Lawyers.com Blog

Understanding the Injury Investigation Process

nospam@example.com (Eric S. Borjeson) — Wed, 28 Mar 2012 09:08:04 -0400

Every injury claim has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

A personal injury investigator’s job is to determine whether or not an injury has been exaggerated or fabricated by the victim. This applies whether the injury was sustained at work, home, or in a public area. Investigation is necessary to stop fraudulent claims that cost everyone money.

It is very important for victims to document their injuries and provide back-up information. The victim should obtain as much documentation and information as possible when the incident occurs. All injuries should be reported to the appropriate authority as soon as possible.

Injury at work

For those injured on the job, this means reporting the incident to a supervisor or manager. The employer is required to maintain an incident report to serve as documentation on your case should you pursue legal action on a workers compensation claim.

If you received medical attention, it is important to keep track of all medical bills and provide that documentation to your employer. In this way, your claim is well supported in a settlement or trial.

Steps of the investigation process

It helps to be familiar with the steps of the investigationprocess, which typically include:

The accident report
Filing of a police report or workers compensation claim
Medical report of injuries sustained and required treatment
Examination of the accident scene, including the surrounding circumstances and events
Determination of causality.

An attorney can help you prepare for your case

An experienced and qualified Philadelphia workers compensation lawyer can guide you through each of the steps of a personal injury investigation. Whether helping you collect evidence or hiring expert witnesses, your lawyer can assist you in building a case. Contact the attorney at Borjeson & Associates, located at 1500 Walnut Street, Suite 413, Philadelphia, PA 19192-3419. For further information on workers compensation, call the firm at 215-772-3020.

What Is Needed to Prove Fault in Accident Cases

nospam@example.com (Eric S. Borjeson) — Fri, 02 Mar 2012 15:33:23 -0500

Before you file a claim for negligence in an accident, it is useful to know what the law requires. According to Pennsylvania law, to claim compensation for negligence you must prove the following points:

Existence of duty. This means that there was an implied or explicit obligation between the parties that demands that one party operate or behave in a reasonable manner
Breach of duty. After a party’s duty is established, it is necessary to demonstrate that a party did not fulfill that duty by some action or by a failure to act
Cause. You must also prove that an injury would not have occurred if the party did not act negligently. This may also mean that there was a foreseeable chain of events that ended in injury (proximate cause)
Damage or injury. You must also show that the claimed injury or damage resulted from the behavior of the party at fault.

Slip and Fall Accidents

Slip and fall accidents refer to situations where an individual is injured due to a hazardous condition on someone else's property. The legal system refers to this as premises liability law. Premises liability laws cover situations when a person is injured on property that is owned or maintained by someone else and the owner/possessor of the property is held liable for the injury.

Slip and fall accidents can happen inside or outside in a wide range of places, including public and private properties. These cases often involve dangerous conditions and may result in serious personal injuries. To prove fault in Pennsylvania, you must show one of the following:

Either the property owner or an employee should have known about the dangerous condition that caused your slip and fall accident
Either the property owner or an employee knew about the dangerous condition and did nothing
Either the property owner or an employee caused the dangerous condition.

An attorney can help you establish fault in an accident case

This information has been provided by Philadelphia workers compensation lawyer, E. S. Borjeson, located at 1500 Walnut Street, Suite 413, Philadelphia, PA 19192-3419. For further information on accident cases, call the firm at 215-772-3020.

Dealing with Workers Compensation Insurance

nospam@example.com (Eric S. Borjeson) — Thu, 01 Dec 2011 10:04:45 -0500

The workers compensation process can be challenging. Knowing what to expect can help ease the situation. When an employee applies for workers compensation insurance, he or she will be questioned by supervisors, human resource representatives, and an insurance claims adjuster. It is advisable to be prepared for dealing with the claims adjuster, since that adjuster will ultimately decide to accept or deny the claim. The injured worker should be prepared to explain the incident and support the claim with evidence.

Explaining the incident

During interrogation the claims adjuster will ask many questions related to the injury. The injured worker may be asked to explain the incidents surrounding the injury repeatedly. The ultimate aim of the insurance adjuster is to check the honesty of claims. The best way to prepare is to recall the incidents that occurred during the injury and to be able to explain them in chronological order without any confusion.

Gathering evidence

Gather all evidence and testimonials to support your claim for the injury. Remember that insurance adjusters actually work for the employer and hence he/she will always try to reduce the claim to a minimum amount.

You need to have all medical reports, physicians report, contact information from witnesses, and other documents ready to support the degree of your disability. The insurance adjuster will calculate the benefits based on your average weekly wages. Hence, be clear with your average weekly wage payments and show pay slips, if required, to support your claim. Otherwise, the adjuster might undervalue your weekly wages and you could end up receiving fewer benefits.

Seeking guidance

You should know all your rights and privileges within the workers compensation system, so that you can make sure all your rights are protected by the insurer. You should be clear on the entire range of financial and medical benefits applicable to your injury before you meet with an insurance adjuster.

An attorney can help you prepare for your workers compensation case

The best way to learn about your rights is to seek the guidance of experienced, capable legal counsel who can explain how the process works. You should never accept the denial of your insurance claims without consulting your attorney.

PA workers compensation attorneys at Borjeson & Associates can help guide you through the workers compensation process. The firm is located at 1500 Walnut Street, Suite 413, Philadelphia, PA. and can be reached at 215-772-3020.

Pennsylvania Legislature Considers Changes in Accident Litigation

nospam@example.com (Eric S. Borjeson) — Wed, 14 Sep 2011 12:40:58 -0400

People differ in their views on the proposed Fair Share Act that is now before the Pennsylvania State Legislature. This controversy is about opinions on tort reform, including changes in accident litigation.

On the one side there is a business council and insurance trade coalition supporting the bill, backed by the Governor Tom Corbett and key members of the legislature. On the other side, there are opponents to the bill who view it as an attempt to overturn a long-standing doctrine to put the interests of insurance companies ahead of the safety and full compensation of innocent victims.

The Fair Share Act

Many Pennsylvanians thought they were done with the Fair Share Act, but the state legislature is doing its best to bring it back. State legislators introduced a new version of the Fair Share Act during the current session. The proposed change in the law would abolish Pennsylvania's joint and several liability rules in all tort cases unless one defendant was found at least 60 percent at fault for the plaintiff's damages.

In all other cases, defendants would be required to pay their "fair share" of the damages to the plaintiff. The intent of those pushing for passage of the Fair Share Act this year is to improve the state’s tort climate and “retain high-quality, family-sustaining jobs.”

There is strong support on both sides of the debate. Enactment of the bill is likely to be hard fought. If the bill passes, it would have a positive effect on the insurance industry and make it more difficult for accident victims in Pennsylvania to receive compensation. Read more about Pennsylvania tort reform hearings next month in the Philadelphia Business Journal

For the bill says: Lower insurance costs promote growth
According to Kari Kissinger, government affairs director for Insurance Agents and Brokers (IA&B) of Pennsylvania, “States are really approaching lawsuit abuse reform as a means to promote growth, to try and turn the state around economically, to enact lawsuit abuse reform as a means to spur growth and spur interest in the state for employers to come here.”

Against the bill says: Big business places the costs on victims
The bill’s opponents view it as a vicious assault by big business on the rights of injured people and an attempt to place the cost of accidental injury on the backs of victims. The Pennsylvania Association for Justice has denounced the bill.

If you are involved in an accident, consult a lawyer from a respected law firm

In this changing legal environment, it is critical for accident victims to have the guidance of experienced, capable legal counsel who understand how changes in the law affect their situation. Philadelphia workers compensation attorneys Borjeson & Associates can help evaluate your claim. The firm is located at 1500 Walnut Street, Suite 413, Philadelphia, PA, and can be reached at 215-772-3020.

First Steps after a Workplace Injury

nospam@example.com (Eric S. Borjeson) — Tue, 16 Aug 2011 16:51:22 -0400

There are three initial steps a worker must follow when injured while on the job.

1. Seek medical attention.

If you are injured, you have a right to seek emergency medical treatment from a non-designated health care provider.
But, if you are filing a workers compensation, any follow-up treatment must be by a health care provider on a list of providers authorized by the Workers Compensation Board
You must see a designated health care provider within 90 days of the accident.

2. Notify your supervisor.

You should notify your supervisor in writing about your injury as soon as possible.
Under the Pennsylvania Compensation Act, an employee is obligated to notify his or her employer of any injury occurring on the job.
Injured employees have up to 120 days to report the accident.
This is a critical step. Failure to do so could result in the loss of workers compensation benefits.

3. Complete Form C-3.

You must complete a claim for workers compensation on Form C-3 and mail it to the nearest Workers Compensation Board office.

Other important follow-up steps

Follow all physician instructions.
If an independent medical examination is required, this should be done ASAP.
Consult an attorney for guidance on how to proceed
Follow your attorney’s instructions. Attend any hearings that may be held in the case when you are notified to appear. The Pennsylvania Department of Labor & Industry provides useful information about workers compensation claims on its website.

This information has been provided by Philadelphia workers compensation attorneys Borjeson & Associates, located at 1500 Walnut Street, Suite 413, Philadelphia, PA 19192-3419. For further information on workers compensation, call 215-772-3020.