Savannah

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.

 

GranuFlo news Updates, Dialysis Medication Lawsuits Consolidation

 GranuFlo and Naturalyte heart attack form dialysis medication lawyers are filing  lawsuits for cardiac injury and death from GranuFlo and Naturalyte.

There was a  class 1 recall of GranuFlo last year  due to cardiac injury during or just after dialysis treatment. NaturaLyte is a liquid acid concentrate and GranuFlo is a dry acid concentrate. Both products contain sodium acetate that converts to bicarbonate at higher then expected rates leading to immediate cardiac arrest in many dialysis patients and cardiac injury bin others.
At year's end in 2012,a  Motion to Consolidate the cases into multidistrict litigation (MDL) for all federal lawsuit was filed. A request  has been filed with the U.S. Judicial Panel on Multidistrict Litigation asking that all Naturalyte and GranuFlo lawsuits filed in U.S. District Courts throughout the country be consolidated for pretrial proceedings in the District of Massachusetts.
Early in 2013,  Fresenius said in court papers that it agreed that consolidation of the NaturaLyte and Granuflo litigation was appropriate and supported the transfer of the cases to the District of Massachusetts
 On January 3, several Plaintiffs with pending lawsuits have objected to centralizing the cases in Massachusetts, indicating that the litigation should be consolidated in the southeast, because of the number of cases filed in that region. Their choices are the Southern District of Mississippi and the Northern District of Alabama have been requested. Many Florida retired seniors are dialysis patents and have been injured or killed sue to a cardiac episode from GranuFlo or Naturalyte.

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 injuries in Georgia, Workers Compensation Lawyer

 

Written by Attorney Referral Service. Posted in Legal News

Workers compensation Injuries in Georgia are  the highest in retail with a close second in the construction industry. These injuries are occurring for the most part in: Atlanta, Macon, Albany, Savanah, Valdosta and Columbus Georgia although people are injured on the job thru-out Georgia

About Workers Compensation Lawyers and Workers Compensation

If your loved one was killed on the job or died due to conditions at his or her workplace in Florida or Georgia, or if you have been injured or sickened in relation to your job, call Jewish lawyers USA for a Jewish lawyer near you for help getting your workers compensation benefits. An attorney who specializes on handling workers compensation matters will maximize the likelihood of receiving benefits in a timely and effective manner. If you have been denied workers compensation benefits in; Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA, Savannah, Tifton and all of Georgia.

While Georgia and Florida have their own workers compensation act, the federal government has also implemented several workers compensation acts in an effort to protect workers’ safety. The main purpose of each of these workers compensation laws (acts) is to compensate and provide medical care for:
    •    workers who are injured while on the job in Georgia and Florida
    •    those who are made ill or disabled by conditions at their jobs, and
    •    the surviving dependents of a worker who is killed on the job or dies from an illness incurred because of his or her job conditions
Each state and the federal government each have their own Workers Compensation Act which compensates workers who are injured during the course of their employment. Each workers compensation act is designed so that employees can receive fixed monetary compensation for their injuries without the need for legal action. The workers compensation act that is applicable to an individuals employment is dependent upon who they are employed by and the industry they are employed in.
Workers Compensation Benefits Depend on Several Factors
Each workers compensation act is designed so that employees can receive medical care and fixed monetary compensation for their injuries without the need for legal action. The workers compensation act that is applicable to an individual's employment depends on:
    •    the state he or she is working in
    •    who he or she is employed by
    •    the industry that employs him or her

State Workers Compensation Acts
Most states have their own workers compensation act that details the workers compensation benefits that people employed in that state are eligible to receive. The specific laws in each state vary. Among the states that provide their own workers compensation acts and systems are:
    •    Alabama Workers Compensation
    •    Illinois Workers Compensation
    •    Pennsylvania Workers Compensation
    •    Indiana Workers Compensation
    •    Louisiana Workers Compensation
    •    Texas Workers Compensation
    •    California Workers Compensation

Florida and Georgia do not.

The Federal Workers Compensation Act
The federal government has a workers compensation act (the Federal Employees' Compensation Act, or FECA) that covers all non-military personnel employed by the U.S. (federal) government. Enforcement and administration of all laws contained within the federal workers compensation act rests with the Office of Workers Compensation Programs.
There are some cases of disability and death that are not covered by a federal workers compensation act. These include cases where the employee was injured:
    •    because of self-inflicted harm
    •    while under the influence of drugs or alcohol, or
    •    while violating some employee policy
In cases of death, the beneficiaries of the decedent are eligible to seek compensation for the monetary damages resulting from the fatal injury.
Industry-Specific Workers Compensation Acts
    •    The Federal Employment Liability Act (FELA) applies to injured, disabled or killed railroad workers.
    •    The Merchant Marine Act/Jones Act is a federal workers compensation act for "seapersons."
    •    The Longshore and Harbor Workers Compensation Act is for employees who become disabled from injuries that occur on the navigable waters of the U.S. or in adjoining areas that are for used for loading/unloading, building, or repairing a vessel. The LHWCA also provides benefits for such employees' dependents after a work-related death.
    •    The Black Lung Benefits Workers Compensation Act protects workers who are injured in the mining industry.
    •    The Energy Employees Occupational Illness Workers Compensation Act provides protection to employees of the Department of Energy who are killed or injured during the course of their employment.

Types of Federal Workers Compensation Act
There are a few types of federal workers compensation act that cover employees in particular industries. The Federal Employment Liability Act is the workers compensation act that applies to injured, disabled or killed railroad workers. Given the dangers of railroad work, special protections are offered to these employees through this workers compensation act.
The Merchant Marine Act/ Jones Act is a federal workers compensation law that provides benefits to seapersons when they are injured or killed on the job. There is a similar workers compensation act called the Longshore and Harbor Workers Compensation Act. This workers compensation act provides compensation to persons who suffer an occupational disease that arises out of employment that occurs on the navigable waters of the United States or any adjoining waters.
The federal government also governs two other workers compensation acts for specific federal employees. The Black Lung Benefits workers compensation act protects workers who are injured in the mining industry. The Energy Employees Occupational Illness workers compensation act provides workers compensation protection to those persons employed by the Department of Energy who are killed or injured during the course of their employment.

Workers compensation law is a complex and ever-changing field. To get the most effective and knowledgeable assistance, you should speak with an experienced workers compensation attorney near you who understands the laws governing your state. A workers compensation lawyer will be able to thoroughly evaluate your case and fight to ensure you recover the compensation you are entitled to. To schedule a private consultation, please contact us today.
Each state also has their own workers compensation act that details the benefits that people employed in that state are eligible to receive. These benefits are similar to those offered by the federal government, though the specific laws in each state may vary.
All 50 states and the federal government currently have workers compensation laws in effect. In the case that employees become ill or injured, or dies in the course of their employment workers compensation laws spell out the entitlement of the employees or their families/dependents to collect workers compensation benefits. Workers compensation laws protect the employee and the employer alike, by guaranteeing a certain amount of financial protection for each party.
Workers compensation laws are in effect at both the state and federal level to protect the incomes of employees who are injured, become ill or die due to conditions at their places of work. A vast and complex patchwork of workers compensation laws spell out the entitlement of employees or their families/dependents to collect workers compensation benefits. In addition, workers compensation laws protect both employees and their employers by guaranteeing a certain amount of financial protection for each party.

Job Safety Protected by Workers Compensation Laws
Workers compensation laws were enacted to avoid court delays, encourage safety in the workplace, and allow for a reliable source of income and benefits. Under workers compensation laws, an employee will receive certain funds and benefits, regardless of fault or negligence. The payment of workers compensation is virtually automatic, so long as the employees claim follows the workers compensation laws of the state and federal governments.
Although they do afford some protection to injured employees, there are some limitations to workers compensation laws, and even more misunderstandings about what they mean. Independent contractors are not eligible to collect benefits under workers compensation laws, although the definition of an "independent contractor" is often vague at best. Injured parties who are entitled to claims under workers compensation laws are not getting a blank check-there are very specific limitations on the amounts and types of funds that can be recovered under workers compensation laws. For instance, there is no provision for special sums of money for things such as "pain and suffering" in the workers compensation laws used by most states.
Workers compensation laws were enacted to:
    •    Allow for a reliable source of income and benefits for the injured
    •    Encourage safety in the workplace
    •    Avoid court delays.
California workers compensation law is a typical example. Under the various state and federal workers compensation laws, an employee will receive certain funds and benefits regardless of fault or negligence.
What Workers Compensation Laws Can and Cannot Do
Although they provide protection to injured employees, workers compensation laws do have some limitations, and there is a fair amount of misunderstanding about what workers compensation laws can and cannot do. For example, independent contractors are not eligible to collect benefits under workers compensation laws, but the definition of an "independent contractor" is often vague at best.
Limitations on Workers Compensation Benefits
In addition, injured parties who are entitled to benefits under workers compensation laws aren't getting a blank check — there are very specific limitations on the amount and types of funds that can be recovered. For instance, there is no provision for money for things such as "pain and suffering" in the workers compensation laws used by most states.

How a Workers Compensation Law Firm Can Help
Because of the amount of variance between the workers compensation laws from one state to another, it is strongly advised that injured employees consult a workers compensation lawyer who understands the laws that apply to their specific circumstances. An attorney for workers compensation matters will be qualified to interpret the state and federal laws will be able to provide legal guidance and assistance to ensure full recovery of all funds to which the claimant is entitled. For more information or to schedule a private consultation with a workers compensation attorney in your area, contact us today.

A significant portion of all accidental injuries occur in the workplace. While many work related injuries tend to be minor, more serious injuries – including permanent disability and death – can and do occur. Fortunately, when an injury is sustained in the workplace, workers have a legal right to pursue compensation by making a claim through workers compensation.
If you have been injured in the workplace, you need to ensure that your legal rights are protected. Please contact us today to speak with an experienced workers compensation attorney free of charge.

About Workers Compensation
All employers are required to keep workers compensation insurance. Workers compensation laws exist to protect both the worker and the employer in the event of a work injury. These laws ensure that employees who are harmed while on the job receive proper compensation for their injury, including medical expenses and lost wages. Workers compensation also enables dependents of workers who are killed on the job to receive compensation for their losses.
Some criticize workers compensation because it can restrict a worker who may have been seriously victimized, or very seriously hurt, from seeking larger amounts of compensation if they feel it is due. Workers compensation does limit such lawsuits, but it does not disallow them altogether. A qualified attorney can evaluate your case and determine your eligibility to file an additional personal injury claim.
Injuries Covered by Workers Compensation
Workers compensation covers most injuries a person can sustain while working, including injuries incurred through ones own fault. It does not, however, cover injuries sustained while the worker was intoxicated or under the effect of illegal drugs. Nor does workers compensation cover injuries sustained in the course of a crime. Some of the more common injuries workers compensation does cover are:
    •    Worsened preexisting injuries, such as back injuries
    •    Diseases contracted in the workplace due to repeated or prolonged exposure to dangerous substances such as asbestos
    •    Mental or physical work-related stress
    •    Injuries caused by machinery
    •    Slip and fall accidents
    •    Repetitive stress injuries such as carpal tunnel syndrome
Injuries sustained during breaks, lunch hours, and while at company-sponsored events are all covered by workers compensation.

Legal Action for a Workers Compensation Case
Workers compensation is a system of laws with guidelines and procedures that vary from occupation to occupation, and from state to state. Those considering seeking workers compensation should seek the counsel of a qualified workers compensation lawyer.
Workers compensation insurance is required for almost all employers in the U.S. that have at least three employees. State and federal laws require that employers carry workers compensation insurance in order to protect employees injured or killed on the job or made ill by the conditions at their place of work. The benefits typically covered by workers compensation insurance are:
    ▪    medical bills
    ▪    disability income
    ▪    a portion of lost wages
    ▪    vocational rehabilitation
    ▪    death benefits for the dependents of a deceased employee
The amount of workers compensation insurance coverage is mandated by the state; thus, benefits do not vary between employers within the same state. The Texas and California workers compensation systems are two of the largest workers comp. systems in the United States. The federal version of workers compensation insurance is provided for employees of the federal government, and others.
State and federal laws require that employers carry workers compensation insurance in order to provide for employees injured or killed on the job. Benefits provided to employees include a portion of workers compensation lost wages, medical bills, vocational rehabilitation, and death benefits. The amount of workers compensation insurance coverage is mandated by the state-benefits do not vary between companies within the same state, although workers compensation insurance policies in different states may not be similar.

How Workers Compensation Insurance Works
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. When workers or their dependents file claims for workers compensation benefits, the insurance companies pay out the income and cover the cost of benefits. In this way, workers compensation insurance protects the employer from any other liability, and protects employees by providing benefits in the case of injury.
If an employer does not carry workers compensation insurance, or does not carry the required amount, the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance companies. Additionally, employers may be subject to severe fines and even jail time for failing to carry a sufficient workers compensation insurance policy.
Benefits from Workers Compensation Insurance
In the case of injury or death on the job site, employees should file a claim with the workers compensation insurance system in their state (or the federal government, for federal employees) as soon as possible. It is the legal duty of the employer to ensure that injured employees get the benefits to which they are entitled without delay. In cases of extreme negligence, workers compensation insurance may not protect the employer from litigation stemming from a job-related injury or death.
Workers Compensation Insurance Cost
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. In the case that a workers compensation insurance claim is filed by an employee, the insuring company pays the required amount. In this way, workers compensation insurance protects the employer from any other liability, as well as protecting the employee by providing benefits in the case of injury. If an employer does not carry workers compensation insurance, or does not carry the required amount, then the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance. Additionally, employees may be subject to severe fines and even jail time for failing to carry sufficient workers compensation insurance policy.

When an individual is injured on the job, members of the Workers Compensation Commission are responsible for determining the level of benefits he or she is eligible for. The commission, also known (in certain states) as the Workers Compensation Board, serves as the decision maker when it comes to workers compensation benefits. The Texas and Illinois workers compensation systems have the largest workers compensation commissions in the U.S.

Most Large Employers Required to Contribute
The Workers Compensation commission or board in nearly all 50 states (the Texas workers compensation commission is the sole exception) is part of a state system that requires every employer with three or more employees to pay into the states Workers Comp system, so that when an employee is made ill by conditions at the workplace, or is injured in an accident at work, there will be a substantial fund of money from which workers comp benefits can be drawn.
State Specific Requirements and Guidelines
In most cases, full-time, part-time, and even temporary employees are covered under their states workers compensation system. The Commission or Board in your state has the specific guidelines and rules that both employers and employees must follow to process a request for benefits, which are usually a minimum of:
    •    Income benefits (to replace the income that a worker loses when he or she cant work due to the job-related illness or injury)
    •    Medical benefits (to cover the costs of the workers medical care, including rehabilitation or recovery care)

Pursuing a Workers Compensation Claim
Whether or not you have contacted your states workers compensation commission, it's a good idea to consult a workers compensation attorney near your home who will evaluate your injury and help you recover the compensation you are entitled to.
A  Georgia and Florida Workers Compensation Attorney can Help you  by:
    •    Getting all of the documentation relevant to your injury or illness
    •    Correctly and thoroughly completing the forms and requirements laid out by the workers compensation commission
    •    Appearing and speaking on your behalf at your workers comp hearing and/or appeal hearing
    •    Interceding with physicians to work out agreements for them to wait for payment of services until the workers comp settlement is paid out

Work related injuries could limit or end your ability to perform your usual occupation. Whether these work related injuries last a few days or the remainder of your life, their affects are far-reaching. Work related injuries can result in permanent disability. Often, they result in financial losses: work related injuries can require costly medical treatment and recuperation time may mean lost wages.
Work related injuries are any injuries or illnesses that result from the employees required job duties. Work related injuries can happen at any mandatory event or location, or whenever the employee is being paid.

Workers Compensation for Work Related Injuries
Work related injuries can be settled quickly and easily, but sometimes involve extensive litigation. Those who suffer work related injuries should report them as soon as possible to their employer using the proper forms. Work related injuries should also be investigated by a physician, as medical evidence for claims of work related injuries is generally required in the form of a physicians statement. Evidence of work related injuries allows the victim to qualify for workers compensation and associated workers comp benefits. While the documentation for work related injuries is usually submitted through the employer, generally a state or federal workers compensation office decides the work related injuries claims.
A Georgia  Work Related Injury Lawyer
If you or a loved one has suffered as a result of work related injuries, you may wish to investigate your legal rights. Individuals with work related injuries often recover the cost of treatment and hospitalization, as well as be entitled to other benefits that could include workers compensation lost wages. A workers compensation attorney might be able to help you determine the best course of action to take.

A workers compensation settlement determines the provisions of a workers compensation claim with regards to benefit awards. Each local, state, and federal jurisdiction have there own rules that determine the types of settlements that may be available and what these entail. A workers compensation settlement will provide the terms of how and what benefits will be paid out.
Receive Compensation Through a Workers Compensation Settlement
Workers compensation laws were created in order to protect both employees and employers in the event of injuries, disability, and death that arise out of and in the course of a workers employment. These laws provide a “no fault” context in which employees can receive compensation for their injuries without the need for exhaustive and costly legal disputes. Most workers compensation claims are handled in this manner without the need for dispute or litigation.
Workers compensation insurance must be purchased by an employer and is usually obtained from a private insurance company that has clearly established rules that define the benefits injured employees are eligible to receive. As a general rule, there are six types of workers compensation benefits that an employee can receive through a legitimate workers compensation claim. These include:
    •    medical care
    •    temporary disability
    •    permanent disability
    •    vocational rehabilitation
    •    supplemental job displacement
    •    death benefits
In more serious cases of disability and death, a workers compensation settlement can involve some degree of dispute and litigation. This means that a workers compensation settlement must be negotiated through mediations with the relevant department of workers compensation appeals board or some other referee. The help of a legal professional is vital in these cases to ensure that your interests are protected and maximized through negotiations of a workers compensation settlement. Most times, a workers compensation settlement is settled out of court and a disposition is reached without extensive third party intervention.

Types of Workers Compensation Settlements
There are a few different types of workers compensation settlements that might determine the benefits that will be awarded in the event of employment-related death or disability. A stipulated workers compensation settlement is usually desirable when an employee is still employed by the same company. In this type of workers compensation settlement the case can be re-opened for a certain period of time and changes can be made to benefits requirements. A “compromise and release” or “full and final” workers compensation settlement involves compromise and once decided upon cannot be modified even if a victims condition worsens or changes. There is also the option of a structured workers compensation settlement which is similar to the compromise and release and is usually reserved for bigger cases.
In most cases benefits are distributed to a victim over a specified period of time. Only in rare circumstances will a lump sum payment be awarded in a workers compensation settlement. The help of a workers compensation attorney can be a victims best advocate in the workers compensation settlement process.

A workers compensation premium is what an employer pays an insurance company in order to gain workers compensation insurance for their employees. Employers are required by law to carry this type of insurance and may be subject to criminal charges leading to fines and/or jail time if found without workers compensation insurance coverage. Employers who are found without workers compensation insurance may also lose the right to practice in their professional field.
Local, State and Federal Laws for Workers Compensation
Workers compensation is governed by local, state, and federal law which requires that all employees be covered under workers compensation. Workers compensation laws were created in order to provide employees who suffer legitimate injuries, disability, or death arising as a result of their employment with compensatory benefits. These laws are aimed at preventing legal disputes and provide a “no-fault” system which protects both employees and employers from legal disputes and other adverse consequences of injuries that are sustained on the job.
A private employer is required to become self insures or obtain workers compensation insurance from a private licensed insurance company or a state insurance company that is authorized to provide workers compensation insurance. A workers compensation premium is the payment that an employer pays the insurance company in exchange for coverage. The responsibility of paying a workers compensation premium rests solely on the employer, and it is unlawful for employees to contribute to workers compensation insurance.

Workers Compensation Premium Factors
A workers compensation premium is determined by a number of factors. The amount of money that is required to meet a workers compensation premium payment is determined by: the businesss industry classification, the companys past history of work related injuries, the employers payroll, and any other special considerations such as the use of particular health care providers or participation in any other programs.
The government agencies that administrate and manage workers compensation compliance function with the goal of minimizing the adverse consequences of work injuries on both employers and employees. As a result of these goals, workers compensation agencies provide support and information to both employees and employers. Employers can contact the appropriate agency to find out what is required of them under workers compensation laws. Employers can also receive helpful information such as ways to lawfully reduce a workers compensation premium.

Workers Compensation Lawyers Protect your Rights
It is important to note that an employer commits workers compensation fraud if s/he unlawfully manipulates the facts in order to lower their workers compensation premium. This deceitful manipulation of the factors relevant to a workers compensation premium can include any falsification of facts, including the number of employees that are to be covered or the nature of their work. Paying a workers compensation premium is considered part of the cost of running a business, and is therefore considered wholly the responsibility of employers. Employers can be held legally liable for any breech of this requirement.

If you or a loved one have been injured while on the job in Florida or Georgia it is important that you contact an experienced workers compensation attorney in your state. Workers compensation laws vary by state, and legislation can be complex, which is why it is very important to obtain the legal counsel of a workers comp lawyer who is familiar with your state's laws. Contact us today for a free consultation

Lost wages resulting from a work related accident or disability can often be recovered through legal action. Lost wages are generally recovered as part of the damages due a plaintiff under state workers compensation laws. Lost wages do not include future earnings, only the regular wages the plaintiff would have earned.
Lost wages cover time spent unable to work, as well as time missed due to treatment. Obtaining the workers compensation lost wages benefit may require expert testimony as to your particular condition or injury. Entitlement to lost wages does not depend upon type of work or full-time employment, and self-employed persons can recover lost wages as well. Even if you received sick or vacation pay, lost wages may be due, since injury required you to use vacation/sick days, resulting in lost wages for that period. Sick or vacation pay is generally not regarded as replacing an individual’s lost wages. You may be eligible for reimbursement for missed work opportunities, in addition to any lost wages you have suffered, although missed job interviews or promotions are more difficult to prove than lost wages themselves.

Lost Wages and Legal Action
You must have medical authorization to be off work to file a workers compensation claim for lost wages. Generally speaking, the treating physician must submit a statement that you are recovering from injuries. Lost wages as a result of self-diagnosis are generally not considered recoverable by legal means.
Lost wages claims require specific documentation, including a statement from your employer indicating your position and income. Lost wages cannot be accurately calculated without some proof of your normal working hours and pay. Any lost wages claims should also include documentation from a physician stating dates of recovery and type of injury/illness. Lost wages claims filed by the self-employed can be more difficult to prove, requiring more detailed documentation: lost wages calculations for the self-employed rely heavily on past earnings to determine the amount of lost wages due to injury or illness. Tax documents, contracts, invoices and billing statements can help determine lost wages for the self-employed. Letters from customers who would have used your services can indicate lost wages as well.

Workers compensation investigations are conducted when any party involved in the workers compensation process suspects fraud or some other wrong committed on behalf of another party that caused injury to the former party. Workers compensation investigations are pursued through the appropriate local, state, or federal workers compensation department. In most cases, a victim of suspected wrongdoing greatly benefits from the aid of a professional legal expert during these workers compensation investigations.

Investigations Help Detecting Fraud
Workers compensation investigations can investigate alleged wrongdoing or fraudulent activity that is committed by any party involved in workers compensation claims. An employee may be the subject of workers compensation investigations when they attempt to collect workers compensation for disability when, in truth, they are capable of working or when they are collecting workers compensation benefits while receiving income from another job. Any falsification of a workers compensation claim on behalf of an employee can lead to workers compensation investigations.
Employers may also be the subject of workers compensation investigations. These investigations can be the result of an employer pressuring an employee not to file a legitimate claim, or providing misinformation which discourages valid action on behalf of an employee who is injured, disabled or killed as a result of their employment. Employers may also be the subject of workers compensation investigations when they fail to obtain proper workers compensation insurance, or commit any type of dishonest or fraudulent activity in regards to this insurance.
Insurance providers, medical professionals, and others who provide services to injured workers can also be the subject of workers compensation investigations. This can result from improper claim processing or any other type of activity which unlawfully harms any party involved in the workers compensation process.

Seek Compensation if You Have Been Injured at Work
If any type of fraud is suspected on behalf of any of these parties, the victim has the right to seek corrective action and compensation for the losses they have suffered as a result. Workers compensation investigations are handled by the appropriate local, state or federal government agency that governs workers compensation laws. The federal government and most state departments have an appeals board who hears the evidence gathered in workers compensation investigations. The victims of fraud have the right to legal representation in these proceedings. Legal representation can be greatly beneficial for victims of workers compensation fraud because these experts have the knowledge and experience to maximize and protect a victims legal interests.
Workers compensation investigations of fraudulent activity can result in strict penalties for those who violate workers compensation regulations. Workers compensation fraud adversely affects the economy, tax payer dollars, public agency resources, and those individual victims of fraud. Therefore, workers compensation investigations can lead to misdemeanor and felony charges brought against the fraudulent or negligent liable party.
Workers compensation law is complex and continually changing. To obtain the most effective and knowledgeable assistance, you should speak with a qualified and experienced workers compensation attorney near you who understands the laws governing your state.
Workers compensation insurance is required for almost all employers in the U.S. that have at least three employees. State and federal laws require that employers carry workers compensation insurance in order to protect employees injured or killed on the job or made ill by the conditions at their place of work. The benefits typically covered by workers compensation insurance are:
    ▪    medical bills
    ▪    disability income
    ▪    a portion of lost wages
    ▪    vocational rehabilitation
    ▪    death benefits for the dependents of a deceased employee
The amount of workers compensation insurance coverage is mandated by the state; thus, benefits do not vary between employers within the same state. The Texas and California workers compensation systems are two of the largest workers comp systems in the United States. The federal version of workers compensation insurance is provided for employees of the federal government, and others.
State and federal laws require that employers carry workers compensation insurance in order to provide for employees injured or killed on the job. Benefits provided to employees include a portion of workers compensation lost wages, medical bills, vocational rehabilitation, and death benefits. The amount of workers compensation insurance coverage is mandated by the state-benefits do not vary between companies within the same state, although workers compensation insurance policies in different states may not be similar.

How Workers Compensation Insurance Works
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. When workers or their dependents file claims for workers compensation benefits, the insurance companies pay out the income and cover the cost of benefits. In this way, workers compensation insurance protects the employer from any other liability, and protects employees by providing benefits in the case of injury.
If an employer does not carry workers compensation insurance, or does not carry the required amount, the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance companies. Additionally, employers may be subject to severe fines and even jail time for failing to carry a sufficient workers compensation insurance policy.

Benefits from Workers Compensation Insurance
In the case of injury or death on the job site, employees should file a claim with the workers compensation insurance system in their state (or the federal government, for federal employees) as soon as possible. It is the legal duty of the employer to ensure that injured employees get the benefits to which they are entitled without delay. In cases of extreme negligence, workers compensation insurance may not protect the employer from litigation stemming from a job-related injury or death.

Workers Compensation Insurance Cost
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. In the case that a workers compensation insurance claim is filed by an employee, the insuring company pays the required amount. In this way, workers compensation insurance protects the employer from any other liability, as well as protecting the employee by providing benefits in the case of injury. If an employer does not carry workers compensation insurance, or does not carry the required amount, then the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance. Additionally, employees may be subject to severe fines and even jail time for failing to carry sufficient workers compensation insurance policy.

If your loved one was killed on the job or died due to conditions at his or her workplace, or if you have been injured or sickened in relation to your job, contact a law firm near you for help getting your workers compensation benefits. An attorney who specializes on handling workers compensation matters will maximize the likelihood of receiving benefits in a timely and effective manner. If you have been denied workers compensation benefits, an experienced attorney can help you with an appeal. For more information or to speak with a qualified workers compensation attorney, contact us today.
The specific requirements and availability of workers compensation insurance varies somewhat by state-in North Dakota, Washington, Ohio, Wyoming, and West Virginia, for instance, only the state can sell workers compensation insurance. In the remaining states, employers purchase the required workers compensation insurance either from various insurance companies or from a state compensation fund.

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

Tags: Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA, Atlanta GA, Buford GA, Canton, Conyers GA, Covington GA, DeKalb County, Douglasville GA, East Point GA, Fulton County, Ga, Hampton GA, job site injuries, Johns Creek GA, Lawrenceville GA, Mableton GA, Marietta GA, McDonough GA, on the job injuries, Redan GA, Riverdale GA, Roswell GA, Sandy Springs GA, Savannah, Smyrna GA, Snellville GA, Tifton and all of Georgia., Woodstock GA, workers comp.workers compensation benefits, Workers compenation attorneys, workers

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

 

 

 

Chemicals in Rubber-Mesothelioma Lawyers

Chemical Used in Manufacturing of Rubber Products May Be Linked to Deadly Cancers such as lung cancer or mesothelioma. A Mesothelioma lawyer must be contacted.

A chemical widely used in the manufacturing of rubber products and other types of consumer goods may increase the risk of deadly cancers in workers who are exposed to the chemical fumes. Mesolthelioma Lawyers have litigated on behalf of workers who are victims of these chemicals.

The chemical, 2-mercaptobenzothiazole, or MBT, more than doubles the risk of colon cancer and leaves workers four times as likely to develop bone marrow cancer than people who are not exposed, according to the study.

MBT is considered a “high-volume chemical” in the United States, with more than 1 million pounds of the chemical used each year. In the United States, it is used in various types of commercial  sealants, vinyl, automobile radiator fluids, corrosion inhibitors, vulcanization agents, and other consumer products. The inhalation of these chemicals over a long period of time can result in lung cancer or mesothelioma.

Research Finds Possible mesothelioma  Cancer Link

Researchers from the University of Birmingham concluded that MBT should be handled with care since studies have shown the chemical may be a human carcinogen capable of causing cancer in people who inhale the chemical fumes. Our Mesolthelioma lawyers will review your work history for links to lung cancer. The team of researchers focused on death rates of 363 workers who were exposed to the chemical while on the job at the Flexsys manufacturing plant in Wales for at least six months between 1955 and 1984 and cancer cases reported from 1971 to 2005.

The study found that the cancer risk increased in workers who were exposed to MBT over longer periods of time, but researchers said additional work is required to further substantiate the possible cancer link, since the study focused on such a relatively small group of workers.

Previous Studies Found Cancer in Mice

The new British study is the first to find a possible link between MBT fumes exposure and deadly mesothelioma -lung cancer  in humans. Previous scientific studies had found the chemical could cause cancerous tumors in laboratory mice, researchers said.

Manufacturing Workers are at Risk for mesothelioma or lung cancer, Not Consumers

The researchers said the greatest risks of exposure are in factory workers who handle or work around the chemical in the manufacturing of rubber products. Inhaling these fumes are a potential cause of mesothelioma or other lung cancers .Consumers who use rubber products containing MBT are not at risk of cancer from the chemical because they would not typically inhale chemical fumes, which are only generated during the manufacturing of the products, researchers said. If you or a loved one has been exposed to these fumes and has been to a Doctor for treatment you must contact an experienced Mesothelioma lawyer to protect your rights. Lung cancer is a seriously debilitating disease. You deserve compensation. There are current mesothelioma class action suites underway. Call Free legal shields lawyer referral Service today for your mesothelioma lawyer