in your death, you may be eligible for social security disability benefits. Many cases of toxic exposure fall inot this category. If you do not present a strong case you could have your claim denied. You may be rejected because you did not file properly.  About 70% of initial social security disability claims get rejected.  That  is why you  should hire a competent social security disability lawyer.

Look for a social security disability lawyer who is experienced in handling all types of disability cases. You obviously want a lawyer who is knowledgeable about the social security system and understands what it takes to win social security disability benefits for their client. The fact is, if you're applying for social security disability benefits, you are already dealing with enough issues and taking on filing a Social Security disability claim may just be too overwhelming. A social security disability lawyer will  do everything for you as they guide and advise you every step of the way. It is imperative that you have this support and assistence.

 

Application

When you decide to pursue getting benefits you need to fill out the initial application. This can be done by phone, in person, or online. You must fill out an application and acquire medical records. A good social security disability lawyer will develop your claim based upon your work history, age, impairments, and how you reached the point of being unable to work. They will also assist in obtaining the medical evidence necessary to support your claim.

The finished application is then sent to Disability Determination Services (DDS). This is where your initial claim will be reviewed, not at your local Social Security Administration office. Again about 60 to 70% of these initial claims are rejected. If your claim is rejected, your social security disability lawyer will help with the appeal. This is much better then attempting to go it alone where the disability claims interview lasts about one hour.

 

Reconsideration

You and your SSD lawyer  will have 60 days to request having your file reviewed again. This is called Reconsideration. Your social security disability lawyer will handle this request for you. During "Reconsideration" your claim is reviewed again by the Disability Determination Services (DDS). Unfortunately, the chances of a successful review are very slim. At this point many folks just give up. Don't! The next step is a hearing. It is important and a must to have a disability lawyer for theis process.

 

Appeal/Hearing

Social Security  hopes that every decision they make  about your Social Security or Supplemental Security Income (SSI) claim is correct. But, somtimes  decisions are made that are not in your favor. That is waht a social security disability lawyer is for.  A social security disability lawyer will carefully  review all  the information in your case  and help to overturn  decisions that affect your eligibility or your benefit amount.

When a decision is made  on your claim,  you will be sent  a letter explaining  the decision. If you do not agree with the decision, you can appea it with the help of a sicial security disability lawyer. and   to have them  look at your case again.

When you ask for an appeal, we will look at the entire decision, even those parts that were in your favor. If our decision was wrong, we will change it.

You have 60 days to request a hearing. If at this point you still don't have a social security disability lawyer, we strongly recommended that you have one for this hearing. Most claims are won at an administrative hearing,

The hearing will have an Administrative Law Judge who will decide whether or not you will be awarded benefits. The wait time to get this hearing may vary greatly, but it may take over a year to finally have a hearing scheduled. It would be a shame to not be fully prepared, and going to this hearing without a social security disability lawyer would greatly reduce your chances of successfully winning.

A social security disability lawyer will prepare your whole case and prep you before the hearing where the judge will ask you a number of questions. Using an experienced social security disability lawyer who is familiar with the presiding judge is to your advantage because your lawyer can prepare you for the questions that your specific judge is most likely to ask. One thing that many people don't realize is that the files the judge now has will be outdated since a number of months have passed from the initial application. When you request a hearing your file is transferred to the Office of Hearings without any updated information. If you are represented by a social security disability lawyer, he/she will be sure to supply all updated records, as well as get written supporting statements from your healthcare providers to be presented at the time of your hearing.

If you have just hired a social security disability attorney at this stage, he/she will look over your file, see why you have been declined in the previous stages, and then create a strategy that presents your story in the most compelling way. Those folks who choose not to have legal representation still have the opportunity to look over their file, but may not understand most of it or know how to best present their case before the Administrative Law Judge.

There are still legal options available if your application is again declined. If your social security disability lawyer feels that there was some error on the judge's part he/she may appeal to the Appeals Council. If the appeal is accepted, the council will review your claim and either overturn the decision or return it to the original judge. If denied you may still appeal to Federal Court in which case your social security disability lawyer will file a petition.

As you can see from this description of the process for filing and appealing for social security disability benefits, there are many situations along the way where having expert legal advice would be to your benefit.

There really are no disadvantages to hiring a competent social security disability lawyer. A lawyer will be motivated in helping you since he/she only charges if you win and receive benefits. Therefore, you should not dismiss the idea of hiring a social security disability lawyer for financial reasons.

For many people the best advice is to seek representation from the start of the process. Without the proper guidance you can unknowingly be hurting your case. A social security disability attorney will take care of everything for you as far as paperwork, filing, research, and personal prepping for a hearing before a judge. In addition your lawyer will make sure that you meet all the deadlines and check to make sure your files are received. Your social security disability attorney is your guide making the whole social security disability process much simpler for you. And once your claim is accepted, your social security disability lawyer will make sure you receive the proper payment from the Social Security Administration.

Contact free legal shield for a free social security disability lawyer.

Workers Compensation History and Benefits

Workmen’s Compensation

BIBLIOGRAPHY GENERAL WORKS

SERIAL PUBLICATIONS

Workmen’s compensation legislation, intended to assure some recompense for occupational injuries sustained by workers, is the most prevalent form of social insurance—universal in advanced countries and widespread even among developing nations. It is generally among the first social welfare measures to be adopted. Its early acceptance has been facilitated by the fact that it usually does not create a wholly new benefit for workers but replaces existing common law or statutory rights to indemnity for injuries attributable to the employer. It is also generally associated with incentives for prevention of accidents. Moreover, individual and social costs of failure to meet the losses sustained in work injuries and fatalities are especially conspicuous. The necessity for dealing with the problem appears to appeal to a common sense of justice.

European origins . Germany provided the pioneering workmen’s compensation act in 1884, following rapidly upon enactment of its compulsory sickness insurance act a year earlier, although specific laws providing compensation for particular groups of workers date back to the eighteenth century. British legislation followed in 1897, but it departed widely from the German design. The different patterns adopted by these countries became the two central influences upon compensation legislation in the Western world. In retrospect, most authorities now agree that it has proved unfortunate that the British pattern was the one largely followed in the United States, mainly because it was better known there.

Before the adoption of workmen’s compensation legislation, an occupationally injured worker could secure redress only by suing his employer. Everywhere this was slow, costly, and usually ineffective. The legal defenses available to an employer, against whom fault had to be proved, were numerous and formidable, and awards for workers were few and meager. Both Germany, in 1871, and England, in 1880, had first experimented with employer’s liability laws, which were designed to remove or abate some of the more unfair defenses. In both countries such measures were soon found unsatisfactory.

The basic differences between the German and British approaches to compensation, in capsule form, were as follows.

(1) The German required compulsory insurance by the employer with nonprofit public entities which were obliged to ensure that workers received the benefits due them. The entire system was under the administrative supervision of the Federal Insurance Office, and disputes were adjudicated through special courts. In England, employers were declared legally liable for industrial injuries, but insurance was not mandatory. In practice, most large employers did insure with private carriers. Claims for compensation were settled by negotiation between the worker and the employer or insurance carrier. Disputes were carried through the conventional court system. The British regarded the law as self-administering and provided no official administrative agency for supervision of the system. In Germany, protection of the worker’s rights had become a state obligation; in Britain, it was still basically a private matter.

(2) Litigation was minimized in Germany and was never a cost to the worker. It continued to be a prominent feature of British experience, although the worker’s chances had been improved.

(3) In addition to the cash compensation for wage loss, the German law originally also provided medical care benefits (connected with sickness insurance funds), and by 1925 it had added rehabilitation benefits as one part of an increasing emphasis on restoring the injured worker to employability. The British made no specific provision for medical care or rehabilitation.

(4) The German system provided lifetime payments for permanent disability and for widows and children in death cases. Lump-sum settlements were permitted only for minor disabilities. The British law encouraged lump-sum settlements in cases of permanent disability, and they were mandatory in fatalities.

These undesirable features of the British tradition, which was abandoned in Great Britain shortly after World War II in favor of a basically new approach, are still prominent in American legislation and practice.

Development in the United States . Workmen’s compensation came late in the United States, although almost three decades before any other form of social insurance. The frightful human toll of maimings and fatalities around the turn of the twentieth century, years during which industrial accidents were reaching record-breaking heights, aroused the national conscience. Industrial safety, hygiene, and compensation represented three parallel reform movements. In the United States, employer’s liability legislation also preceded workmen’s compensation. By 1910 practically every state had passed some sort of employer’s liability statute. But here, too, these soon proved inadequate, merely mitigating the harshness and cumbersomeness of the common law. The essential basis of employer’s responsibility remained tort liability.

The first state acts to be based on the compensation principle of “liability without fault” —establishing employer liability for assured but limited compensation, irrespective of fault, in return for the worker’s forsaking common law rights to unlimited damage suits—were enacted by Maryland in 1902, Montana in 1909, and New York in 1910. All these were held unconstitutional. But by this time public opinion was highly aroused. Under the leadership of President Theodore Roosevelt, an act covering some categories of federal employees was passed in 1908. In 32 states, 40 official commissions investigated and strongly condemned the existing legal situation and with virtual unanimity recommended adoption of laws based on “liability without fault.”

Despite the adverse constitutional decisions, 30 compensation laws were enacted between 1910 and 1915. But the negative constitutional rulings, particularly in regard to the New York act by the Court of Appeals in 1911, had marked effects. Although seven states amended their constitutions to make certain that compensation would be legal, most laws were narrowed and restricted because of the decisions. In 1917 the issue of constitutionality was permanently settled by the U.S. Supreme Court, which declared the state police power an adequate basis for all proposed types of compensation laws. But the earlier rulings left an enduring and heavy heritage of “elective” provisions and limited coverage of industries, occupations, and injuries, which curtailed the effectiveness of the laws.

By 1920 all but six states had enacted legislation; action by Mississippi in 1948 completed the roster. Today every state operates some kind of workmen’s compensation program. In addition, there are three federal jurisdictions: the District of Columbia, federal government employees, and longshoremen and harbor workers. Most states require subject employers to carry insurance with private companies or to give proof of ability to self-insure. Eighteen states have state funds, eleven of which are “competitive” with private carriers; seven are “exclusive,” although in two of these self-insurance is also permitted.

Since about 63 per cent of the business is carried by private companies and 12 per cent is handied by self-insurance, and since the states assume widely varying degrees of supervision or involvement in the system, data on workmen’s compensation experience have always been inadequate. For example, about a score of states do not have such basic data as the amount of benefits paid, by type of insurer or by type of benefit, and about 35 states have no information on number of covered workers or amount of covered payrolls. Fortunately, the Social Security Administration, which has no operational responsibilities in this field, has carefully developed techniques for obtaining reliable estimates of essential data.

Coverage. Despite wide coverage, workmen’s compensation has never really supplanted the common law and employer’s liability legislation, especially the latter, as remedies for occupational injury. About one-fifth of United States workers are still not covered, a proportion that has remained stable over the past decade. Prominent among the omissions are interstate railway workers and merchant seamen, who feel that their experience under special federal employer’s liability legislation compares favorably with that of workers under state compensation systems. Noncoverage at the state level is attributable to elective laws and exclusion of certain types of employment (e.g., small firms, agricultural work, domestic employment). State laws vary widely in these, as in other, respects. In 13, the ratio of actual to potential coverage is less than 65 per cent. In addition, some types of injuries, particularly occupational diseases (as distinguished from “accidents"), are excluded. Only two states still fail to cover any occupational diseases, but 20 more do not cover all of them. Since World War II, protection has been greatly broadened through liberal judicial interpretation of causal relationship of injury to employment and the meaning of such terms as “accidental injury.”

Benefits. There are three categories of compensation benefits—cash, medical, and rehabilitation— intended to indemnify the injured worker or surviving dependents for loss of wages and/or occupational capacity and for medical and hospital expenses and, where possible, to restore working capacity. Since the end of World War II, cash compensation has fairly constantly represented about two-thirds of total payments, while medical care and related costs have consumed about one-third.

Cash benefits vary in accordance with four classes of injuries: temporary total disability, permanent partial disability, permanent total disability, and death. One of the basic concepts of the American systems was that benefits should be proportionally related to wage loss, as distinguished from uniform benefit amounts paid in Britain. Most of the statutes express the intent to replace about two-thirds of the weekly wage during total disability. However, there are many qualifications in the formulas, including a weekly dollar maximum, a maximum total dollar amount, a maximum amount of time for which benefits may be paid, and a waiting period. In practice, adjustments in these statutory limitations have lagged far behind changes in wage scales, with the following conspicuous results: (1) the weekly maximum has become the effective rate for so large a proportion of beneficiaries as to approximate a flat-sum system;

(2) benefit levels have fallen far below the intended objective for the majority of workers; and

(3) the effective rate of compensation, as a percentage of lost earnings, is considerably lower today than it was in the early periods of the programs.

Recent estimates indicate that, on the average, cash benefits do not replace more than one-third of wage loss. The proportion is highest for temporary disability cases, considerably lower for permanent disability, and lowest for death cases, where the ratio probably does not exceed 15 per cent. This does not take into account the worker’s outlay for medical expenses in states which still limit such benefits, or the legal fees he may have to pay in contested cases. Despite the original intent of workmen’s compensation, much the largest share of the cost of industrial injury falls on the worker and his family or on public assistance or private charity.

Medical benefits are in some degree now included in all the laws and represent the most significant quantitative advance in the programs since the beginning. In part, this progress derives from recognition that effective medical care constitutes a long-term economy, for it reduces the period or intensity of disability. Nonetheless, about half the states still retain some limitations on the time, the amount of expenses, or the types of injury covered.

Qualitatively, medical care progress has been less impressive. Inadequate medical administration and failure to orient medical care toward rehabilitation have been subject to growing criticism from all quarters. In less than half the states does the workmen’s compensation agency have any authority to supervise medical care, despite the uniform testimony to this necessity from such sources as the American Medical Association and the American College of Surgeons.

In recent years, with the rapid advance of rehabilitation techniques, the theoretical focus of workmen’s compensation has been sharply shifted from concentration upon indemnity to maximum restoration of the worker to his previous condition. Despite almost universal verbal dedication of experts and administrators to the principle that rehabilitation should now be the primary goal of the compensation process, because of both its distinct economies and its humanitarianism, the programs have not responded to the new needs. Only half the workmen’s compensation jurisdictions have any specific provisions in their acts to encourage rehabilitation, and these vary widely in their adequacy. Most workmen’s compensation recipients who need such services do not receive them. For those who do, the delay between injury and acceptance for rehabilitation is so long as to threaten the success of the undertaking. Lack of supervision of the kind and quality of medical care has been a major obstacle.

Many authorities have alleged that the basically litigious and indemnity-oriented character of workmen’s compensation generates disincentives to acceptance of rehabilitation procedures. This has led to recommendations that in permanent disability cases compensation be based upon degree of physical impairment rather than on loss of earning capacity. The widespread practice of commutation of periodic benefit rights into lump-sum settlements, which removes the worker from the purview of the workmen’s compensation system (and frequently otherwise defeats the program’s purpose), has also retarded rehabilitation.

The significance of the issue is enlarged by the fact that steady growth of other social insurance and welfare measures, which often overlap with workmen’s compensation, is steadily relegating the latter to a supplementary place in financial protection. The distinctive role of workmen’s compensation is increasingly in its rehabilitation potential. Little wonder that the challenge of rehabilitation is widely regarded as both the crucial opportunity and the Achilles’ heel of workmen’s compensation. Canadian programs, particularly in Ontario, have amply demonstrated that rehabilitation can successfully be made the core of an effective workmen’s compensation system. Although the Canadian practices are widely spoken of in the United States with unstinted admiration, they have nowhere been imitated there.

Costs. The aggregate annual cost of the system to employers has consistently been less than 1 per cent of payroll in covered employment since the end of World War II, moving between 0.90 per cent and 0.99 per cent in all the years from 1946 to 1962. Before the war, costs were as high as 1.2 per cent. National averages conceal great variations among states, industries, and individual employers, rising from negligible proportions to 30 per cent or more of payroll in extra-hazardous industries in some states. The major issue in respect to cost has been the high proportion which fails to find its way into benefits. Overhead expenses of insurance— the major factor—and administration consume about 40 per cent of total costs, far more than in any other form of social insurance.

Major issues in the United States . After more than a half century of experience, workmen’s compensation in the United States is under severe and fundamental challenge as to whether it can meet its stated objectives and, more profoundly, whether the original objectives are adequate for contemporary conditions. The programs have not exhibited adaptability and dynamism commensurate with the altered environment. In part this is related to declining interest. Both absolute and relative rates of injury are decreasing; the injury severity rate (measured by lost workdays) has declined steadily; and the death rate was cut in half in the period 1938-1958. To some degree the preventive incentives of workmen’s compensation may be credited with contributing to advances in industrial safety.

The human toll is still distressingly large—about fifteen thousand killed annually, some eighty thousand disabled for life, and about two million temporarily disabled each year. The problem remains grim for those directly affected, but they represent a declining proportion of the population. Moreover, increasingly, the injured and the survivors of those fatally injured have other recourse, particularly in the federal Old Age, Survivors, and Disability Insurance program, as well as the far less general provisions of private employee-benefit programs.

Despite the growth of overlapping jurisdictions among public programs and the increasing complexity of distinguishing between occupational and nonoccupational disability, most American authorities agree with the conclusion of England’s Beveridge Report (Great Britain 1942) that continuation of a separate program for the occupationally disabled worker is desirable. But just as England also accepted, in 1946, the necessity of the Bev-eridge Report’s corollary recommendation for a fundamental overhauling of the compensation system, United States experts are convinced that the state programs must be revised to do a far more effective job of rehabilitating the injured worker and restoring him to employment. Unless this can be done, the case for a separate system crumbles.

At the core of this challenge lies not just revised legislation, but a new approach to compensation administration, which in the United States has more nearly resembled arbitration procedure than supervisory responsibility. (Five states have no administrative agency and still rely on “court administration.”) Whether this can be achieved under so many completely independent jurisdictions without any form of central coordination or assistance at the federal level is a sore question. In any case, administrators need tools. Restorative programs will require far broader coverage of injuries; adequate benefit levels, particularly to correct the inequities falling upon the permanently injured and dependent survivors; authority to deal with quality of medical care; minimization of litigation and lump-sum settlements; and more modern methods for rating permanent disability.

Although the desirability of continuing a separate program for occupational injury is accepted, it is generally acknowledged that some form of reconciliation between overlapping social insurance benefits is required. The difficulties of finding a satisfactory formula in the face of the autonomous and widely varying state programs are formidable.

A reformed system need not be more costly. The net costs of effective medical care and rehabilitation are very low; in fact, they often represent net savings. Moreover, improved administration, particularly in reduction of excessive expense ratios in insurance, could bring economies more than sufficient to meet any increased costs of a balanced and comprehensive system of protection. Unfortunately, while the shortcomings of the present system have been a lively subject of discussion for many years, the prospects for effective action do not appear bright.

Herman M. Somers

BIBLIOGRAPHY GENERAL WORKS

Berkowitz, Monroe 1960 Workmen’s Compensation: The New Jersey Experience. New Brunswick, N.J.: Rutgers Univ. Press.

Cheit, Earl F.; and Gordon, Margaret S. (editors) 1963 Occupational Disability and Public Policy. New York: Wiley. Contains discussion of experiences throughout the world.

Great Britain, Inter-Departmental Committee ON Social Insurance and Allied Services 1942 Social Insurance and Allied Services. Papers by Command, Cmd. 6404. London: H.M. Stationery Office; New York: Macmillan. → Known as the Beveridge Report.

Skolnik, Alfred M. 1962 New Benchmarks in Workmen’s Compensation. Social Security Bulletin 25, no. 6:3-18.

Somers, Herman M.; and Somers, Anne R. 1954 Workmen’s Compensation: Prevention, Insurance, and Rehabilitation of Occupational Disability. New York: Wiley.

U.S. Social Security Administration, Division of Program Research 1967 Social Security Programs Throughout the World, 1967. Washington: Government Printing Office.

SERIAL PUBLICATIONS

Chamber of Commerce of the United States of AmericaAnalysis of Workmen’s Compensation Laws.→ Published since 1950. Includes the Canadian provinces.

International Association of Industrial Accident Boards and CommissionsProceedings.→ Published since 1914 by the U.S. Bureau of Labor Standards. Provides general information on administration and policy issues.

International Labour Review.→ Published since 1921 by the International Labor Office, which has also published numerous special studies.

International Social Security AssociationBulletin. → Published since 1948. Reports regularly on new developments in many nations.

Social Security Bulletin.→ Published since 1938 by the Social Security Administration. Provides financial and benefit data annually, usually in the January issue.

U.S. Bureau of Labor StandardsState Workmen’s Compensation Laws.→ Published since 1943.

Workers Compensation Helpline Lawyers , On the Job Injuries

 Workers' Compensation Helpline Georgia, Atlanta, Savanah, Florida, Orlando, Fort Lauderdale, Tampa,New York, New Jersey,Colorado, Michigan, Wisconsin, for on the job Injuries
 

Workers' Compensation Helpline  New York,Georgia,Florida,Tennessee,North and South Carolina is a Resource for Individuals with On the Job Injuries
(On-the-Job Injury or Illness)
Frequently Asked Questions regarding Workers Compensation in New York. If in Doubt call free legal Shield Workers Compensation Helpline lawyers. The lawyers of the Workers Compensation helpline work on a contingency basis. You have no out of pocket fees to the workers Compensation lawyers

Workers Compensation Office New York Resource Guide offered by Workers Compensation Helpline New York, Georgia, Florida,

    Q. Are all disabilities covered under Workers' Compensation Law?
    A. No. Only those disabilities that are causally related to an accidental injury "arising out of and in the course of the employment" or to occupational disease, are compensable.
    Q. What if the worker fails to file a claim for workers' compensation?
    A. The worker may lose his/her right to benefits and medical care.
    Q. Is it necessary for the worker to retain an attorney?
    A. No. W.C. Law Judges may assist a worker not represented by an attorney. An attorney's assistance may be desirable if the issues are complicated. Attorney's fees are deducted from the claimant's award, as determined by a Workers' Compensation Law Judge. A claimant must not pay an attorney directly.
    Q. How is the weekly cash benefit for temporary total disability determined?
    A. The weekly cash benefit for temporary total disability is computed by taking two-thirds of the workers' average weekly wage for one year immediately preceding the accident. It may not, however, exceed the legal maximum in effect on the date of the injury.
    Q. Is medical care provided in the case of an accidental injury even when no claim is made for weekly cash benefits?
    A. Yes. If medical care is necessary, it will be provided even though there has been no lost time from work (or less than eight days lost time) and no cash benefits paid.
    Q. When must a physician request advance authorization for medical care?
    A. The law requires a physician to request prior authorization for specialist consultations, surgical procedures, physiotherapeutic procedures, X-rays or special diagnostic laboratory tests costing more than $500 until July 10, 2007. As of July 11, 2007, the special services must cost more than $1,000 before authorization must be requested. However, as of March 13, 2007, insurance carriers are authorized to require claimants to obtain X-rays, CT Scans, MRIs and other diagnostic tests from a provider or facility within the network it has contracted with for such tests. If the insurance carrier has notified the claimant of this requirement, then the claimant must obtain diagnostic tests from a network facility or provider unless it is an emergency or there is no location within a reasonable distance from the claimant.
    Q. Are prescription drugs and medications covered under the law?
    A. Yes. The claimant should send a receipted bill and letter from the attending physician to the insurance carrier, stating that the purchase was necessary and in accordance with the physician's direction. As of July 11, 2007, the law specifically authorizes pharmacies to direct bill the insurance carrier and requires the insurance carrier to pay for the prescription or reimburse the employee within 45 days of receipt of the claim for payment or reimbursement. It also allows the insurance carrier to contract with a pharmacy or pharmacies and require claimants to use the pharmacy or pharmacies to obtain their prescriptions. The only exceptions are when a medical emergency occurs and it is not reasonably possible to obtain immediately required prescribed medicines from such pharmacy or pharmacies or the pharmacy or pharmacies do not offer mail order service and do not have a physical location within a reasonable distance from the claimant.
    Q. May a doctor proceed with care if the insurance carrier withholds authorization without reason?
    A. Yes. When the authorization has been requested and withheld without reason for more than 30 days, the doctor may proceed to render the services required for the claimant's welfare. If the authorization is for a diagnostic test and the carrier has contracted with a network and requires claimants to use the network, the diagnostic test must be obtained from a provider or facility within the network.
    Q. Must an injured worker submit to a medical examination when requested to do so by the employer or insurance carrier?
    A. Yes. The employer or insurance carrier is entitled to have the worker examined by a qualified physician. Refusal to submit to an exam may affect the worker's claim.
    Q. What happens when a claim is contested by the insurance carrier?
    A. The insurance carrier contesting a claim must file a notice of controversy with the Board within eighteen days after the disability begins or within ten days of learning of the accident, whichever is greater. The carrier must give the reasons why the claim is not being paid. The issue is resolved by a W.C. Law Judge at a prehearing conference or a hearing.
    Q. May an insurance carrier suspend or modify the cash benefits?
    A. In a case where the carrier has made payment without waiting for a Judge's decision, it may suspend or modify the payment based on payroll or medical evidence submitted to the Board.
    Q. What can a worker do if he/she is not satisfied with the Judge's decision?
    A. The worker may file with the Board a written application for review within thirty days of the filing of the notice of the Judge's decision. The application must specify why the claimant disagrees with the decision.
    Q. What can a worker do if he/she is not satisfied with the Board's decision after an application for review?
    A. The worker may appeal to the Appellate Division, Third Department, within thirty days after the decision has been served upon the parties.
    Q. What is the penalty for making a false claim?
    A. A person who willfully misrepresents the circumstances surrounding his or her case in order to obtain benefits is guilty of a felony.
    Q. What do I need to do if my spouse/parent/child/grandchild(ren)'s has passed away while collecting workers' comp benefits?
    A. Notify the Board and Insurance Carrier¹ immediately and submit (when available) a copy of the Death Certificate.
    Q. As a widow/widower, will his/her compensation benefits continue coming to me once they passed?
    A. In most cases benefits may stop. The widow/widower must file for a Workers' Compensation Death claim showing medical proof that the claimants death was related to the establised work injury. If the death claim is found compensable, payments may resume retroactive back to the date of death.
    Q. What do I need to do if my spouse/parent/child/grandchild(ren)'s death was becasue of his/her work injury?
    A. File for a Workers' Compensation Death claim by completeing and filing a C-62 with the appropriate documentation. You will also need to file the C-64 and, If you have it, file medical evidence from the last treating physician stating how the death is causally related to the original work injury/illness.
    Q. What if my Child was killed at work and has no dependents; are there benefits payable for at least funeral expenses?
    A. Parents who were not dependent on the deceased would be eligible for a no-dependency award if there were no spouse, children, or other dependent family members. They would also be eligible for up to the maximum allowed under Workers' Compensation for funeral expenses paid.
    Q. I have been approached to consider settling my claim, what do I do?
    A. Under the Workers' Compensation Law, any settlement, whether a stipulation agreement or a Section 32 Waiver Agreeement, is a negotiation between you and the Carrier¹. The main difference is that a Stipulation is always subject to modification, with proof and the Boards consent, whereas a Section 32 can never be changed once approved by the Board (see Workers' Compensation law section 32).
    Q. What is a stipulation agreement?
    A. This is an agreement between the carrier¹ and claimant which is memorialized in writing on a Board-prescribed form, and placed on the record by the Judge. This agreement is usually to agree on a percentage of a schedule loss of use, level of disability, reimbursements to the employer, and/or what your weekly indemnity benefits will be.
    For more information on stipulations, see Board rule 12 NYCRR 300.5.
    Q. What is a Schedule Loss of Use Award?
    A. This is an award that is issued by the Judge that determines the amount of loss of use you have to the injured body part (Usually limbs/digits). This percentage is determined by medical evidence such as treating doctors' report and the Independent Medical Examiners report, if any. This award is paid at your total disability rate as applied. This award is set forth in a Board decision, listing amounts as if they were lost wages, whether you have actually lost time or not. However, once an award is paid, if you have not been out of work for that amount of weeks, it is then considered an advance payment and if you go out of work due to this injury later on, you will not be paid for lost wages until the number of weeks is used up. If you have already been out of work for the amount of weeks of the schedule loss, you will not receive any further payments. But if you are out of work down the road, and used up the weeks of the schedule loss, you may be elegible for further monies.
    Q. If I had a Schedule Loss of Use Award can I still treat with my doctor?
    A. Yes
    Q. What can I include in the Section 32 agreement?
    A. The Section 32 agreement is a negotiation; therefore you can include what you feel is in your best interest. There are times when medical is left in and just the monetary value is what is finalized. While many cases are based upon aproxmiately (5) years of payments, remember it is a negotiation. Both parties have to be in agreement before it can be presented to the Board.
    Q. What if I settled on a Section 32 and my condition gets worse?
    A. You will be responsible for anything related to this injury, no one else.
    Q. What if I have extreme financial hardship or need surgery down the road due to the injury I settled with a Section 32?
    A. You are solely responsible for any bills related to this injury.
    Q. Can I sue someone for my injuries since I settled my case?
    A. No
    Q. What if I have settled my case, but then reinjure myself at work again to the same thing and it is made worse?
    A. If this were to happen, you could then file a new claim. If the Judge were to determine that there would be an apportionment between the first injury and the new one, you would only get paid the apportionment amount from the new injury as the first injury case was settled.
    Q. Can I file for a Death Claim if my spouse settled his/her case on a section 32 and has since passed away due to the injury/illness?
    A. Yes, only if the persons death was related to the actual injury/illness. ( Please see under the Workers' section on how to file a Death claim).
    Q. What can I do if I disagree with an MOD issued and the Full Board Review is denied?
    A. You have thirty days from the denial of the Full Board Review notice in which to file with the Appellate Division, Third Department, of the Supreme Court. This step is outside the Workers' Compensation System and there could possibly be a fee for filing the appeal. The Supreme Court does have programs in which to file as a poor person. Again, you would need to contact them.

To help with medical Bills,and your on the job injuries call Workers Compensation helpline New York of free legal Shield

¹ licensed insurance company, third party administrator or self insured employer.

There are three types of offices for Workers Compensation Claims:

There are three types of workers compensation claim offices. They are:

1.      The insurance company claims office

2.      The third party administrators claims office

3.      The in-house claims office of the self insured employer

Workers Compensation offices New York

State of New York—http://www.ny.gov/
New York State Workers’ Compensation Board—http://www.wcb.state.ny.us/
20 Park Street
Albany, New York 12207
(877) 632-4996, Fax: (518) 473-1415, Fraud: (888) 363-6001
E-mail: general_information@wcb.state.ny.us
Click here to download free fillable PDF (Portable Document Format) versions of New York workers’ compensation forms courtesy Interface Technologies—http://www.interfacetec.com/

New York State Insurance Fund—http://ww3.nysif.com/
199 Church Street
New York, New York 10007
(888) 875-5790, (212) 312-9000, Fax: (212) 385-2073

Georgia Workers Compensation Offices

Hearing

Atlanta
270 Peachtree Street, NW
Atlanta, GA  30303-1299

 

Albany
414 N. Westover Blvd.
Suite C
Albany, Georgia 31707
            or
P. O. Box 71985
Albany, GA  31708

 

Columbus
Heritage Tower, Suite 200
18 9th Street
Columbus, GA 31901

Covington
6253 Highway 278
Covington, Georgia 30014

Dalton
Suite 315
708 South Glenwood Avenue
Dalton, Georgia 30721-4406Macon

Suite A
110 Holiday Drive, N
Macon, GA 31210-1802

Savannah
Suite 601
Seven East Congress Street
Savannah, Georgia 31401

Florida office

Bureau of Employee Assistance and Ombudsman Office (EAO)

Mailing Address: 200 East Gaines Street, Tallahassee, FL 32399-4225
Toll Free: (800) 342-1741 Central Office: (850) 413-1610
Fax: (850) 413-1970 & (850) 413-1979

 

 

 

Mesothelioma lawyers

Lung showing interstitial fibrosis Mesothelioma is a form of Lung Cancer. A Workers compensation Mesothelioma lawyer should be contacted to protect you and your families rights

Mesothelioma is a of cancer of the tissues that line the lungs, heart and stomach. These tissues are called mesothelial cells and they become infected by inhaling particles of dust from asbestos fibers. Once these cells become infected they dry up the fluids surrounding these major organs of the body and tumors begin to develop. The most prevalent form is pleural mesothelioma .75% of all malignant cases are from pleural mesothelioma. The other two of mesothelioma are peritoneal, and pericardial . Contact a knowledgeable mesothelioma lawyer to protect your rights.

 

Mesothelioma is a cancer of the lining of the lung or abdomen caused by inhaling asbestos fibers. Most individuals who develop mesothelioma worked around asbestos and typically develop symptoms of asbestos disease 20 years to 50 years after exposure. In the United States, mesothelioma is blamed for 131,200 cancer deaths between 1985 and 2009 and 10 million worldwide. About 3,000 new cases of mesothelioma are diagnosed each year in the United States.

Dealing with mesothelioma is a very difficult process for the victim and the family. It requires physical and emotional strength. The victim will need a strong family and social network, and expert medical and professional advice and assistance.and a supportive and experienced mesothelioma lawyer.

More about mesothelioma

It takes a long time before mesothelioma symptoms may appear and cause suffering to the victim. It can take fifteen to twenty years for this deadly cancer to begin to show signs of damage. This presents a very difficult challenge for doctors in diagnosing the disease as well as mesothelioma lawyers proving the cause.

How will mesothelioma be treated ?

Once mesothelioma has been diagnosed a treatment procedure can be recommended and begun. The correct treatment will depend on a number of factors. They include the location of the tumor, the stage of the disease and how far the cancer has spread in the patient. The treatment for mesothelioma will depend on the age , and stage the disease is in. Because of the long and arduous treatment, attorneys and lawyers have filed class action lawsuits on behalf of victims against companies and environments that have caused this deadly disease.

There are specialized treatment centers for mesothelioma

There are mesothelioma hospitals and medical specialists located all over the country. These are facilities and dedicated to treating mesothelioma cancers

Free Legal Shield and its team of mesothelioma lawyers are ready to help. If you worked in a high risk industry and have been diagnosed with mesothelioma or have lost someone to asbestos related illness, it is your right to seek compensation from those responsible for your situation. The mesothelioma lawyers of Free legal Shield are your shields of Justice. There is no upfront cost to you. A mesothelioma lawyer works on a contingency basis.

Mesothelioma Lung cancer lawyers ready to help you in:

 Auburn AL; Birmingham AL; Dothan AL; Gadsden AL; Huntsville AL; Mobile AL; Montgomery AL; Muscle Shoals AL; Tuscaloosa AL; Anchorage AK; Fairbanks AK; Juneau AK; Flagstaff AZ; Sedona AZ; Mohave County AZ; Phoenix AZ; Prescott AZ; Show Low AZ; Sierra Vista AZ; Tucson AZ; Yuma AZ; Fayetteville AR; Fort Smith AR; Jonesboro AR; Little Rock AR; Bakersfield CA; Chico CA; Fresno CA; Humboldt County CA; Inland Empire CA; Long Beach CA; Los Angeles CA; Mendocino (new) CA; Merced CA; Modesto CA; Monterey CA; O.C. CA; Oakland CA; Palm Springs CA; Palmdale CA; Redding CA; Sacramento CA; San Diego CA; San Fernando Valley CA; San Francisco CA; San Gabriel Valley CA; San Jose CA; San Luis Obispo CA; San Mateo CA; Santa Barbara CA; Santa Cruz CA; Santa Maria CA; Siskiyou CA; Stockton CA; Susanville CA; Ventura CA; Visalia CA; Boulder CO; CO Springs CO; Denver CO; Fort Collins CO; Pueblo CO; Rockies CO; Western Slope CO; Eastern CT CT; Hartford CT; New Haven CT; Northwest CT CT; Wilmington DE; Dover DE; Newark DE; Pike Creek DE; Bear DE; Washington D.C. District of Columbia; Daytona FL; Fort Myers FL; Ft Lauderdale FL; Gainesville FL; Jacksonville FL; Keys FL; Lakeland FL; Miami FL; Ocala FL; Orlando FL; Panama City FL; Pensacola FL; Sarasota FL; Space Coast FL; St. Augustine FL; Tallahassee FL; Tampa FL; Treasure Coast FL; West Palm Beach FL; Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA; Big Island HI; Honolulu HI; Kauai HI; Maui HI; Boise ID; East ID ID; Lewiston ID; Twin Falls ID; Bloomington IL; Carbondale IL; Chambana IL; Chicago IL; Decatur IL; La Salle County IL; Mattoon IL; Peoria IL; Rockford IL; Springfield IL; Western IL IL; Bloomington IN; Evansville IN; Ft Wayne IN; INpolis IN; Kokomo IN; Lafayette IN; Muncie IN; Richmond IN; South Bend IN; Terre Haute IN; Cedar Rapids IA; Des Moines IA; Dubuque IA; Fort Dodge IA; IA City IA; Mason City IA; Ottumwa IA; Quad Cities IA; Sioux City IA; Waterloo IA; Lawrence KS; Manhattan KS; Topeka KS; Wichita KS; Bowling Green KY; Eastern KY KY; Lexington KY; Louisville KY; Owensboro KY; Western KY KY; Baton Rouge LA; Lafayette LA; Lake Charles LA; Monroe LA; New Orleans LA; Shreveport LA; Portland ME; Lewiston ME; Bangor ME; West Scarborough ME; Annapolis MD; Baltimore MD; Cumberland Valley MD; Eastern Shore MD; Frederick MD; Western MD MD; Boston Massachusetts; Cape Cod Massachusetts; South Coast Massachusetts; Springfield Massachusetts; Worcester Massachusetts; Ann Arbor MI; Battle Creek MI; Central MI MI; Detroit MI; Flint MI; Grand Rapids MI; Holland MI; Jackson MI; Kalamazoo MI; Lansing MI; Monroe MI; Muskegon MI; Northern MI MI; Port Huron MI; Saginaw MI; Southwest MI MI; Upper Peninsula MI; Duluth MN; Mankato MN; Minneapolis MN; St Paul MN; Rochester MN; St. Cloud MN; Biloxi MS; Hattiesburg MS; Jackson MS; Meridian MS; Natchez MS; North MS MS; Columbia/Jeff City MO; Joplin MO; Kansas City MO; Kirksville MO; Lake of the Ozarks MO; Southeast MO MO; Springfield MO; St. Joseph MO; St. Louis MO; Billings MT; Missoula MT; Great Falls MT; Bozeman MT; Butte MT; Grand Island NE; Lincoln NE; North Platte NE; Omaha NE; Scottsbluff NE; Las Vegas NV; Reno NV; Manchester NH; Nashua NH; East Concord NH; Concord NH; Derry Village NH; Central Jersey NJ; Jersey Shore NJ; North Jersey NJ; South Jersey NJ; Albuquerque New Mexico; Santa Fe New Mexico; Albany NY; Binghamton NY; Buffalo NY; Catskills NY; Chautauqua NY; Elmira NY; Finger Lakes NY; Glens Falls NY; Hudson Valley NY; Ithaca NY; Long Island NY; New York City NY; Oneonta NY; Plattsburgh NY; Potsdam NY; Rochester NY; Syracuse NY; Twin Tiers NY; Utica NY; Watertown NY; Westchester NY; Asheville NC; Boone NC; Charlotte NC; Eastern NC; Fayetteville NC; Greensboro NC; Hickory NC; Outer Banks NC; Raleigh NC; Wilmington NC; Winston Salem NC; Fargo ND; Akron OH; Canton OH; Ashtabula OH; Athens OH; Chillicothe OH; Cincinnati OH; Cleveland OH; Columbus OH; Dayton OH; Huntington/Ashland OH; Lima/Findlay OH; Mansfield OH; Sandusky OH; Toledo OH; Tuscarawas County OH; Youngstown OH; Zanesville/Cambridge OH; Lawton OK; OK City OK; Stillwater OK; Tulsa OK; Bend OR; Corvallis OR; East OR OR; Eugene OR; Medford OR; OR Coast OR; Portland OR; Roseburg OR; Salem OR; Allentown PA; Altoona PA; Cumberland Valley PA; Erie PA; Harrisburg PA; Lancaster PA; Meadville PA; Philadelphia PA; Pittsburgh PA; Poconos PA; Reading PA; Scranton PA; State College PA; Williamsport PA; York PA; Providence RI; Warwick RI; Cranston RI; Pawtucket RI; East Providence RI; Woonsocket RI; Charleston SC; Columbia SC; Florence SC; Greenville SC; Hilton Head SC; Myrtle Beach SC; Sioux Falls SD; Rapid City SD; Aberdeen SD; Chattanooga TN; Knoxville TN; Memphis TN; Nashville TN; Tri-cities TN; Abilene TX; Amarillo TX; Austin TX; Beaumont TX; Brownsville TX; College Station TX; Corpus Christi TX; Dallas TX; Denton TX; El Paso TX; Fort Worth TX; Galveston TX; Houston TX; Huntsville TX; Killeen TX; Laredo TX; Lubbock TX; Mcallen TX; Odessa TX; San Antonio TX; San Marcos TX; Texarkana TX; Texoma TX; Tyler TX; Victoria TX; Waco TX; Wichita Falls TX; Logan UT; Ogden UT; Provo UT; Salt Lake City UT; St. George UT; Burlington VT; Essex Junction VT; Bennington VT; Charlottesville VA; Chesapeake VA; Danville VA; Fredericksburg VA; Hampton VA; Harrisonburg VA; Lynchburg VA; New River Valley VA; Newport News VA; Norfolk VA; Portsmouth VA; Richmond VA; Roanoke VA; SouthWV VA; Suffolk VA; VA Beach VA; Bellingham WA; Everett WA; Moses Lake WA; Olympia WA; Pullman WA; Seattle WA; Spokane WA; Tacoma WA; Tri-cities WA; Wenatchee WA; Yakima WA; Charleston WV; Huntington WV; Martinsburg WV; Morgantown WV; Parkersburg WV; Southern WV WV; Wheeling WV; Appleton WI; Eau Claire WI; Green Bay WI; Janesville WI; La Crosse WI; Madison WI; Milwaukee WI; Racine WI; Sheboygan WI; Wausau WI; Cheyenne WY; Casper WY; Laramie WY; Gillette WY; 

We have attorneys in: Alabama Al Alaska Arizona Az Scottsdale Arkansas California Ca Colorado Co Connecticut Conn Delaware De D.C. Florida Fl Georgia Ga Hawaii Idaho Illinois Ill Indiana Iowa Kansas Kentucky Louisiana La Maine Maryland Massachusetts Mass Michigan Mi Minnesota Minn Mississippi Ms Missouri Mo Montana Nebraska Nevada Nv New Hampshire New Jersey N.J. New Mexico. N.M New York N.Y Brooklyn Queens Staten Island Long Island Westchester North Carolina North Dakota N.C Ohio Oh Oklahoma Ok Oregon Pennsylvania Pa Rhode Island RI South Carolina S.C South Dakota S.D Tennessee Tenn Texas TX Utah Ut Vermont Virginia Washington Wa West Virginia Wisconsin Wyoming.

Workers compensation lawyers Of Atlanta Georgia

Atlanta Workers Compensation Lawyers help people injured on the job. The Attorneys are experienced with all job site injuries, Denial of benefits,medical expenses, rehabilitation,and work place wrongful death. You are in Good hands with a Free legal Shield workers compensation lawyer attorney. Some common work place injuries our workers comp attorneys commonly see are:

 

Back Injuries

Back injuries on the job  are one of the most common work-related injuries and can also be one of the most serious. Often a single event, such as lifting a heavy box, will result in a work related back injury. Work that requires repetitive motions like bending or lifting may also cause back injuries. Sometimes, workers may aggravate a pre-existing back condition while they are performing their normal work activities or because of an accident. An experienced workers compensation lawyer can help

 

Most back injuries are successfully treated with conservative methods like medication or physical therapy. Surgery is sometimes required when these types of treatments are not successful. These work injuries can cause permanent disability and an inability to continue working. A workers compensation lawyer can assist with a lump sum settlement.

Some workers' compensation insurance carriers may deny a claim for a back injury because of a pre-existing condition. If your claim is being denied for this reason, contact one of our experienced job site injury attorneys; you may be eligible for workers compensation benefits if your pre-existing condition was aggravated by your job duties.

 

 

 

Reflex Sympathetic Dystrophy Syndrome (RSD) is a serious work related injury

Complex Regional Pain Syndrome (CRPS) and cause permanent disability. A workers compensation lawyer should be retained.

Reflex Sympathetic Dystrophy Syndrome (RSD), also known as Complex Regional Pain Syndrome (CRPS), is a chronic neurological syndrome which involves severe burning pain, tissue swelling or extreme sensitivity to touch. RSD develops in response to an event the body regards as traumatic, such as an accident or medical procedure. RSD may follow up to 5% of all injuries. Because RSD can result from many types of injuries—including sprains, falls, or minor injuries—RSD can also result from work-related accidents. RSD and CRPS can result in permanent disability, reduced hours or an inability to perform the same job. You must contact a workers compensation lawyer to protect your rights.

 

Treatment for RSD like fibromyalgia may include medication, physical therapy, psychological support, sympathetic nerve blocks and spinal cord stimulators or morphine pumps. If this injury is work related a workers compensation attorney is required due to many misunderstandings about RSD. Very often workers compensation insurance carriers will  deny an injured workers' claims for RSD. This is a severe complication following a work injury and an experienced job site attorney is required.

 

 

 

Tendonitis is a common workers compensation claim

Tendonitis is usually seen after excessive repetitive movement with which the tendon gradually becomes tighter until the fibers that make up tendons start to tear.  This is common injury for truck drivers, cab driver and any repetitive motion job.Tendonitis is a common workplace injury; especially for workers whose job duties involve repeated movements. Workers whose  tasks include  constant lifting, pushing, pulling, or squatting may overuse their muscles, which may lead to the development of tendonitis. Long periods of sitting followed by movements without time to stretch and warm the muscles can cause tendonitis. The most common tendon areas that become inflamed are the elbow, wrist, thumb, biceps, shoulder leg, neck, knee, ankle, hip, and Achilles tendon.

 

 

 

Stress Fractures are a common on the job injury

A stress fracture is an injury that results from overuse.  When muscles become fatigued and are unable to absorb added shock , the fatigued muscle transfers the overload of stress to the bone causing a tiny crack called a stress fracture. The most important treatment for a stress fracture is rest. Injured workers who have stress fractures should rest from the activity that caused the stress fracture, and only perform tasks that are pain-free  during the six to eight weeks it takes for most stress fractures to heal. A workers compensation lawyer should be called to protect your rights regarding  returning to work and light duty.

 

 

 

Carpal Tunnel Syndrome is one of the most common workers compensation injury claims

Carpal tunnel syndrome (CTS) is a medical condition in which nerves in the wrist are compressed. Symptoms of carpal tunnel syndrome include a burning or tingling sensation in the fingers, numbness, difficulty gripping or making a fist, dropping objects, and general weakness in the hands or wrists. If carpal tunnel syndrome is untreated, increased pain and weakness can disable  hand function. Eventually grasping or holding objects becomes severely painful and and almost impossible due to weakness. Surgery can become necessary with a long recuperation period. Your workers compensation lawyers will help with,light duty,or change of job until there is a full recovery.  There can be some limitations in work related tasks.

In the United States, carpal tunnel syndrome is the biggest single contributing factor to lost time at work and workers compensation claims.

 

 

 

Catastrophic disasters such as falls ,airplane crashes, train wrecks and 18 wheel truck accidents can cause Traumatic Brain Injury.

A traumatic brain injury (TBI) can significantly affect many cognitive, physical, and psychological skills. Most traumatic brain injuries result in widespread damage to the brain because the brain acts like a ping-pong ball inside the skull during the impact of a catastrophic  accident. An attorney experienced in catastrophic work related injuries should be hired to assist with this type of workers compensation claim.

 

It is sometimes difficult to understand the immediate impact of a traumatic brain injury, since the effects of this injury are very different in every person. However, a traumatic brain injury will often require life-long medical and psychological care or even wrongful death. Workers compensation law does allow for  lump sum settlements for permanent disabilty as well as well as compensation for loss of a spouse.

 

 

 

Toxic Mold syndrome is a class action . Workers compensation lawyers who deal with lawsuits affecting large groups of individuals at a workplace are usually called in.

Toxic mold has  many lung related  health risks from exposure. There are several different varieties of mold that can cause breathing related health problems chronic bronchitis , heart problems, cancer, multiple sclerosis, chronic fatigue, lupus, fibromyalgia, rheumatoid arthritis, multiple chemical sensitivity, and bleeding lungs.

 

 

 

Work related shoulder Injuries and knee injuries

The shoulder is a common area where work related  injuries occur. Some of the more common injuries to the shoulder include muscle strains, rotator cuff tears, bursitis,tendonitis, and separated and dislocated shoulders. The injuries can range from minor to very serious.

 

Shoulder injuries are often the result of workplace accidents. These  on the job injuries can result from one particular incident or develop over time as a result of repetitive use of the arm. An experience  Workers compensation lawyer will be able to argue your case for a shoulder injury being work related

 

Knees are also common sites for workplace injuries. While there are four bones that come together at the knee, only the thigh bone and the shin bone form the joint itself. The strut bone on the outside of the leg provides a certain amount of stability, and the kneecap  helps with joint function. These bones and joints result in your ability to bear weight or do weight bearing job tasks .

 

 

 

 

 

Each part of the anatomy needs to function properly for the knee to work. Acute injury and trauma as well as chronic overuse can both cause inflammation and its accompanying symptoms of pain, swelling, redness and warmth. These are very common work related injuries.

 

 

 

Joint Replacement  resulting form shoulder, knee and hip work related injuries .

Injuries to joints, especially knees, shoulders and hips, occur  on the job everyday. Joint injuries may be the result of repetitive motion activities or an aggravation of a pre-existing condition. When your  pain cannot be managed through medication and physical therapy, you may be a candidates for joint replacement. Your workers compensation lawyer will show how  your job related tasks caused the pain and the joint replacement.

 

e.

 

Workers with joint injuries who are thinking about a joint replacement should consider the impact their pain has on their ability to work or enjoy hobbies, whether or not the pain is persistent, and the failure of non-surgical treatments. Your workers compensation lawyer will be thinking about the appropriate compensation for you for your pain and suffering.

 

Workers' compensation insurance carriers  will often deny joint replacement surgeries for injured workers because they are costly and sometimes require numerous surgeries. Consider contacting a workers compensation attorney if your employer's workers' compensation insurance carrier will not authorize your surgery.  If you have been offered a settlement do not accept until you have consulted with a knowledgeable workers compensation lawyer. You may need a joint replacement in the future and should never accept a settlement payment too quickly.

The  Greater Atlanta area workers compensation lawyers of Free Legal Shield will work 100% to protect your rights under the Georgia  Workers Compensation Laws. Attorneys are ready to help you

We  have workers compensation attorneys in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta , Sandy Springs , East Point , Redan, GA, Riverdale, GA, Snellville, GA, Conyers, GA, Covington , McDonough , Hampton ,GA, Lawrenceville, GA, Johns Creek ,GA, Roswell, GA, Woodstock, GA, Marietta ,GA, Smyrna, GA, Mableton. GA, Douglasville ,GA, Buford ,GA, Canton, GA.

 

 

 

Chronic Pain

Many work-related injuries result in chronic pain. Chronic pain is generally defined as painful symptoms from the work related injury that remain with the worker for at least two (2) months after the work related injury. For workers with permanent chronic pain (pain that will probably never go away), the worker may be entitled to a settlement under the  Georgia Workers Compensation Law For more serious cases of chronic pain, the worker may also be eligible for future medical care. You must be represented by a workers compensation lawyer to fight your employers insurance company and protect your rights.

 

 

 

 

 

 

 

 

 

Lawyers for Workers Compensation Claims

 

Lawyers for Workers Compensation claims ,Workers compensation claim resource guide lawyers for workers compensation claims help the injured workers of Florida and Georgia

The United States workforce includes more than 105 million people. Every year, more than 6 million of these workers get injured and 6,023 more lose their lives on the job, according to the National Safety Council. The estimated cost is in the billions of dollars. Lawyers for workers compensation claims help injured workers

More than 245,000 injuries and illnesses were reported by Florida employers in 2002, according to a joint federal and state survey. Industries involving wholesale, retail trade and services experienced the greatest number of incidents, with 32 percent of the total reported cases. Construction and manufacturing industries together ranked second with 10 percent each of the total cases. Lawyers fro workers compensation claims help the injured worker.

Learn some facts about workers compensation and hire one of our lawyers for workers compensation claims today.

1. Can my employer fire me if I am out and receiving workers’ compensation benefits?

Yes. You should not be fired in retaliation for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work.

2. Must I be released to full duty before I can return to work?

No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).

3. Is my employer required to have workers’ compensation insurance?

Employers with four or more employees, part-time or full-time, are required to have workers’ compensation coverage. An employer in the construction industry with one or more employees is required to have insurance.

4. Where does my workers’ compensation benefit check come from?

It comes from your employer’s workers’ compensation insurance company (the carrier) or from your employer if the company does not have insurance.

5. Are workers’ compensation benefits taxable?

No.

6. When will I get my first check?

The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you reported your injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week.

7. Do I have to pay any of the medical costs?

Your employer or its workers’ compensation insurance company must pay for all approved and medically necessary care. If you are injured on or after January 1, 1994, you are required to pay a $10.00 co-payment per visit for medical treatment after you reach maximum medical improvement (MMI).

8. How are the doctors and other health care providers paid?

All authorized health care providers must bill your workers’ compensation insurance company directly. If you receive a bill, mail it to the insurance company or to your lawyer. Do not pay it yourself.

9. Can I choose my own doctor?

No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.

10. When is an impairment rating assigned?

When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have a permanent loss of function of a part of your body. When that date is approaching, it is important that you let our office know.

11. Am I entitled to a lump-sum settlement of my case?

A lump-sum settlement is allowed but is not mandatory. Any negotiations are strictly voluntary between the injured worker and the insurance company. A judge cannot force the insurance company to settle your case.

.

 

 Attorney referral Service has Floridalawyers for workers compensation claims ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Attorney Referral has Florida Lawyers for workers compensation claims  ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

Lawyers for workers compensation claims ready to help you in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan , Riverdale , Snellville GA, Conyers GA, Covington , McDonough , Hampton , Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta , Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA Valdosta,Gainesville,Marietta,Jonesboro,Augusta, Savanah, Smyrna,Fayeteville, Tifton, Warner Robbins, Conyers