Monday, August 29, 2016

Get a Workers Compensation Lawyer on Your Side

Workers compensation is an insurance program required by a state to reimburse workers for medical costs and loss of wages that may occur if they are injured on the job. Under the law, employers must carry a workers compensation insurance policy that provides benefits to workers who become disabled due to illness or an accident sustained in the course of performing their job. Unfortunately, as is the case in most states, these laws can be complex and often times confusing. This is where a lawyer can help. An attorney should be contacted as soon as possible after you are injured.

For example, the law requires that a sick or injured worker notify their employer of an injury within a specified period after an accident or an injury has occurred. Since you could be in the hospital during the notification period, it may be difficult to notify the proper employer personnel within the allotted time. If notification is not made on time, benefits can be denied. Your attorney work with you at this critical time ensure that you properly show that were injured performing your job, that proper notification is made and documents are collected for submittal to the insurance carrier. Similarly, if you are an independent contractor, a workers compensation attorney can help you determine your legal eligibility for compensation under the law.

Once the employer has been properly notified, the employer notifies the proper state departments and also the workmans compensation insurance carrier. While benefits should start at this time, for a variety of reasons, the compensation carrier may reject the worker's claim. In such cases, again, it is in your best interest to contact a lawyer. They are experts in the field of workers compensation and will represent you before the state entities and the insurance company to ensure that you receive the compensation to which you are legally entitled.

In another area, depending on your situation, you may be eligible for social security disability benefits while also receiving workers compensation. Your attorney and his/her associates can help you determine if you are also eligible to receive both benefits, and if so, provide the service you need to efficiently claim both benefits. Since these two disability programs are not related, navigating through both of them requires an attorney or law firm with expertise in both programs. It is vital that you choose a firm or an attorney that specializes in both programs to be sure that you have comprehensive representation.

Workers compensation is a complex area of the law and multiple benefit programs can be applied depending upon your situation. Should you become injured on the job, lawyers are there to be your advocate and help you obtain the benefits you legally deserve.

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Friday, August 26, 2016

When To Hire A Family Law Attorney

Family is what binds us, by heredity and by love. Sometimes families break up; sometimes families just need something in writing to ensure that their loved ones are protected. And, with the family structure constantly evolving, more and more people are seeking legal protection and advice to empower their lives. Family law is a diverse set of laws that work with many of the issues that families are now dealing with. The law covers issues dealing with marriage, custody, wills and estates, and domestic violence. Here are a few situations that require a family law attorney.


Prenuptial and postnuptial agreements are terms set out by both parties prior to marriage detailing what each person has and can leave with should the marriage end. Reconciliation is a part of family law that seeks to help both parties find common ground on making the marriage better. If reconciliation does not work, many couples file for divorce. In most states, there are grounds for which divorce will be granted, including adultery, imprisonment, domestic violence, and irreconcilable differences. Many laws also deal with civil unions between same-sex couples as well as couples who may not want a traditional marriage.


Custody issues generally necessitate an attorney. There are usually two types of custody: joint and sole. Joint custody is when both parents share equal time with the child. Sole custody is custody granted to one parent. In some cases, though, the custodial parent needs permission from the non-custodial parent and the court to do things like move to another state. Custody also includes children in the foster care system, as well as guardianship. The court helps to decide what is best for the child based on certain criteria.

Wills and Estates

A will is a legal document created by an individual to state his or her wishes in regards to property and/or other assets. To ensure that your wishes will be upheld after your death, it is important to seek the advice of a legal representative when drafting your will. There are three types of wills: last will and testament, living trust, and living will. A last will grants last wishes to beneficiaries, including property, last wishes of the individual, and guardianship of minor children. Not having a last will means that the court can make decisions on your behalf. A living trust transfers property to beneficiaries. Unlike a last will, a probate court does not have to acknowledge it. It can be dragged out in court for years, costing you high attorney and court fees. A living will deals with health-related issues, including life support and power of attorney over health care decisions.

Domestic Violence

Domestic violence negatively affects everyone. Abuse is never okay. Domestic violence laws are in place to protect women and men, young and old, regardless of socioeconomic status. They also protect those who are falsely accused of domestic violence. Family lawyers help access restraining orders, secure residence, and defend the wrongly accused.

Legal issues, even seemingly easy ones, can be scary. Protecting yourself and your family is very important. It is important to pick an attorney that is reputable, empathetic, and can guide you through the legal system.

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Thursday, August 25, 2016

Social Security Disability Application Denied! Do I Need to Hire an Attorney?

Whether or not you hire an attorney for your appeal is entirely up to you. While you can go it alone, statistics show that people who are represented by attorneys have been more successful and are awarded benefits more often than those who represent themselves. Before you make this very important decision, take the time to consider how an attorney might benefit you.
Medical Background - a lawyer with a medical background will prove to be an invaluable resource for you in your quest for Social Security disability benefits. If you are like most people, you may find that trying to read a medical record is like trying to read a foreign language. If you hire an attorney with medical experience, she will be able to explain your records to you and help you understand their relationship to your disability claim.
Litigation Experience- a lawyer with litigation experience will properly prepare you to testify at your hearing, make oral arguments on your behalf at the hearing and cross-examine any adverse witnesses offering testimony. Also, the right lawyer will protect your right to a fair hearing by objecting to improper evidence and procedures.
Gathering Medical Evidence- a lawyer will take care of ordering and reviewing all your medical records and gathering other important evidence.
Communication with Treating Doctors- a lawyer will contact your doctors to obtain reports on your behalf that are consistent with SSA regulations.
Referral to Additional Doctors or Specialists - a lawyer will have the appropriate knowledge and contacts to refer you to additional physicians if necessary for your treatment.
Communication with the Social Security Administration- a lawyer will handle all communication with the SSA regarding your claim including obtaining documents from your file, requesting that a prior application for benefits be reopened, seeking time limit waivers, requests for vocational expert examinations, requests for consultative examinations, etc.
If Necessary, Represent You in a Federal Court Review of Your Case- an attorney can represent you in a federal court review of the case if necessary and agreed upon. An experienced attorney will know how to structure the appeal to give you the best chance of obtaining benefits.
No Attorney Fees Unless Benefits Awarded on Claim- you may think that you can't afford to hire a lawyer to help you with your claim. The good news is that lawyers who handle disability claims work on a contingency basis. This means that you pay the lawyer nothing unless your claim is won. Additionally, the there is a cap on the fee an attorney can charge and all fees must be approved by the SSA.
If you cannot work because of a medical condition and have been denied Social Security disability benefits, you are probably feeling discouraged and exhausted. Now is not the time to give up! Many disability claims are denied originally and then won on appeal. Once you have been denied benefits, you have a limited time request a hearing before an administrative law judge. If you decide to hire an attorney to represent you, the sooner you do it the better. It is very important to arrange for representation as early as possible to give your attorney time to prepare for your hearing.
Whatever route you decide to take, keep your chin up and good luck with your Appeal!

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Saturday, August 20, 2016

Why Do I Need A Workers Compensation Lawyer?

Workers compensation law can be extremely complicated. This is a specialized area and locating a lawyer to handle this case might be somewhat difficult as well. However, it will best to find a professional lawyer who specializes in this complicated area of law in order to get maximum benefits if you are injured on the job.
Many companies try to find ways to stop you from getting maximum claims and will hire top-notch attorneys. Whilst it seems unjust, this is the unfortunate fact. However, in the event that you are denied any settlement, you have the legal right to appeal. In most states, you have fourteen days to file an appeal to fight the denied claim.
In this case, you have to need a worker's compensation lawyer to file a motion in order to compel the insurance provider to assess your case and also to acknowledge or reject it depending on the merits. A lawyer will assist you to get around any red tape to secure your financial future and also that you are not injured whatsoever by the workplace accident.
Apart from assisting you to file the appeal, a lawyer can help with the investigation of the accident. The attorney will need to be certain that this accident really happened on their premises and also that it will involve an investigation. It is important to ensure that your rights will be protected.
Since your employer will have a team of attorneys working for them, you have to find the best legal representation to ensure that you get everything that you need and also that you are secured financially. The lawyer who you choose to handle your workers compensation case should be an expert in this field and will also offer you one on one service while dealing the different aspects of the case. The difference that this could make in the overall outcome of the case will be more than worth in the amount that you have to pay for attorney's fee.

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Wednesday, August 17, 2016

Characteristics Your Divorce Attorney Should Possess

Divorce can be a long, tedious process and unless you are in mutual agreement with your spouse, you will need the assistance of a divorce attorney. He or she uses family laws to guide you through the process and works hard to ensure that the decisions made in the divorce case are in your favor as much as possible. This makes it very important to select a divorce attorney that you can trust to handle your case with all professionalism. Several characteristics make a good and reliable divorce attorney and they are what you should look for when making your selection.
1. Qualification
It's only by getting relevant training that he will be familiar with divorce and family laws to be able to help your case best way possible. Apart from being trained and qualified he should have a license to practice too. Still under qualification, it is important for him to be a member of relevant law societies and at least have references from senior lawyers, judges, testimonials from previous clients and an impressive practice history.
2. Experience
Academic qualification is not enough. A good divorce attorney should at least have some experience in handling legal cases of all types to be confident enough to handle yours and meet your expectations. One who has handled child custody, property distribution, and alimony as well as divorce cases successfully in the past is better placed to handle your case smoothly. The wider and longer the experience the easier the divorce cases tend to be for them.
3. Communication skills
A divorce attorney can be qualified and experienced, but without proper communication skills, then it will be very hard to settle anything successfully. A reliable one is able to clearly communicate needs, expectations and concerns of the client to the presiding judge and other parties involved in the process. Skillful communication can make a huge difference in a case and can lead to quick settlements of issues that are related to the case easing the process for you.
4. Composure
This is another very important characteristic that your divorce attorney should have to fetch you the results that you expect from your divorce case. Divorce cases can plunge into extreme crisis, but that should not in any way scare the lawyer. A divorce attorney who knows how to maintain composure and calm even in the heated situations will always manage to negotiate or argue the case even if he loses in the end. They should remain professional, regardless of the turn the case takes.
5. Case building skills
The way your divorce attorney builds the divorce case largely determines the results that you are likely to get. Mediation and negotiations are some of the methods he can use to settle asset allocation, but there should be back-plans ready and waiting in case the first approach doesn't work. This is the only way to keep nasty surprises at bay and manage the case appropriately to the end.

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Sunday, August 14, 2016

Social Security Disability Benefits Are Not Just for Seniors

Millions watched as Farrah star of the show, "Teen Mom" struggled to claim Social Security benefits for her daughter on behalf of the deceased father. Until she contacted an attorney, Farrah was unaware that her daughter could collect these benefits. Don't make the same mistake! Social Security isn't just for senior citizens. Social security is designed to cover a wide range of troubles.
Here are some less-known ways that you or your family may be entitled to benefits:
Family benefits: If you've been granted Social Security disability benefits, your children could be entitled to family benefits. They must be minor children still residing in your home, or under special circumstances, older but attend school or college.
Widow benefits: If you're a widow or widower and unable to work because of a disability, you may be eligible for certain benefits.
Supplemental Security Income: If you haven't worked long enough to be insured, you could be eligible for Supplemental Security Income. Most often, Supplemental Security Income applies to stay-at-home moms, younger people, and those who have just gone through a divorce without having the opportunity to work. Like Social Security disability, there is a test you have to take and you must provide medical proof.
Mental disorders: Many people suffer from depression. Let's be honest - mental disorders can be just as troubling as the physical ones. It can impair your ability to focus on tasks and remember procedures that are necessary for you to do your job. If you suffer from depression, anxiety or another mental disorder and it's debilitating enough, you could be entitled to benefits. You could also receive benefits if you have post traumatic stress syndrome or postpartum depression.
Neurological disability: Neurological conditions such as epilepsy, multiple sclerosis, or a stroke could limit your ability to function in a regular 9-5 position. A person with such disorders might struggle to perform seemingly simple tasks like grasping a pen or speaking into the phone, which would make the search for just the right job that much tougher.
If one of these sounds like you, look into receiving Social Security benefits or hiring an attorney to find out what benefits you're entitled to. It's only a phone call away!

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Thursday, August 11, 2016

Workers' Compensation Law 101: The Basics

There are a lot of complicated and confusing legal terms that get tossed around when talking about workers' compensation. The in-depth meaning of terms like actuarial computation, double indemnity, earning capacity, and statutory benefits is not really necessary information that you have to master when seeking compensation for a work-related injury.
However, you should find lawyer who not only understands these concepts, but can put them to use in your case and win the trial.
Although you can let your attorney handle the legal procedures, gathering evidence, and completing all the details, it is important that you at least have a basic understanding of what workers' compensation law is and what situations it applies to.
Workers' compensation law is a legal system wherein an employer must pay, or provide insurance to, employees who incur injuries on the job. This system is set in place to provide injured workers with:
  • Compensation for lost wages and time at work
  • Compensation of medical expenses and recovery from the injury
  • Career rehabilitation services
  • Temporary job for the victim to do until they heal
  • Benefits to dependants (in the case of death)
The goal of workers' compensation law is to provide the safest, healthiest, and fasted road to recovery for an injured worker, so they can get back to performing at the same level they were before the incident, and support themselves and their family.
Workers' comp law also functions to protect employers and businesses from suffering massive losses in expensive lawsuits. Rather than going through lengthy and costly court proceedings, most workers' comp cases are solved in an administrative tribunal, which gets the employee back to work sooner, and lessens the risk (and cost) of the company being sued.
Interestingly, workers' compensation is one of the only legal areas in which negligence does not play an important role. In other personal injury cases, victims must first prove that the defendant is at fault for the damage because of their negligence.
However, in workers' compensation law, whether it was the employee or the employer's negligence that caused the injury is irrelevant. If a worker get's hurt on the job, then he or she is entitled to compensation. It may not matter who is at fault or behaved incorrectly, which is why almost all businesses are required to carry insurance.
Of course, making a successful workers' comp claim is not as cut and dry as it might seem.
In many workers' compensation cases, insurance companies try to "bully" victims into accepting an insufficient settlement or low offer. They do this by arguing that the injury was preexisting, did not occur because of work, or listing the medical expenses much cheaper than they really are.
Although insurance companies are paid by employers to cover the costs of an injured worker, they employ sneaky tactics to find loopholes in the system, which is why you need a lawyer who specializes in work-related injuries to represent you in front of big insurance players.
An expert workers' compensation attorney knows how to take on insurance companies and is comfortable with the ins and outs of workers' compensation law. Learn more about workers' compensation law by consulting a qualified lawyer today.

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Monday, August 8, 2016

Why You Need a Divorce Attorney

Nobody asks for a divorce. Divorce is a rough time for anybody. When a person repeats the vow, "till death do us part," we never expect to have to deal with a separation. Although, because of certain life circumstances, divorce does find its way into our lives and we must deal. In order to get through the difficult process of divorce, it is necessary to have a divorce attorney.
If you aren't familiar with the legalities of a divorce or the legal system itself, a divorce attorney will walk you through it. Since divorce can be such a sensitive situation, surprisingly, they can make a good shoulder to lean on. They will give you advice on your rights and how to handle the situation as quickly as possible.
Divorces shouldn't be long and carried out slowly. Both parties usually want a clean break and a chance to move on from the hurt and anger. An attorney will keep the situation professional and help take care of important issues such as custody arrangements, assets and debt responsibilities. The divorce attorney takes care important paper-work and will do their best to give the client a fair fight.
If you are on a limited budget, you can still find an effective attorney. While some divorce attorneys can be quite expensive because of their high reputation, you can still find one that you can afford or an attorney who is willing to make payment arrangements with you. To find a reliable divorce attorney, it is important to do your research. Speak with others who have used the attorney's services or learn about what their practices are in the courtroom. If finances are keeping you from finding a dependable divorce attorney, research legal services that are available for low-income families and individuals.
It is hard to create a good case for your divorce without an attorney. If you try to approach a divorce without one, your case won't have a successful turn-out. Without one, you could lose everything or end up paying out more than you anticipated. Don't rush into the process of finding a dependable divorce attorney. Take your time so that you feel comfortable when you enter the courtroom. Most lawyers will offer a free consultation. If you are trying to choose between multiple lawyers, take advantage of the consultation so that you can find an attorney who understands your case.
Don't ever try to approach a divorce without an attorney. A divorce attorney will help you navigate through the legal system and assist you with any problems or questions along the way. Their goal is to help you win your case. You shouldn't ever have to doubt your attorney-and if you do-then he isn't the right one for you.
If divorce has entered your life, be patient. No divorce is meant to be pleasant, but with a divorce attorney, they will help you ease your way through the case. With somebody at your side, the situation will be less stressful.

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Friday, August 5, 2016

Choosing a Social Security Disability Attorney

Choosing a social security disability attorney is much like choosing an attorney to represent you in any legal matter, in that you will find that not all are created equal. The level of experience, competence, ethics, egotism, etc., varies, and it's best to keep consulting different attorneys until you find one with whom you are comfortable.

When choosing a lawyer to represent your disability claim, look for an attorney who will:

A) Keep you informed of your claim status in a timely manner. An attorney that doesn't return your calls or is rarely or never available to answer your questions is not showing respect for your concerns, and is most likely not going to be a strong advocate for your case.

B) Keep up with all paperwork in your case. This is, after all, one of the main benefits of having an attorney represent you. Your attorney should ensure that the state disability examiner has all of the medical documentation, work history, etc., needed to make a determination in your case. He or she should also file all appeals on time, and with as little delay as possible. Your attorney should provide you with copies of all documents in your case file, so that you are kept informed of the status of your case as well.

C) Go to bat for you when needed. Sometimes special circumstances arise and need to be addressed, and if you are paying an attorney you should have an advocate that will help you deal with any glitches in the system, or any deadlines that you miss (for legitimate cause).

Of course, sometimes it is difficult to know just how competent or willing to go the extra mile your attorney is until you have seen him or her in action. Keep in mind that if at any point you are dissatisfied with your attorney's performance or uncomfortable with any aspect of your representation, you can choose another attorney to represent you. Although admittedly this is not the outcome one would hope for, the process of switching to a new disability attorney does not require a lot of paperwork on your part. The social security administration requires only that you submit form SSA-1696, which is a notice of appointment of representative.

Remember, when choosing a social security disability attorney, it's best to treat the relationship as you would with any other person who provides you with a service. If you are not satisfied with the work, you should either ask for it to be corrected or, if your needs are not being met, find someone else who you feel can get the job done. Statistics show that individuals who have legal representation do tend to be approved for social security disability benefits more often than those that represent themselves, but only when their legal counsel competently handles the case.

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Tuesday, August 2, 2016

Workers Compensation History

An interesting history of the development of Workers Compensation created by students at Nimitz High School, Houston Texas, for a National History Day contest. 2008.