Injuries are often unavoidable, particularly in the workplace. Something as small as hitting your head or tripping over something on the floor can cause a disabling injury. Although they may be unavoidable, you may be entitled to compensation, especially if the accident left you with a long-term disability.
You may be entitled to workers’ compensation if the accident or injury happened at work. You may also be eligible for long term disability benefits if you are a participant in your company’s group long term disability plan. Keep in mind, though, that applying for long-term disability benefits might not be an easy process. Most of the time, an employer’s insurance policy may be subject to ERISA, and the rules for applying for benefits are often complex and unforgiving. To handle these disabilities in an appropriate manner, be sure to do these steps first.
We live in a world today where there are all kinds of products on the market. Unfortunately, not all of them are created equal. Some of them may be defective, and may have caused harm to you or one of your family members.
If this has happened to you, it’s important to act fast and remember these steps to take. They will help you deal with the manufacturer of that defective product correctly.
Report the Incident Quickly
After getting injured by a product, whether it was a car part or a toy or some other object, you need to document the accident as quickly as possible. Failing to do so could cause you to lose your recollection of what happened and how the injury occurred. Worse, it might appear that you are making the claim up just to try to gain an illigitimate settlement, which could result in legal trouble if you are not careful.
Accidents in the workplace happen more often than you think. The next thing you know, you might be the next victim. Under the law, you are entitled to compensation for all the costs you had to pay as part of your recovery.
Knowing what steps to take can avoid unnecessary delays and other potential issues when looking to receive fair compensation for injuries sustained due to possible negligence of another party.
Write Down What Happened
Reduce inconsistencies by writing down what happened or recording your account on video. File a police report to further ensure that there’s a record of your version of what occurred.
Get Visual Evidence
Visual evidence should include photos of your injuries along with pictures or video footage of the location where the injury occurred. An attorney can help you secure any footage that may have been captured by bystanders.
Track Medical Expenses
Even if your health insurance may cover most of your expenses, it’s important to track immediate costs. Related expenses can be determined later with assistance from an attorney.
Identify Potential Witnesses
Witnesses may be reluctant to come forward, so get as much contact information as you can from anyone who may have observed your injury. You’ll get help from an attorney with any witness interviews and statements.
Keep in mind that there is a statute of limitations, or deadline, for filing a personal injury claim in Massachusetts, which is usually three years from the time of injury.
When you need to apply for long term disability, the formal process takes some time, especially if the Massachusetts court adjudicators are backed up. While the process varies based upon your employer and medical situation, you can expect it to take up to 6 months. Your disability lawyer can help you understand the disability adjudication process and may be able to help you with any appeals or paperwork submissions that you need to do for your case.
Determination of Disability
The first task of a disability claim adjudicator is to determine whether or not you are completely disabled. The adjudicator is typically a physician or a team of nurses and physicians. The adjudicator may take into account your physical limitations and how they relate to the type of work you do.
Determination of the Benefit Period
The adjudicator must also determine the disability benefit period. In Massachusetts, most people can continue to receive long-term disability benefits until they reach the age of 62. After this, social security benefits take over the disability payments.
Determination of the Qualifying Period
Another task of a disability claims adjudicator is to determine the qualifying period for your disability. Most long-term disability claims require that you will be permanently and completely disabled for more than one year and that you are incapable of doing paid work. The adjudicator may consider time periods when you had a partial disability.
When the need to file a personal injury claim, long-term disability claim or a worker’s compensation claim arises, you may not be in the best position to negotiate with insurance companies directly. Whether it’s your poor health or lack of familiarity in the field, you may not feel comfortable taking on that added stress.
Hiring a lawyer will always give you the best shot at getting the compensation you deserve. Here are a few things your lawyers want you to know before starting your claim.
Most Cases Don’t Make It To Court
The majority of successful claims never make it to court. This is because your lawyer will have negotiated a settlement that is acceptable to you and agreed to by the other party, whether it be an insurance company or the opposing side, long before the need for a trial arises.
Liability May Be Disputed
Many litigants aren’t prepared for this chance, but in many cases, the first line of defense is to dispute liability. Your lawyer will help you gather the evidence you need to demonstrate that the other side is indeed at fault, or that your claim is indeed valid.
Your Insurance Company May Not Pay
In some cases, even when liability is clear or the claim is clearly valid, the insurance company will not pay. This is a normal part of the litigation process, and your lawyer will ensure that liability is clearly demonstrated, often without needed to put you through the added stress.
If you drive a motorcycle, you are prone to all sorts of dangers on the road. A lot can go wrong while you’re on the road, and you’re particularly at risk of acquiring serious physical injuries.
To deal with any injuries from a motorcycle accident that was not your fault, consider seeking legal help, especially if you plan on pursuing a suit against a particular party or insurer.
Avoid Further Danger
After the accident has occurred, you need to do everything possible to avoid further danger. If you can, move your motorcycle off to the side of the road so that oncoming drivers don’t hit it. This helps you protect the lives of other people as well as yourself.
After an accident, your adrenaline may be higher than it has ever been. This could cause you to react aggressively towards anyone you think may have caused your crash.
Suffering a severe injury may mean losing the ability to continue working and earning a living. This can cause you a lot of stress if you are used to working and especially if you have to provide for a family. Fortunately, you may be able to seek long term disability benefits if you are a participant in your company’s long term disability plan and use them as a financial aid in paying for medical bills, monthly bills and other costs.
The process of filing for long term disability may seem a little complicated at first, but it does not have to be if you are proactive and consider these steps, which will help you receive this type of disability benefit as quickly as possible.