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.

Income

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.


Article Source: http://EzineArticles.com/7168392

Modifying, Changing, Or Enforcing A Court Order In A Family Court

Modifying a family court order and enforcing a family court order are two different things but both are very important aspects of family law in America. Knowing what to do with a family court order differentiates a court order from a normal piece of paper. A court order carries with it the full faith and credit of the State or Federal Court and its laws. Violating one whether it's a family court order or civil court, can carry very serious consequences.

While modifying a court order varies from state to state, the principle is of modifying an order is universal, sometimes thing change and a court order must be changed to reflect this change. For example, if a person was ordered to pay $500 per week in alimony but five years later, that person suffers a bad accident rendering him or her unable to work, that situation calls for a modification of the original order or the person will be saddled with debt or be held in contempt for violating the order. Either situation is not good. The family courts in our country are also skilled in determining whether someone seeks a modification willfully and not because of a true change of circumstance like the example above.

• What is the nature of the change that warrants a modification? Some family courts will not even consider your claim if it is shown to be a temporary change. The next question is, what is temporary and what is not? If someone becomes unemployed, how is that person to know whether it is short term or long term? The longer the person waits, the more he or she becomes backed up with money he or she owes stemming from the breach. Before sprinting to the local family court, it is wise to do research about the local laws and/or hire a local attorney who can advise you if it is worth pursuing or not. If the change is permanent, trying to modify the order as soon as possible is wise and will prevent a person from falling far behind in payments. While you may not get a court date for several weeks, at least you have let the court know that you have an issue and you need to be heard. Nobody can help you if you do not tell anybody so contact your local lawyer right away or if you are savvy enough, file right away.


• I have a family court order for weekly alimony but the opposing side does not abide by it, does not care, what can I do?Once you have an order, you have the power to enforce it by bringing the breach to the court's attention. Again, a court does not know if someone is not honoring the law unless someone tells them. By filing an enforcement motion or enforcement application with the order attached to it, a person has the right to seek the enforcement of the order, to seek lawyer's fees that they paid their lawyer to bring the enforcement action, sanctions, fines, and/or to be found to be in contempt of court and in some cases sit in jail. If the person who owes you the alimony refuses to pay, the Judge can order that the amount be garnished from his or her wages each pay period, can order that any tax refund he or she receives be intercepted and given to you, can order that if he or she receives any rents or business income that someone be put in place to collect the funds and pay you the money that is owed to you.


• In short, with an order, the court has many tools available to it that can help a person get what is owed to them. So if and when you get a court order, keep it in a secure place and be ready to use it if someone does not follow the order as soon as you can because there is a reason why the Judge ordered it in the first place.

Article Source: http://EzineArticles.com/8738417

How A Workers' Compensation Attorney Can Alleviate The Pain Of The Process

Back in the old days, employees weren't provided compensation for workplace-related injury and illness, even if the incident was a result of employer negligence. Fortunately, workers' compensation programs protect employees throughout the United States today. If you've been injured on the job, knowing you have the option to file a claim for wages and medical expenses may put your mind at ease. The system can be difficult to navigate alone, but with a workers' compensation attorney, the road to recovery can be much smoother.

Understanding Your State's Laws

Every state is different, and frequent legislation makes for regular changes that can be hard to follow. Very specific guidelines are in place for workers' compensation rights and responsibilities, including, but not limited to:

- How long you have to file a claim

- How much you're entitled to in medical benefits and wages

- Social Security entitlement

When you're ill or injured, trying to find your way through the claims filing process can be all the more difficult. Having a lawyer who knows the ins and outs of your state's system may help streamline the process for you and make you feel more comfortable with the outcome.

Understanding of the Legal System

One of the most obvious benefits of having an attorney is that he or she will have an understanding of the legal system needed to ensure that your claim is handled properly. If you're told that your case can't be accepted by your employer or feel that you might be entitled to more than you're being provided, your legal representative can investigate and determine whether the claim was dealt with legally and fairly.

Should I Obtain a Workers' Compensation Attorney?

Regardless of your specific circumstances, you have the right to consult with a lawyer about your claim. However, if your situation is severe enough to have a potentially long-lasting effect on your ability to work and/or if you question the legality of your employer's handling of your claim, you are strongly recommended to obtain a workers' compensation attorney. Some of these circumstances might include:

- Injuries and illnesses causing irreparable damage, leaving you unable to work at all or in the same manner as you could prior to the injury or illness

- Conditions that require operation(s) or other medical treatments, leaving you unable to work for extended periods of time

- A disability prior to being injured or becoming ill

- A suspicion that your employer wrongfully denied your claim or is mishandling it

The greatest advantage to obtaining a workers' compensation attorney is simple: He or she will be your advocate when you need it most. Being out of work due to a workplace illness or injury is not just a struggle medically; it can make it difficult to pay your bills and care for yourself and your family. In many instances, seeking a lawyer to help you handle your claim and represent you when necessary can be your best course of action.

Article Source: http://EzineArticles.com/9022705

When Do You Need To Hire A Lawyer?

When Do You Need To Hire A Lawyer?

What Is Joint Custody?

What is Joint Custody?

Social Security Disability

At Hodson & Mullin, we know disabled people need help. Faced with a possible lifetime of great physical pain and a frightening financial future, many are so overwhelmed they don’t know where to turn.  At Hodson & Mullin we not only  understand, we effectively steer our eligible clients through the Social Security Disability application and appeal processes, with countless successful cases over the decades.

At our firm, a highly experienced legal assistant will spend a great deal of time working with you and gathering records and information to perfect your claim, but your legal questions will be answered by an experienced attorney.

We are registered with the Social Security Administration and when necessary, we appear at actual hearings throughout Northern California to present our clients’ cases effectively, with an eye toward the most favorable outcomes.

Most of our experienced legal assistants are fluent in both English and Spanish, so language is never a barrier to obtaining results.

We are happy to meet with you for an initial consultation without charge to you, and you incur no costs at all unless and until your case is resolved and you receive a settlement or benefits.  Schedule an appointment with us today at our Vacaville or Fairfield offices!

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Workers’ Compensation

The Workers’ Compensation and Social Security Disability practice areas are overseen by Partner, Samuel Mullin.  Mr. Mullin is recognized as Certified Specialist by the State Bar Board of Legal Specialization and has repeatedly been named a “California Super Lawyer.”  Mr. Mullin served as Assistant Suisun City Attorney, as a Federal Prosecutor for the U.S. Air Force and as a U.S. Air Force Judge Advocate.

California’s Social Security Disability and Workers’ Compensation law are very complex and confusing.  Recent changes in Workers’ Compensation law  make navigating through the claim process even more confusing.  Hodson & Mullin informs clients of their legal rights if they have suffered an industrial injury in California or are seeking disability benefits through Social Security.

Unlike California Workers’ Compensation adjusters who work for the insurance companies, Hodson & Mullin works for injured clients.  They ensure that clients are aware of all the rights and benefits they may be entitled to under the law such as medical treatment for job related injuries or illnesses, physical therapy, lifetime medical care options, vocational rehabilitation, temporary and permanent disability, death benefits and settlement depending on the extent of the injury.

Hodson & Mullin advocates zealously on each clients’ behalf with Workers’ Compensation insurance carriers, and if necessary, before the Workers’ Compensation Appeals Board. In some cases, Hodson & Mullin also pursues personal injury cases on behalf of injured Workers’ Compensation clients.  Hodson & Mullin has a track record of integrity in helping clients get the largest settlement they are entitled to under the law.  Hodson & Mullin’s attorneys have the knowledge and expertise to  handle the most serious cases and the staff, experience and resources to move your case forward.

Hodson & Mullin has been a trusted presence in Solano County for years and the firm prides itself on its commitment to staying abreast of recent changes and current developments in the law through extensive continuing legal education to ensure every client has excellent representation. Much of our business is the result of referrals from former clients.  Put our experience to work for you.

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