5 Must-Know Facts About a Workers Comp Settlement
Do you think it’s impossible to get a workers comp settlement? It may feel that way because the process is long, frustrating, and you could end up fighting a denied claim.
There’s a lot that you need to know about workers comp settlements and how the process works. That will help you be prepared to get the settlement that you’re entitled to.
Read on to get the facts about workers comp and settlements.
1. State Laws Vary
There isn’t a federal policy that governs workers compensation. That’s done at the state level. As you can probably guess, state laws vary from state to state.
Most states require employers to have workers compensation insurance when they hire their first employee. Texas is one of the few states that doesn’t require employers to carry workers comp insurance.
If your employer does have workers compensation, then you need to go through that program to claim benefits. If your employer doesn’t carry benefits, you have the right to sue them. You’ll need to get more information to find out how to proceed in a workers compensation case in Texas.
2. Timing Is Everything
Not only do workers compensation cases have laws according to the individual state, but each state has its own set of deadlines.
This is known as the statute of limitations. There are statutes of limitations on how much time you have to report your injury and file a workers compensation claim.
The timeline to report your case ranges from as soon as the injury occurs to 90 days. You then typically have 2 years to file a workers compensation claim.
You should take the time to learn the statute of limitations in your state. If you miss a deadline, you will not be able to recover a settlement.
3. Types of Workers Compensation Settlements
When you get a settlement offer, you’re going to get either a lump-sum settlement or a structured offer. Knowing the difference between the two can help you make the right choice.
A lump-sum payment is when you receive your settlement in one payment. A structured settlement is an amount of money paid out in disbursements.
For example, if your settlement is for $40,000, you can get that money at once in a lump sum. It could be structured so you get $8,000 a year over five years.
You may decide to take a lump-sum payment because you have a backlog of bills to pay for. Many take a lump-sum because they want to be done with the process.
There are tax considerations, too. You should talk to an attorney or accountant before you make that final decision.
4. It Can Take a While to See a Workers Comp Settlement
How long does it take to see a settlement check? It may feel like a lifetime to finally reach an agreement with the insurance company and your employer.
You still have to finalize the agreement and the workers comp settlement has to be approved by a workers compensation judge.
At that point, the insurance company still has to cut the check, which can take a while.
You can expect that it takes 1-2 months from the settlement agreement to finally get paid. The timeline partially depends on your location and the insurance company.
5. It Pays to Hire an Attorney
Since you’re dealing with the insurance company on your own, they’re likely to assume that you don’t know what you’re legally entitled to.
They’re also more likely to deny your claim. A workers compensation attorney can convert your denied claim into money. That happens 70 percent of the time.
Not only that, but an attorney can get more money for your claim than you can get on your own. Insurance companies are likely to offer a settlement that doesn’t align with your financial need. An attorney can get more money for you and get the settlement that you deserve.
What if you don’t have the funds available to hire a workers compensation because you used your financial resources to pay your bills?
Workers compensation lawyers mostly work on a contingency basis. They get paid when you receive a settlement. How much they receive depends on how complex your settlement is.
Attorneys usually get between 10-20% of your settlement. State have caps as to how much an attorney can receive and they have to be approved by the judge overseeing your case.
How to Hire a Workers Compensation Attorney
What do you need to do to hire a good workers compensation attorney? You can start by asking for recommendations and referrals.
You can also look online for a workers comp attorney. You’ll find plenty of options in your area. Most offer a free consultation, where they ask you to bring documents and information related to your case.
They’ll ask you questions and tell you if you have a case or not. Be sure to ask an attorney about their experience with workers compensation cases.
You should ask about recent successes and the average settlement of their cases. That will tell you that they do good work for their clients.
Of course, you want to ask about their fee and if there are additional fees related to your case. They could charge for things like office resources and expert interviews.
Finally, you want to be comfortable with the attorney. They should be personable and transparent about your case.
Workers Comp Facts About Settlements
Do you feel like you’re able to take on the insurance companies on your own? While you are armed with important information about your workers comp settlement, you should work with an attorney.
That’s the best way to recover financially because your employer and their insurance company will fight your claim. You can make sure you do your part by reporting the injury and filing your claim within the statute of limitations in your state.
Head over to the Law section of this site for more legal insights.
Here’s Everything You Need to Know About Determining Liability in a Rideshare Accident
Ridesharing apps have made it easy for people to travel, which is why there are several users. However, there are chances that drivers and passengers can get into vehicle accidents, as millions of trips happen every day. According to the Phoenix Street Transportation Department, the city’s road network was nearly 4,800 kilometers in 2009 and is expanding. More lanes result in more traffic, which raises the risk of accidents. In 2021, in Phoenix, there were around 40,833 car accidents reported.
If you have faced any unfortunate incident, rideshare accident attorneys in Phoenix will stand by you and ensure you get financial compensation. In Phoenix, one can get the minimum insurance amount of $50,000 per accident, $25,000 for bodily injury, and $15,000 for property damages.
Insurance companies use several tactics to avoid paying compensation; however, the lawyer ensures these companies do not take advantage of the situation. Below are the complete details that you must know about ridesharing accidents.
Who is Liable?
Drivers for Uber and Lyft are categorized as independent contractors. It means they might work under a contract, and the company might not employ them. So, if they are under contract, it is their responsibility to maintain the vehicles, and this does not come under the employer-worker’s compensation scheme. If proven that it is the driver’s fault, the company will eventually pay the driver’s liability through their insurance policy.
In Arizona, Uber and Lyft have insurance plans covering property damage and bodily injuries. However, drivers must ensure their insurance is up to the mark.
There are always three parties involved in rideshare insurance coverage:
- Rideshare company
- The driver
- The passenger
It depends on the accidents, how they took place, and three scenarios that can occur:
- If the accident occurs when the application is not turned on, it is the responsibility of the driver’s insurance to cover the damages, not the companies.
- If the accident occurs when the driver operates via application, the company’s commercial insurance will be applied.
- If the accident is caused due to the passenger’s negligence, then the passenger’s insurance has to cover the damages.
How is Liability Determined?
If one is involved in a ridesharing accident, the liability is determined by confirming the following:
- If the Uber/Lyft driver is responsible for the collision
- If the driver was using the ridesharing app when they got involved in the accident
- If other parties have contributed or are involved in the accident.
How Can an Uber Accident Lawyer Help?
The Uber accident lawyers and the ridesharing attorney help you understand the best course of action. They will help you get the maximum compensation and determine who is responsible for the accident. Since they know the rules and regulations, they provide the best advice.
In an Uber accident, knowing which insurance to work with can be challenging. You might have to file for several claims, so to avoid errors, the lawyer should manage the filings and negotiations.
Being involved in a vehicular accident can be challenging and complicated; however, when it consists of a ridesharing company, it adds another level of complexity. These enormous companies can use several strategies to reduce the compensation or try to avoid paying it. So, it is advised that if anyone is involved in a ridesharing accident and suffers injuries, they must go to an experienced lawyer that can help in making a solid case.
Shoplifting In Austin: How To Find An Austin Criminal Defense Attorney
Shoplifting is a behavior that can affect almost anyone—kids, superstars, teens, and sleep-deprived new parents alike. It can be easy to forget that you’ve picked something up and then leave the store, only to be asked to follow a security professional to a small room for questioning. Virtually anyone can find themselves facing shoplifting charges for the first time.
If you have recently been accused of shoplifting, it is important not to let the commonplace nature of your situation lull you into a false sense of security. A conviction for shoplifting could affect your reputation, your criminal record, and even your freedom temporarily. This is one situation in which a “do it yourself” approach will not cut it. The time to contact an experienced shoplifting lawyer in Austin is now.
Shoplifting Penalties In Austin, Texas
Whether you were caught shoplifting at The Domain, the 2nd Street District, or your neighborhood convenience store, the potential penalties you’ll face in the event of a conviction are the same. The category of charges by which your alleged wrongdoing will be punishable is determined by the value of the goods that you have been accused of shoplifting.
- Class C Misdemeanor if the value of the shoplifted property is worth $100 or less – Punishable by a fine up to $500.
- Class B Misdemeanor if the value of the shoplifted property is more than $100 but less than $750 – Punishable by up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor if the value of the shoplifted property is $750 or more but less than $2,500 – Punishable by up to 180 days in jail and a fine of up to $4,000.
- State Jail Felony if the value of the shoplifted property is $2,500 or more but less than $30,000 – Punishable by 180 days to two years in state jail and a fine of up to $10,000.
- Third Degree Felony if the value of the shoplifted property is $30,000 or more but less than $150,000 – Punishable by two to ten years in prison and a fine of up to $10,000.
- Second Degree Felony if the value of the shoplifted property is $150,000 or more but less than $300,000 – Punishable by two to 20 years in prison and a fine of up to $10,000.
- First Degree Felony if the value of the shoplifted property is more than $300,000 – Punishable by five to 99 years in prison or life imprisonment and a fine of up to $10,000.
Because the stakes of a shoplifting conviction risk a term of imprisonment for any crime that involves shoplifting more than $100 worth of property, it is imperative to seek the guidance of an experienced Austin criminal defense attorney as soon as possible after being accused of shoplifting.
How To Find An Austin Criminal Defense Attorney
Whether you’re searching for an Austin misdemeanor lawyer, a secondary shoplifting defense lawyer in Austin, or an Austin felony theft defense lawyer, you’ll need to seek out a law firm that is highly reputable, has a track record of success, and has extensive experience with shoplifting cases specifically.
Not all criminal defense lawyers approach their practices in the same way. Don’t work with a criminal defense mill that is more concerned about representing as many clients as their lawyers can handle than securing each client the most favorable outcome possible under their unique circumstances. The outcome of your case could affect everything from your ability to get schooling, a job, or your ability to remain free from jail. Don’t settle for subpar representation. Research your options and meet with any attorney you’re interested in working with to ensure their approach meets your needs.
Your Shoplifting Case: What To Expect
Every shoplifting case is unique. As a result, your lawyer will need to carefully examine the circumstances of your situation to build the most vigorous possible defense on your behalf. Depending on the severity of your charges, this strategy will begin to play out as soon as your arraignment.
Texas law indicates that only someone who has unlawfully appropriated property with intent to deprive the owner of that property can rightfully be convicted of theft. This means that unless a prosecutor can prove – beyond a reasonable doubt – that you intended to steal the property in question, you can’t properly be convicted of shoplifting. Your lawyer will likely engage in significant negotiations with the prosecution to get your case dismissed or to mitigate the consequences that you would face in the event of a conviction when you did not intend to steal the property that you allegedly shoplifted.
If initial negotiations don’t result in the prosecution dropping the charges against you, your lawyer will explore the possibility of filing pretrial motions to suppress any evidence that may have been collected in violation of your Fourth Amendment rights against unreasonable search and seizure. If relevant evidence can be successfully suppressed, the prosecution may have no choice but to drop or minimize the charges, as they may be unable to make their case successfully without that evidence.
Finally, if these efforts haven’t produced their desired results and taking a plea deal isn’t in your best interests, your attorney will vigorously fight for your rights in court.
Contact A Knowledgeable Austin Criminal Defense Attorney For Personalized Guidance
To learn more about shoplifting laws in Austin, Texas, and how these laws will apply to your case uniquely, schedule a confidential, risk-free case evaluation with Cofer & Connelly, PLLC, by calling 512-991-0576 or contacting the firm online. This reputable law firm is well-known for its knowledgeable legal practitioners and their ability to secure favorable client outcomes. They have more than 65 years of combined experience aggressively defending the rights of Texans like you.
Shoplifting may be a commonplace crime, but that doesn’t mean that the effects of a conviction will manifest in your life in simple, uncomplicated ways. Because your reputation, well-being, and even your freedom could be on the line, the time to seek experienced, professional legal guidance is right now.
Guide to Dealing with a Car Accident Incident
Even for the most seasoned drivers, being involved in a car accident may be terrifying and frightening. Regrettably, there are thousands of incidents involving cars every day on our roadways, and the National Safety Council estimates over 4.5 million automobile accidents annually in the United States alone. Understanding how to react appropriately in case of an automobile accident is crucial. In this article, we’ll walk you through the procedures to take after a vehicle accident.
7 Ways to Deal with Car Accident Incident
Knowing how many car accidents per year occur, emphasize the importance of being prepared to deal with such an incident. Here are some ways you can deal with a car accident:
1. Stay Calm and Check for Injuries
Be cool and look for injuries as soon as possible after an automobile collision. Make an instant call for medical assistance if someone is hurt. If you’re not injured, check on the other people involved in the accident and see if they need medical assistance.
2. Move to a Safe Location
If your car is in the way of traffic, turn on your hazard lights and pull over to the side of the road. If the accident is minor and both cars are drivable, move to the side of the road or a nearby parking lot. If the cars are not drivable, do not attempt to move them and wait for the authorities to arrive.
3. Call the Police
No matter how serious the collision is, you should still call the police. An accident report will be filed by the police, which might be useful when handling insurance claims. Be sure to give the police an accurate account of what happened and avoid admitting fault.
4. Exchange Information
It is important to exchange information with the other driver involved in the accident. Inquire about their name, contact information, and insurance. It’s also a good idea to get in touch with anyone who could have witnessed the crash.
5. Document the Accident
Photograph the accident scene and the damage to both vehicles. While handling insurance claims, these images can be helpful. Also, recording any injuries you or the other motorist experienced during the collision is crucial.
6. Contact Your Insurance Company
Notify your insurance company as soon as possible following the incident. Explain what happened and provide the other driver’s contact information if you have it. You can rely on your insurance provider’s full support throughout the claims filing and repair scheduling processes.
7. Seek Legal Advice
There may be a need for legal representation if you sustained injuries in the collision or if the other driver accused you of causing the incident. If the matter ends in court, a lawyer can explain your options and argue on your behalf.
Things to Be Careful While Dealing with a Car Accident Incident
The consequences of a car crash can be incredibly demanding and distressing. As well as taking the above-mentioned measures, you should also keep in mind the following details:
- The first rule of signing anything is ensuring you fully grasp and agree with its contents.
- Refrain from discussing the incident on social media, as doing so could hurt your case.
- Retain all accident-related paperwork, such as doctor’s notes, police reports, and insurance policies.
Tips to Get Consultation for This Incident
If you’re unsure of what to do after a car accident or have questions about the legal process, there are several ways to get advice:
● Talk to a personal injury attorney
Many attorneys offer free consultations, where you can discuss your case and get advice on how to proceed.
● Talk to a legal aid organization
Some organizations offer free or low-cost legal assistance to individuals who cannot afford an attorney.
● Research online
Many online resources can provide information on the legal process and what to do after a car accident. However, be sure to verify the credibility of any sources you use.
Over 4.5 million accidents occur annually in the United States due to automobiles. Maintaining composure and taking the necessary actions after an automobile collision are paramount. Check for injuries, get to safety, report the incident to the authorities, swap information, take pictures, call your insurance company, and consult an attorney. Following the advice in this manual, you may go back on the road as soon as possible after an auto accident and in better condition.
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