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Can I Get Workers’ Compensation for Mental Illnesses?
The brain is an organ and can experience pain and dysfunction like any other. When a person’s mental state is compromised due to work conditions, it should be taken as seriously as an external injury or other internal failure. However, mental illnesses caused by work are difficult to prove when it comes to workers’ compensation and are often questioned because there is no physical ailment.
In the event of an accident at work, or possibly a stressful environment that causes mental illness, workers’ compensation exists to protect workers. Most employers are required to have workers’ compensation insurance in case their employees get hurt as a result of their employment. If an employee is permanently or temporarily unable to return to work, workers’ compensation would cover the cost of medical care as well as any lost wages.
When looking to file a workers’ compensation claim for a mental illness, you and your attorney must be able to prove that the issue arose because of working conditions or circumstances. This can either be either in your office or work environment or in public on behalf of the company. For example, you could not claim workers’ compensation for getting into a car accident to or from work. That would more likely be a personal injury lawsuit against another party in the accident. However, if you were driving to conduct business on behalf of the company, such as a meeting with a client, you may be able to collect workers’ compensation.
Types of Premise Liability Accidents
When a person gets injured on the property of another person or company, the owners may be held liable for the accident. This type of personal injury case is often the result of poor maintenance or unsafe property. When going after a property owner after an injury on their premises, it is important to be able to prove that the owner was negligent. In regard to property, if a person does not reasonably maintain their home or land, or give proper warning, they can be found negligent and liable. The landowner also must have known about the hazard, and actively refused to take action.
In Illinois, there are laws that address people who visit a property and rights they are given. A person who is invited by the property owner, such as friends or family, are entitled to a safe environment when visiting the property. Landowners must keep their property reasonably safe for these guests. A person who has implied permission of entering a property, such as a salesman or delivery driver, has less protection because even if the owner is aware of a hazard, the licensee will likely not face it. If a person is trespassing, they have the least amount of protection if they are injured on a person’s premise. The only exception may be a child if, for example, if they wander onto a property that has a pool that is unsecured and gets injured or drowns.
Do I Have a Case for Medical Malpractice?
Doctors are an important factor for our well being. When we are ill, they are a resource to turn to for care. In an ideal world, a doctor diagnoses exactly what is wrong in a minimally invasive way and is able to prescribe medicine to resolve the problem quickly. Doctors do not always get it right the first time but as long as the medical care is reasonable, and you start feeling better, there is usually no harm. However, if you have a sinking feeling that your doctor has been negligent with your care, you may have cause for medical malpractice.
What Is Medical Malpractice?
Medical malpractice can apply to anyone in the medical field, such as doctors, surgeons, and nurses, or a location such as a hospital or private practice. When these people and institutions do not live up to medical standards, and a patient gets injured, suffers, or dies because inadequate care, that patient or their surviving family may be eligible for compensation.
Product Liability: Food and Beverage Production Negligence
Sustenance is essential to our survival, and when we purchase food from a grocery store or a meal from a restaurant we want to believe it is safe to consume. A faulty good from a department store may cause external physical harm, but negligence in food production can lead to severe illness and death.
Liability when it comes to food safety can take many forms. If a company has poor safety practices, then contamination can affect customers. Bacteria, like salmonella, can make people sick when incorporated into the food supply, or a foreign object can make its way to the final product. Companies in the past have also been held liable for not listing a warning on their products.
One of the most famous cases of the latter is Liebeck v. McDonald’s Restaurants from 1994. Stella Liebeck was served a hot cup of coffee in a McDonald’s Restaurant drive through that resulted in third-degree burns to her lower body. The temperature of the cup of coffee was up to 40 degrees higher than other restaurants that serve coffee, or the average temperature of a cup of coffee from an at home coffee maker. Because of the high temperature, 700 others were also burned by hot beverages at McDonald’s. Although the cup did warn that the contents are hot, there was no warning about third-degree burns. Liebeck was awarded $2.7 Million in punitive damages and $160,000 for medical expenses.
When Work Accidents Prevent Working
In almost any industry, small injuries are expected. Even in an office job, an accident can occur. However, not every accident or injury is eligible for workers’ compensation. Anything that cannot be safely handled by a basic first aid kit could be eligible. When an injury occurs at work that threatens future work and pay, a family’s livelihood could be at jeopardy. This is why workers’ compensation laws are in place.
What Is Workers’ Compensation?
Workers’ Compensation is an insurance required by law to be had by employers. No matter the size of a staff, or the number of employees, most employers are required to have workers’ compensation insurance. This insurance protects employees in the event of an accident caused by work that affects the employees’ ability to work. Workers’ compensation can cover lost wages and/or medical treatment depending on the severity of the injury. When filing workers’ compensation, this prevents you from suing your employer for a personal injury claim. However, if a third party is responsible for the negligence that caused your injury, they can be sued.
Car Accidents Involving Teen Drivers
According to the Centers for Disease Control and Protection, car accidents are the leading cause of death for teenagers in the United States. Getting into a car accident is a traumatizing enough experience, but the situation may be further complicated if the driver is a teenager.
Drivers between the ages of 16 and 19 are the most likely to be involved in a car accident. In fact, that age group is three times more likely to be in an accident than drivers 20 years and older. When it comes to the death rates of teenagers involved in a car accident, male drivers are twice as likely to be in a fatal crash than females.
More than 30,000 people are killed in car crashes each year. Considering teen drivers have the highest probability to be involved in a crash, there is a good possibility that you may get in a car accident with a teenage driver. Although the majority of teen drivers have recently completed driver education courses and should have a fresh memory of safety, accidents with teenage drivers are often caused by reckless activity.
How to Report Nursing Home Abuse
As seniors grow older, their family members often become responsible for their wellbeing and care. With full-time jobs and families, becoming a caregiver for an elder loved one is not always a viable option. Older people often require specialized care that only a medical professional can administer. Nursing homes are a respected option for families who have elders who can no longer take care of themselves. While these facilities do have benefits, far too often, older people can become victim to the system.
Elders are often easy targets. In fact, 10% of people aged 60 years or older have faced some form of elder abuse. The statistics of abuse go up with elders with mental impairments such as dementia or Alzheimer’s disease. Abuse also comes in many forms. Examples are physical, emotional, neglect, isolation, and exploitation.
Who Is Responsible for Truck Accidents?
Pulling up next to a semi-truck makes many drivers nervous. Trucks are not only intimidating in size but in the United States, can weigh as much as 80,000 pounds on the road. Truck accidents are more complicated than car accidents because there are more factors involved. During a car accident, it is usually more apparent whos fault the accident was, but during a truck accident, it may be either driver or one of the companies behind the truck.
We rely on trucks and truck services to bring goods across the country. A semi-truck sees an average of 45,000 miles of usage a year. Truck drivers and their vehicles get worn down and it is important for companies to stay on top of maintenance and driving hours. When a truck is involved in an accident, here are some instances where the driver or company who owns the truck can be held liable.
Can You Be Fired for Filing Workers’ Compensation?
Although the majority of employers are required by law to have workers’ compensation insurance, an employee may feel like their employment is at risk after an incident at work. The truth is, employers cannot fire someone based solely on filing a workers’ compensation claim. In fact, it is illegal to discriminate, threaten, or refuse to rehire an employee on the grounds of filing a claim.
What Is Worker’s Compensation Insurance?
If a person gets injured or killed because of an accident at work, they are entitled to compensation based on medical care and missed time at work. No matter how small a business is, all employees are entitled to the protection that workers’ compensation provides. Depending on the injury, it may put a person out of work for a long time, and the compensation assists with lost wages. If a person cannot return to work, they may qualify for permanent disability and their compensation will be higher than temporary disability.
Famous Product Liability Cases in the United States
No consumer purchases a product and expects it to cause harm. That is why consumers are protected by product liability laws, which gives resources in the event a product caused injury or death. This makes manufacturers and companies liable for any misfortune that their products have caused. There is a responsibility that companies have when providing safe products, or doing their due diligence in providing warnings in other circumstances.
Over 200,000 injuries of children reported in hospitals were caused by toys in 2016. While children may be easier victims of product liability, here are some of the biggest cases in the United States.
General Motors - This American car company, based out of Detroit, is behind reputable car brands such as GMC, Chevrolet, Buick, and Cadillac. However, in 2014 many models of cars were found to have an ignition switch fault that could cause the engine to shut off at any time while in use. This fault caused at least 31 accidents that resulted in the deaths of 13 General Motors customers. Over 26 million cars were recalled, and a fund was created for victims of the faulty ignition switch.
