
Workers’ Compensation
Workers’ Compensation laws were created to make sure that employees who are injured on the job are provided with fixed reimbursements. This takes away the need for litigation and creates an easier process for the employee. In addition, it helps control the financial risks for employers since many states place a limit to the recovered amount an injured employee can receive from an employer.
Workers' Compensation is actually an insurance that the employer is required by law to have in case an employee is injured while working/on the job, becomes temporarily/permanently disabled, becomes ill due to circumstances surrounding their job, or even if an unfortunate death results from their job. It’s mandatory that all employers who have 4 or more employees working part-time or full-time provide workers' compensation insurance.
Although state to state workers’ compensation laws vary, medical care that would be covered generally includes:
- Medical
- Surgical and Hospital Services
- Dental Services
- Crutches
- Hearing Aids
- Chiropractic Treatment
- Physical Therapy
- Nursing Care
- Prescribed Medications
Personal Injury
Personal Injury involves civil law cases where you are trying to obtain compensation for an injury you sustained. Physical injuries could arise from an automobile accident, a railroad accident, airline or other common carrier accident, a construction or other workplace accident. Personal injuries don't necessarily have to be physical—they could be psychological too.
Psychological injuries are typically caused by psychological trauma associated with life-threatening and/or disfiguring physical injuries or witnessing/experiencing a traumatic event. Before you can collect an award, your personal injury lawyer will have to prove that the defendant is liable due to negligence.
Victims are entitled to recover financial damages for all losses and expenses they go through as the result of an accident. Damages may include:
- Medical Bills
- Lost Wages
- Pain & Suffering
- Physical Disability
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Mental Disability
- Property Damage
- All out of pocket expenses (transportation charges, house cleaning, etc.)
Social Security Disability Claims & Appeals
Generally, if a person has a physical or mental disability that causes them to have the inability to do any kind of work for which he/she is capable of and the disability is expected to either last for at least one year or to the unfortunate result of death, then this person will be recognized as disabled for Social Security reasons.
Social Security administers separate disability benefits into four programs:
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
- Disabled Adult Child Benefits (DAC)
- Disabled Widows and Widowers Benefits (DWB)
The medical requirements to prove your disability as well as the disability determination process, are the same for each of these programs.
Most people are denied after the first application. It is very important to appeal that denial within sixty days by filing a "Request for Reconsideration." The Request for Reconsideration will usually also result in a denial, but within sixty days of that second denial you must request a hearing before an administrative law judge. This is also the point in which you should seek an attorney.
At the Law Office of Michael J. MacDonald, we can assist you in presenting your case to the judge and getting your request approved. Call us today!
Serving Orange, Seminole, Osceola, Volusia and Lake Counties
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