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Frequently Asked Questions
  • What is worker's compensation?
  • What is meant by no fault law?
  • What are the types of benefits workers are entitled to?
  • What is a slip and fall accident?
  • Who is liable for slip and fall injuries?
  • What are the damages recoverable in a slip and fall suit?
  • What is brain injury?
  • What is a wrongful death case?
  • What are the damages recoverable in a wrongful death case?

What is worker’s compensation?
Workers’ compensation is a system that requires employers, to pay lost wages, medical expenses, and certain other benefits to employees who are injured on the job. Workers' compensation is different from other types of torts in that it is not based on fault or negligence. The idea behind workers' compensation is not to right a wrong or punish negligence; rather, it is a way to protect employers from negligence lawsuits and injured workers from destitution.

What is meant by no fault law?
Workers' compensation is a no-fault law, meaning that it is irrelevant whether the employer was not negligent or whether the employee was negligent. No-fault law differs from most types of personal injury lawsuits, which require the injured party to prove the negligence of another party before recovering money and which allow a defendant who was not negligent to escape liability. This is achieved typically through the insurance coverage of the employers.

What are the types of benefits workers are entitled to?
There are two general categories of workers' compensation benefits, medical and indemnity. Medical treatment that is medically reasonable and necessary and serves to cure or relieve the effects of the injury is compensable. Indemnity benefits are those that attempt to compensate the injured employee for lost earnings or earning capacity caused by the work injury. Workers who sustain injuries that cause permanent disability are entitled to permanent partial disability payments if they are able to return to work. The calculation of permanent partial disability payment varies among states but usually depends on a disability rating given by a doctor.

What is a slip and fall accident?
Slip-and-fall accidents or injuries comes under the category of premises liability injury, and occur when a person is seriously injured by slipping or tripping and falling because of unsafe or dangerous stairs, railings, or other structures. Falls can take place both indoors and outdoors.

Who is liable for slip and fall injuries?
Under general tort or personal injury law, slip and fall cases must meet certain criteria in order for a victim to receive compensation for their damages. A party is held liable for slip and fall injuries sustained on their property when the victim can prove that the party had knowledge of the danger and failed to act in an appropriate and timely manner to prevent injury. The injured party may not be able to receive compensation if they had knowledge of the hazard prior to the injury.

What are the damages recoverable in a slip and fall suit?
Damages can be recovered for medical bills, lost time from work, permanent or temporary disability, pain and suffering which includes physical and mental agony.

What is brain injury?
A form of personal injury, brain injury can be defined as an injury causing a temporary or permanent damage to the brain. Brain injury can occur to any person, in any walk of life, at any time. In every case of brain injury it is not necessary that the usual symptoms like loss of consciousness, giddiness etc. need be accompanied, and hence, at times brain injury goes unnoticed by the victim in the initial stage. Brain injury can cause physical, cognitive and emotional consequences that can affect a person for a lifetime.

What is a wrongful death case?
A wrongful death case is a lawsuit brought on behalf of a decedent’s survivors for their damages resulting from a tortuous injury that caused the decedent's death. A wrongful death case, in the context of medical malpractice may be defined as a death during a medical operation, the neglect of a doctor, hospital or nursing home, or that arises from defective drugs or medication.

What are the damages recoverable in a wrongful death case?

The following damages may be recovered in a wrongful death case:
  • Immediate expenses associated with the death (medical & funeral);
  • Loss of victim's anticipated earnings in the future until time of retirement or death;
  • Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
  • Loss of inheritance caused by the untimely death;
  • Pain and suffering, or mental anguish to the survivors.
Practice Areas

Car Accident Cases

Construction Accidents

Lead Poisoning

Medical Malpractice

Defective Products

Premises Liability

Workplace Injuries and Workers' Compensation

Employment Cases

Dog Bites

Municipal Liability

Disability Benefit Denials

Head and Brain Injury

Wrongful Death