Tuesday, December 30, 2014

When You Should Consider A Workers Compensation Attorney

Workers compensation is a form of insurance that provides for employees when they are injured on the job under certain circumstances. In order for an injury to qualify under a worker compensation claim it must generally meet a two-prong requirement. First the injury must have occurred at the place of employment and secondly the injury must be related to the work performed. An injury that occurs during an employees break or lunch period for example would not qualify since by the very nature of the timing the employee would have been off the clock and not performing a job related task.

If the first two prongs have been met the employee may still have a difficult time having their claim approved if the injury is the result of a cumulative action such as carpal tunnel syndrome or a lumbar back injury. These injuries can be harder to wholly prove based on a medical exam or x-rays and even harder to prove that they are the result of a workplace occupational injury.

In addition, employees who suffer from these cumulative injuries may not file a workers compensation claim in a timely manner and their injuries may be considered "suspect" and denied.

Since there are so many variants that can come into play with workers compensation claims it is necessary to understand how workers compensation works and when it is important to hire a workers compensation attorney to represent you and your claim. The most important step is to file your claim as soon as the injury occurs. The longer you wait to file, the more likely your claim will be red flagged as a potential false claim. Be prepared to have your employer contest your claim. It comes down to money and the more claims an employer has filed against them the more money it will ultimately cost them.

The insurance carrier will decide initially to either deny or approve your claim. If your claim is denied by the carrier, you will be able to appeal to the board or industrial commission. If they also deny the claim, you can take the claim to court for resolution. At any point in the process you can hire an attorney, but generally you will want an attorney if you are seriously injured or your compensation claim amount is not correct.

Your compensation generally should cover your lost wages up to a certain percentage as well as your medical expenses. If you feel you are not receiving the correct compensation or your medical coverage is denied, you may need an attorney to help correct the situation.

Finally if your employer retaliates or fires you for filing a workers compensation claim against them you will need an attorney to help you fight for your claim as well as your illegal firing.

For a workers compensation attorney Burnsville [http://www.johnsoninjuryattorney.com/work_injury_lawyer.html] is home to a professional with the expertise necessary to defend you. For more information, visit: [http://www.johnsoninjuryattorney.com/]
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Friday, December 26, 2014

A Family Law Attorney Makes Divorce A Lot Less Scary

No one wants to think about divorce until it's actually happening. In fact, probably one of the reasons it is so scary is that you don't know the laws designed to protect you. You may even know someone who has divorced, but you don't talk about it. If you do, it's probably about how it ended up and not the process itself. It's not surprising that so many people choose a family law attorney to help them navigate the system. So what does the system look like?

There is at fault and no fault divorce. All states allow a no fault divorce. Spouses must separate, however, and live apart for a period of time to qualify. An at fault divorce is only allowed in certain states. In this case, you must then prove that the spouse was cruel, committed adultery, deserted you, is in prison, or has an inability to have sex.

Can your spouse stop your divorce? Well, they can sure slow it down. A spouse can stop an at fault divorce, but generally if someone doesn't want to be married any longer, we don't make them stay married. That alone is grounds for divorce. There are so many factors to discuss in divorce: child support, spousal support and the division of property.

Who gets the house, and how to get your name off your spouse's truck loan are additional hurdles. Your family law attorney will no doubt advise you in this matter. Most states have a calculator to determine child support. Child support is based on what the child would have if the parents were together. This means that if Mom is a higher wage earner, then Mom may have to pay Dad. While there is a standardized calculator for spousal support, it is generally awarded case by case. Some things considered would be how long the marriage lasted, each partner's ability to pay, his or her work history and the overall income potential of each party. Was one person a homemaker? Is there a reasonable assumption that the party asking for support will be able to be self-sufficient at some point?

Now, how is child custody awarded? Thankfully the court doesn't get involved unless the parents or their family law attorneys can't come to an agreement on their own. Even more thankfully, when they do, they act in the best interest of the child. The court would consider one's financial ability to care for the child. They will consider who is the child's primary caretaker as well. The court will ask children as young as 12 for thoughts on which parent they would rather live with. They may even consider each parent's home and what it would mean for family support. When going through the uncertainty of divorce, there are many things that are scary, and determining where your children will live is the scariest for most parents.

Mostly remember when going through a divorce that a good family law attorney might be your best bet. It's a scary and emotional time for you. Having someone on your side who knows the ropes will take a lot of the fear away. Maybe you don't even have kids, but that doesn't make divorce any less scary or division of assets any less overwhelming.

Turn to the Centennial CO Family Law Attorney  the locals trust. Schedule a consultation with the experienced legal team at  http://www.cherylmillerlaw.com today.
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Tuesday, December 23, 2014

Know Your Rights Divorce Tips! - Family Law Attorney

Judges can accept or deny any formal plea heard before the court. This is called "Judge's Prerogative," which is defined as an exclusive right held by an individual or group, especially a hereditary or official right. The most noted prerogative power that affects the judicial system is the power to show mercy, which has two elements: the power to issue pardons, and the power of granting nolle prosequi ("be unwilling to pursue").

In contested divorce cases, however, exists perhaps the most frequent use of prerogative. For example, a family law attorney can file pretrial motions in which the judge exercises prerogative in determining the merits of judgment. In this case, it is wise to follow some simple "do's and don'ts" to ensure a more favorable judgment.

Negotiate Beforehand and Keep Demands Reasonable

It's amazing what judges will allow if all parties agree even when the agreements are not explicitly allowed under the law. In other words, if you do not alienate your soon to be ex and keep your demands reasonable, you are more likely to be awarded the things that are important to you. Pretrial "give and take" negotiations may be possible, however, but weighing intangibles such as pets and other personal belongings are of little interest to the court - work it out the peanuts beforehand!

Avoid Web Confessions

Although it may be therapeutic to publish your thoughts and feelings on the Internet, avoid posting anything about your case at all costs! When you proffer information for the world to see, guess who else can access it? Your spouse's attorney and anyone else whose job it is to collect evidence against you, such as a private investigator. Besides, such feelings are temporary and you don't want to risk damaging your character before court. Do yourself and your attorney a favor by staying offline when it comes to your feelings.

Be Transparent

Do not lie to your attorney or in court about anything. This includes lying about marital assets or failing a drug test. Be transparent no matter what. Getting caught in a lie makes it difficult for the judge to discern facts, and worse yet, from believing you even when what you say is true. Fight fair, stick to providing facts and avoid saying anything bad about your spouse. The manner in which you conduct yourself, the transparent litigant, is perhaps the best asset you have control over.

Court Is Not A Contest

Any family law attorney will attest to the fact that Court is not the place to wage a contest, for it is neither in the Court's interest to pick a winner nor does picking one fall within the scope of prerogative. The Court's job is to weigh the facts and adjudicate according to the facts, and that is it. It also important to note that in cases involving children, the child's best interest virtually guides all final decisions.

Pick Your Attorney(s) Carefully

The uncertainties that intrinsically come with navigating through legal mine fields can be easily mitigated by hiring the right attorney. You can't change what happened, pick the judge or change the law, but an experienced attorney can give you good advice in terms of what to expect and what's worth pursuing or not. As in most cases, it is good to rely on referrals; but in cases where that's not possible (e.g., life is perfect and nobody around you has ever needed or hired an attorney) it is always good to shop around and interview potential barristers. Just like any interview, go with your gut when making a decision after conducting interviews.

Picking the right family law attorney can be one of the most important decisions you'll ever make. Avoid malcreant Attorneys and stick with professionals who actually love what they do.

Going through a divorce? Get legal help from trusted professionals http://ssbc-law.com/team-members/lori-k-serratelli/
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Saturday, December 20, 2014

Workers Compensation Attorneys and the Big Myths

Workers compensation attorneys in every state exist to help employees maintain their rights when they are injured at the workplace. They are a necessity because, too often, these rights would be trampled by companies who want to mitigate lost profits at any cost. In a perfect situation, the laws are followed to the letter and an employee is properly taken care of following an injury. But we don't live in a perfect world, and sometimes litigation is the only way to stand up for your rights. Unfortunately, there are many misunderstandings surrounding the concept of injuries and lost wages. Here are some of the biggest myths.

Pre-Existing Injuries

One of the biggest excuses a company will use to deny coverage is the existence of a pre-existing injury. Let's say you hurt your knee in a car accident two years ago. Yesterday, you re-injured the knee while on the job. Does your coverage disappear just because the knee had been hurt in an unrelated incident years ago? Absolutely not. Workers compensation attorneys fight this myth on a daily basis and more than one employer has been pinched for trying to exploit what they perceive as a loophole. Blaming an injury obtained elsewhere on a workplace incident is fraud, but that doesn't mean that pre-existing injuries aggravated at the jobsite are to be thrown out unceremoniously.


Not all myths surrounding work related injuries turn out in favor of the employee. It is a common misconception that a worker who is injured is entitled to their full pay when forced to sit out from the job. This is not the case (unless, of course, it is written into your contract). For the most part, employees are entitled to 70% of their full pay while sitting out with an injury. It could be more than that, depending on where you live and what the limits are in your state. Workers compensation attorneys in your area will know the laws regarding income and will be able to advise you more specifically.

Getting Fired

This, again, is not always in the employee's favor. There is a common belief that an employer cannot fire the employee for getting injured on the job. This isn't always the case. In fact, if you were doing something against the rules of employment when you were hurt, you can expect to be fired. Of course, that doesn't mean you don't have a case. Worker's compensation attorneys encounter cases like this all the time, and there is often more to the story. Don't make assumptions about your rights. See a lawyer and make sure you know what you are and are not entitled to.

When looking for experienced workers compensation attorneys Athens GA residents should consider the trusted professionals at http://mcdonaldcodycook.com.
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Wednesday, December 17, 2014

Finding and Meeting With a Workers' Compensation Attorney

Getting injured on the job can be a traumatic situation. Workplace injuries can cause an injured worker not only to be seriously hurt but also create a financial hardship. Workers' compensation laws vary from state to state. As such, any person that has suffered a workplace injury should consult with a workers' compensation attorney.

Workers' compensation was designed to provide remedies for an employee that has been injured on the job. Injured employees may be entitled to receive medical care, lost time, and even permanent disability benefits. In return for assured benefits employees do not have the legal right to file a lawsuit for an award from the court.

Although injured employees give up their ability to sue their employer they still have the right to obtain workers' compensation. Not all employees injured on the job will be approved for workers' compensation benefits. If an employee is denied or does not receive benefits that are appropriate for their situation they have the right to an appeal. A worker's compensation attorney specializes in workers' compensation laws and they can help an injured worker fight and obtain benefits.

Any attorney can choose to practice in the area of workers' compensation law. However, an employee that has a workplace injury will want to find an attorney that is experienced in this area of law. One way to find a reputable and experienced workers' compensation attorney is through the state bar association. The bar association will can help in locating attorneys in good standing as well as those who specialize in certain areas of law.

You can also find a reputable workers' compensation attorney by checking your local yellow pages. Many attorneys advertise in the yellow pages and this will give you a good starting point in locating a number of candidates. Attorneys that advertise in the yellow pages generally highlight their specific area of law so this is also a good way to narrow your search for an attorney who practices specific aspect of law.

Once you have selected a few candidates you will want to do an evaluation during your initial consultation that will help determine your selection. Your evaluation of the workers' compensation attorney should be based on a few factors. These factors are how well the attorney listens, their understanding of your situation, explanation of law as it applies to your case explained in laymen's terms, and your level of confidence in their representation of you.

You may also want to ask for references so that you can evaluate the workers' compensation attorney's work on previous cases. Former or current clients are good sources of references but attorneys may be reluctant to divulge client information because of its confidential nature. The next best sources of references are other attorneys.

It is extremely important to be prepared for your initial consultation with the workers' compensation attorney. It may be wise to prepare a summary of the facts and events surrounding your injury in chronological order before your consultation. The summary should include important information such as the date of your accident, exact name/address of employer, and details of your injury.
You may also want to bring any medical records, employee handbook, and if possible any witness statements. This will help your meeting go smoothly and also help in selecting a workers' compensation attorney.

For more information on finding the right general practice lawyers and to access more resources on workers comp attorneys visit our site today.
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Sunday, December 14, 2014

Tips About Child Custody Terminology

If you are separating from your partner, then you may be forced to enter into a battle for child custody or forced to fight for fair child visitation rights. The world of family law can be filled with confusing, technical terminology, but it is important that you learn the meaning of some of these terms, so that you can develop a proper understanding of what is going on with your family.

Legal Custody

Legal custody refers to the right to make legal decisions on behalf of your child. These decisions can include things like where the child goes to school, what medical care your child receives, what religion they practice and other decisions regarding their personal assets.

Joint Legal Custody

When parents have joint custody over a child, both parents (or two different people who have a relationship to the child) have equal rights to make decisions for their child. Any major decisions taken for the child should be agreed on by both custodians.

Sole Legal Custody

If one partner is given sole custody, they are given full power over the rights of the child. Whilst child visitation rights may be granted, the other parent does not have legal influence over the upbringing of the child, or the child's legal assets.

Physical custody

Physical custody refers to the right to have the child live with you are your residence. A person with child custody must ensure that the child is adequately housed. It is possible to have sole physical custody of a child or joint physical custody. In cases of joint physical custody, both parents must ensure that the child is adequately provided for. Even if you do not have custody of your child, you may be given the right to visit your child.


Mediation refers to the attempts which are made to come to an arrangement. Mediation sessions usually involve a neutral third party, who will seek to assess the facts of the case, whilst working with yourself and your solicitors to come to an arrangement which is suitable for all parties. Mediation sessions will always consider the needs of the children involved. This may have been arranged privately or through family courts.

Custody Arrangement

The custody arrangement is the agreement which is ultimately reached between all parties, relating to the legal and physical custody of the child. Because these arrangements are created based on elements which were negotiated during the mediation process, each family will have their own unique custody arrangement. As well as details of legal and physical custody, the arrangement may include a child visitation schedule, a vacation schedule, a schedule of festivities and holidays, and any other specific stipulations which may have been decided on. If the mediation has been formal and arranged through the courts, this custody arrangement will be subject to a court order.

Contempt of Court

If either party breaks the Court Order, they are said to be in Contempt of Court, and a family law judge may take action against that party.

Whilst child custody and child visitation rights can be a confusing issue, if you hire a professional family lawyer, they should be able to guide you. You can get more information from child custody in Orange County and child visitation in Orange County.
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Thursday, December 11, 2014

How Long Can You Stay on Workers Comp?

The last thing you expect when you go into work in the morning is an injury. No matter if you work in an office, on a construction site, or in a restaurant, every job carries some level of risk. Should you become injured while on the job, you may qualify to receive Workers Comp. Workers Comp allows you some financial compensation while you recover from your injury if you have to miss work. Depending on the severity of your accident, you may receive money to help pay bills and other essentials while you remain at home. How long, though, can you remain collecting such benefits?

The amount of time you may continue to receive Workers Comp benefits, naturally, depends on a number of factors. Because this program is regulated state by state, terms will vary depending on where you live. When you first come to work and receive orientation, your Human Resources manager should explain to you what the laws are regarding work injury at your new place of business.

Let's say you are hurt while on the job, and you qualify for WC benefits. How long will you receive them while you are out of the workplace? The answer depends primarily on your condition and recovery time. Your employer will not let you come back to work unless a doctor verifies that you are capable of returning to your regular duties. Until you receive the green light, you may continue to receive WC payments. It could take weeks, months, or even a year or more for you to full recover. However, if your employer has the means to put you in a different position - light or simple office duty, for example - you may come back to work and still receive benefits. Again, this depends on the laws where you live.

Can you be fired or laid off while you are on medical leave? It is possible. If you are injured at work and receive Worker's Comp, your company is not obligated to hold your job for you. A doctor can examine you and proclaim that your injuries will not allow you to return to your original job. Your employer, therefore, can decide if he wishes to dismiss you or find something else to do within the company. Bear in mind, though, that the status of your job should not affect your comp claim. You may continue to receive benefits while you find a more suitable position, but you definitely want to consult with somebody who can help you through this time.

Getting in touch with an attorney who specializes in personal injury law can help you figure out what you need to do when you are hurt, and how to reclaim employment.

Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury law and Maryland personal injury law.
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Monday, December 8, 2014

Re-Opening a Prior Social Security Disability Benefits Claim

There are a number of reasons why a claimant should hire a Social Security disability attorney to help with a disability benefits claim. The more common reasons include but are not limited to: no up front fees, free consultations, gathering medical records, dealing with Social Security, and arguing in front of an Administrative Law Judge. One of the rarely talked about, yet very important reasons for hiring a disability lawyer is their ability to "re-open" prior claims.

What does it mean to re-open a prior claim?

The Social Security Administration (SSA) routinely denies disability claims. In fact, at the initial application level it can seem as though SSA is only approving claimants that are on the verge of death. Since so many people are denied, many claimants are second, third, or fourth time applicants. If your claim was denied at the Disability Determination Services (DDS) level (where the initial determination is made) and was not appealed, a disability lawyer may be able to "re-open" your prior denial without having to start from square one. The advantages of this specific method are plentiful. Re-opening a prior claim can result in more benefits, speeding up the process, and less documents back and forth.

Re-opening prior Social Security disability claims is governed by 20 C.F.R. 404.988, which can be found on the government website. While there are a number of ways a disability attorney can re-open a prior claim, one of the more straight-forward options is to do so within 12 months of the date listed on the initial determination, for any reason. There should be an emphasis on for any reason.

The second way a prior claim can be re-opened is if it is within four years of the date of notice of the initial determination and if there is "good case". Good cause is defined in 20 C.F.R. 404.989:

1) New and material evidence is furnished

2) A clerical error in the computation or recomputation of benefits was made; or

3) The evidence that was considered in making the determination or decision clearly shows on its face an error was made

Good cause for re-opening a case does not exist when the only reason is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

There are many other ways that a case can get re-opened. If you have previously been denied disability benefits, you may have the option of re-opening the case rather then starting a new. It should also be noted that it is important to know whether you had originally applied for SSDI or SSI when you speak with a disability lawyer. Re-opening prior claims is one overlooked yet very important way a disability attorney can help you with your claim

Aaron Rifkind is a writer and attorney for Social Security Defenders LLC, who enjoys offering informational resources to the public. For more information on on Social Security disability benefits, feel free to contact Social Security Defenders LLC at http://socialsecuritydefenders.com.
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Friday, December 5, 2014

Hire a Good Workers Compensation Attorney and Let Them Secure Your Benefits

With all of the challenges that many people are facing when they are trying to apply and get approved for certain entitlements, you can't afford to lose your right to be compensated for your workplace injury. Even though the accident may truly have been something that was beyond your control, you need to hire a workers compensation attorney to fight for your rights. It doesn't matter how good your employer has been to you, the moment you file a claim, they will do everything in their power to avoid having to pay you a dime. It is not your fault that you were hurt, nor is it fair for you to try and have to figure out how your bills are going to get paid. You earned and paid for the right to get your claim approved.

It doesn't really matter what step you are in, all that matters is that you take the time to find a good workers compensation attorney. You can't afford to take chances and let a corporation take away what you're entitled to. With so many business and employers reducing the amount of benefits and coverage they offer to their employees, you shouldn't be so naïve as to assume that they are genuinely invested in your wellbeing or livelihood; any dime they have to pay to you comes out of the insurance they already have. It doesn't really come out of their pocket at all. But you being injured as a result of a workplace injury does affect your finances if you are not able to work as a result of it.

The earlier in your situation that you hire a good workers compensation attorney, the sooner you will be able to receive what you are entitled to. You could end up having the amount you are entitled to reduced or end up getting denied if you don't. Why put yourself through all of the stress, and hassles if you don't have to? Believe it or not, just because there is proof that you were injured on the job doesn't mean that you will automatically be approved for benefits. There are other criteria that have to be met and if your employer decides to dispute anything, you could be looking at a long uphill battle.

Regardless of your situation and how you feel, do yourself a favor and hire a workers compensation attorney that has a great deal of experience in winning for their clients. Take a look at the statistics and you will be able to see that people who hire the right kind of legal representation for their claims have a much higher percentage for getting their claims approved and their benefits paid to them. You can't keep wasting time thinking that things will turn out right. Hire an attorney and know for certain that they will take care of things.

If you're interested in hiring a workers compensation attorney, Gettysburg, PA, has Freeburn & Hamilton to help. To learn more about their services, don't hesitate to visit http://www.pa-injurylawyer.com/gettysburg.
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Tuesday, December 2, 2014

How To Find The Best Family Attorney To Handle Your Divorce

If you are considering a divorce, you may be at a loss about how to find the best family attorneys. If you haven't used any before, you might not even now where to look or how to choose one. The decision is a big one, because you will likely spend a lot of time and money with the finalist. Finding the right attorney to represent you in your divorce is worth a bit of time spent researching, so the divorce can go as smoothly as possible and you can move on with your life.

The first step in the search for best family attorneys is to ask family and friends in the area if they have suggestions. Be sure to ask what they did and did not like about working with the person they suggest. Using the people you know and trust as a resource could help you find a person with whom you can feel comfortable sharing all of the personal details of a divorce. If the list from those you know is too short, you could do a quick Internet search for qualified attorneys in the area.

The next step is to reduce your list to two or three options on a short list for best family attorneys. Remember that some of the suggestions made by friends might not be attorneys skilled in divorce, or in your particular needs. Just because your best friend's cousin is a lawyer doesn't mean you need to use them. The most important thing is to find someone that is a good fit and is highly skilled. It is also a plus if they are local. This means they likely know the area judges, local customs and procedures, as well as the other attorneys in the area, so processes can go more smoothly.

Once the short list of best family attorneys is ready, it is time to set up interviews with the finalists. Attorneys are typically paid by the hour, but a complimentary introduction meeting is standard in the business, so you can interview them and be sure you want to hire them. Before you go, make a list of questions or discussion topics. You'll want to discuss your personal situation and make sure they have successful experience working with someone in your position.

Consider how many children you have, the total assets you have on your own and with your spouse, and how well you and your spouse currently get along. You'll also probably need to bring some paperwork, so ask the attorney what they need ahead of time, so you are able to get everything together. This is also the time to talk about fee structures. Be sure to ask them for a complete schedule, so you will now how much the divorce will cost you.

Make notes about all of their replies and keep them together in a file, for your reference. Once you have met with everyone and have information about their personalities, how comfortable you were with them, their experience in your kind of divorce, and what they will charge, you can make an educated decision. Then, you can proceed with the divorce and with your life with confidence.

If you would like to learn more about best family attorneys in Houston, visit KoonsFuller. http://www.koonsfuller.com/
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