Wednesday, July 8, 2015

Preparing for Insurance Coverage Litigation: 5 Point Checklist

by Timothy Puin, Esq.

1. Plaintiffs: Research Coverage Before You File

Too often, litigators wait until after filing their client's complaint to start investigating insurance coverage. By the time the pleadings are closed, it may be too late to structure your case to trigger all available coverage. Figure out before you file what kind of coverage your defendant is likely to have, not just the standard policies.

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Monday, June 8, 2015

Post-Accident Drug Tests Impact on the Workers' Compensation Claim

by Bernard Nomberg, Esq.

In Alabama, most employers require a drug test following an on-the-job accident. The reason for the drug test is because if you test positive for alcohol or certain banned drugs, the employer will have a stronger case to deny your claim for workers' compensation benefits.

If the employer can prove you were intoxicated or that you were impaired at the time of the accident, then the employer has cause to deny your claim for workers' compensation benefits.

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Monday, May 11, 2015

What Should You Do After Sustaining a Work Injury?

by Russ Haugen, Esq.

1. Notify your employer of the accident

The Illinois Workers' Compensation Act requires an employee to notify their employer within 45 days of the accident. However, the sooner the better. A delay in reporting the accident to your employer may give them (or their insurance carrier) an opportunity to argue that the injury resulted from a non-work related accident.

While the law allows the notice to be given verbally or in writing, we strongly recommend that it is done in writing.

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Monday, November 10, 2014

The Kickball Controversy: Is Injured Employee Entitled to Workers' Comp?

by Leslie Whitten, Esq.

In a workers' compensation claim in South Carolina, a claimant must prove that he was injured both arising out of (related to the job) and in the course and scope of employment (on the job). Typically if an employee voluntarily participates in an activity outside the job with his co-workers (company softball team, bowling league, etc.) that is not considered by employers to be related to the job or on the job, partly because the employee is usually not getting paid for that time as part of their job. A recent SC case might throw a monkey wrench into that--at least to an extent.

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Thursday, July 17, 2014

Third-Party Claims for Workplace Accidents

By Howard Ankin, Esq.

When an employee suffers a work-related injury or illness, he or she is generally entitled to workers' compensation benefits regardless of who was at fault for the accident. Depending on the circumstances of the injury or illness, the injured worker may also be able to receive additional money damages in a third party claim. In some cases, workers' compensation benefits may be insufficient to adequately compensate the injured worker and further legal action may be appropriate in order to obtain full and fair financial recovery for the injured worker.

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Wednesday, May 28, 2014

Can I Claim a Back Injury at Work Even Though I Had Back Trouble in the Past?

by David P. Nomberg, Esq.

Pre-existing injury defense is a common defense plead by employers in workers' compensation claims. Having a pre-existing condition can have a serious impact on your workers' compensation claim. This is especially true when the pre-existing condition is of a similar nature to the injury you are claiming.

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Wednesday, May 14, 2014

Bizarre Workers' Compensation Cases

By Robert Sciglimpaglia, Jr., Esq.

Oscar Wilde once said: "Life imitates art far more than art imitates life." My personal spin on that saying, especially when it comes to the law is "Fiction is life imitated." Nowhere is this phrase illustrated greater than in the workers' compensation arena. The most bizarre fact patterns occur in workers' compensation cases; more bizarre than any fiction author can even dream of many times.

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Monday, May 12, 2014

Notice to Employer of Work Accident

by Bernard Nomberg, Esq.

If you are injured while performing your job, what is the first thing you should do? Tell your employer you injured yourself while performing your job and request workers' compensation benefits. This puts your employer on notice of your on the job accident. Notice allows the employer to provide immediate medical diagnosis and treatment in effort to minimize the seriousness of the injury.

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Wednesday, February 26, 2014

The Ten Commandments of Practicing Insurance Defense Law

by Jennifer Pickett, Esq.

I'm sure you have heard the phrase, "it's so easy, I can do it in my sleep." That may apply to some things, but not to the practice of insurance defense law.

Although not an exhaustive list, below are my top ten rules or commandments for the civil litigation attorney.

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Monday, May 6, 2013

Too Long Or Not Long Enough: Workers’ Compensation and the Statute of Limitation in the State of Arkansas

by David L. Schneider, Esq.

When I was in law school, there was a professor who, when discussing a particularly thorny or difficult problem, would refer to it as being a "Serbonian Bog." In that pre-Google age, none of us knew what that was, but we were pretty sure that we didn't want to be in one (kind of like that class). But, whether you know what a Serbonian Bog is or not, anyone trying to figure out how long an injured worker has to file a workers' compensation claim in Arkansas will soon know what it is like to be in over their head.

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