Month: March 2020

Although accident victims have personal injury law in their favor, the chances of securing a claim greatly depends on your ability to prove the fault. After all, you cannot expect to be compensated if the accident was caused by your mistake or negligence. Conversely, you can rightfully seek compensation by proving that the other driver had been negligent. For this reason, you need to be aware about the value of determining the responsibility in such cases. Being able to prove it decides the outcome to a considerable extent. While it is best to let experts determine the fault, there are some facts you should know about how it is done.

Rules may vary by state

It is to be noted that different states approach fault in car accidents differently. The diverse types of faults that vary from state to state include pure comparative negligence, modified compared negligence and contributory negligence. So the outcome of your case depends on how it is viewed in your state. It is best to get legal representation because only experts can help you determine fault in the mishap based on the rules applicable in the state.

Police report is vital before taking legal action

Before you pursue any legal action after the wreck, getting a copy of the police report is a good idea. The report can help you in proving the accident’s responsibility because the officer would have recorded that the other driver was responsible for the mishap. If that is the case, the report can serve as a valuable tool in protecting your interests and proving the liability of the guilty driver. It is, therefore, your prime duty to report the accident immediately to the police. They will be there and record everything in their report, besides gathering testimonies and available evidence.

Insurance companies assess fault thoroughly

Even though a police report is a vital piece of evidence in a car accident case, the insurance companies also go the extra mile to assess fault thoroughly. Stephen Whiskin from Waymanandlong.legal explains that there are many ways that lawyers and insurance companies determine fault in a car accident, and some of them might surprise you. Still, it is valuable to pay attention to an adjuster’s assessment because it will determine how compensation will pan out.

Evidence collected plays a key role

When the insurance company starts evaluating an accident, evidence plays a significant role. Besides the police report, evidence includes pieces such as photos of the wreck scene, eyewitness testimonies and any other proof that can show what happened at the site. Being alert after the accident can help in gathering as much evidence as possible. For example, you can take photos with your mobile camera and jot down the contact information of the eye witnesses. These can be useful for determining the responsibility of the guilty driver and getting you the claim you deserve.

Being able to prove the fault can speed up the claims process, even while the insurance company tries to mitigate the circumstances. So you must go the extra mile to gather the evidence you can so that you can present it during the proceedings.

Running a company is a lot of hard work and has many risks involved. Amongst these risks, insolvency is a situation that no business owner would ever want to deal with. Unfortunately, it is something that can happen to anyone and in the most unexpected way. Therefore, it is always better to be aware of the options you can explore to salvage your business before resorting to liquidation. Timely and appropriate action can save your company and even get you an opportunity to make a turnaround at the last moment. Even a struggling company with massive debts, creditor and tax burdens, and cash-flow issues can be rescued if you take the right approach towards handling an impending insolvency. Here are some steps that can help you save your business from being declared insolvent.

Concentrate your efforts on the best customers

When a business deals with multiple customers, they know that each of them is unique. While some are demanding and take a long time in clearing payments, others have a great relationship with the company and are always one step ahead with the payments. Concentrating on the best customers is the right thing to do when you are struggling to stay afloat. Make it a point to focus on the customers you consider reliable and profitable because they can contribute to improving your cash-flow. Rather than taking on any new customers, this is the time to maximize business with the existing ones. This will reduce your marketing and sales investment while increasing your earnings.

Explore your funding options

Customers keep your cash flow and working capital alive but you also need to consolidate your foundation for cutting down the insolvency risk. Insufficient capital at a stage when you are already struggling can be a killer. So you need to explore funding options, even if it means that you have to incur some debt burden. Having too little debt sounds great, but it is no use if you end up being insolvent. Look for bank loans or alternative funding to keep up with your taxes, supplier bills and employee salaries. Obviously, it makes a sensible idea to save your business from drowning when insolvency appears to be just around the corner.

Consult an insolvency practitioner

An insolvency practitioner can play a key role in saving a business that is facing an impending insolvency. They can act as a professional intermediary in the entire proceedings and even get you a turnaround option when there is no hope. You can check https://antonybatty.com/about-our-insolvency-practitioners/croydon-office/ to explore the services and solutions they can provide for businesses. While they do handle the legal aspects of insolvency and turnaround, dealing with insolvency professionals also brings greater confidence in your creditors and makes the path easier for your business.

Call in outstanding debts

Businesses that are on the brink of insolvency obviously have a long list of creditors to pay off. At the same time, there may be some outstanding debts that you have to get from your debtors. One of the key causes of cash-flow issues is that companies allow outstanding debts to be unpaid for significant periods. If you fear losing out, now is the time to call back everything that is due to you. Get in touch with your debtors immediately and give them reminder notices. If they still do not pay back, consider recovery by using a debt collections company. Have a plan for the future as well, with strategies like offering early payment discounts for increasing the cash flow for the business.

Cut costs and repay creditors

Even the potentially profitable businesses may experience cash-flow problems and encounter insolvency apprehensions due to excessive spending. In fact, this is the main reason why things start going downhill for most of the organizations. The frivolous yet avoidable expenses relate to equipment, salaries, marketing or other operational costs. You can try different ways to curb expenses, from focusing only on core activities to making redundancies and cutting the marketing budget. Trim every spending that you possibly can. Also, use the saving smartly by paying out your dues to creditors and suppliers. While this approach will reduce debt and interest burden, it also lets your business regain trust and make a comeback as a viable company.

Though dealing with insolvency requires a great deal of courage and conviction, making a turnaround is still a possibility for a majority of businesses. Taking the right approach and collaborating with a seasoned professional can help you steer your organization in the right direction and bring it back on track subsequently.

Workplace accidents are more common than you may think. And a more surprising fact is that such injuries go beyond physical problems, rather they affect the victims psychologically as well. To make things worse, these psychological effects tend to go unnoticed and untreated. As a result, victims are left in a state of frustration, uncertainty and oftentimes depression. The psychological effects of physical injury come ahead in the form of post-traumatic stress disorder (PTSD), anxiety and other types of mental stress.

When it comes to injury at the workplace, victims are most likely to suffer from financial stress too. The fear of looming disability and job loss can be traumatic. Fortunately, you may be eligible to get workers’ compensation benefits for such mental injuries if you have a workplace accident. Being aware of the psychological impact of these injuries, therefore, becomes essential if you seek to claim compensation for them. Let us explain them in detail.

Occupational injuries can cause depression

Research indicates that the rates of depression are higher in people who suffer from workplace injury.  When coupled with physical injuries, depression can have a serious impact on the victim. It is, therefore, vital to recognize depression in time so that you can get financial compensation and therapeutic aid for the problem. Not aiding victims can be detrimental for the business as well because they are as responsible for psychological impact of workplace injuries as for the physical and financial impacts.

There are other serious implications of workplace injuries

In addition to depression, there are several other serious implications that injured employees may have to deal with. These can range from anxiety to mood disorders, adjustment disorders, and substance abuse. Further, the stress of impending unemployment can just aggravate the problem. Daniel Gordon of the Gordon & Gordon Law Firm explains that you might be eligible for income replacement benefits if you aren’t able to return to work immediately after an accident or injury. While this will put your finances back on track, it can alleviate the psychological impact of the injury as well.

Psychological injuries can delay recovery too

Another aspect that every workplace injury victim needs to understand about the psychological injuries at workplace is that they can delay recovery as well. Obviously, the longer you take to recover, the later you will be able to resume normal activities. This can have a far-reaching effect on your well being and quality of life and social interactions. The risk of trauma is even greater in some specific cases such as divorced and widowed workers, those with low income and lack of access to healthcare.

The laws related to mental stress workers’ compensation claims differ by state. Moreover, such cases are difficult to handle as proving psychological impact is seldom easy. Prevailing on such a claim requires the worker to prove that a mental injury occurred as the result of a work-related psychological stimulus. Hence, it becomes important to have a seasoned attorney handling your case to ensure that you get the compensation you rightfully deserve.

As per the law, it is expected that the working conditions provided by your employer are safe and healthy. However, accidents do happen, and that is why it is recommended that you consider working where there exists a sound workers’ compensation policy which protects you as an employee. Worker’s compensation is essentially a reimbursement that you are supposed to receive in the event of an injury at work. But what happens if your employer fights against your quest for compensation? Well, we have detailed the steps you should take to handle the situation.

Steps to take if your Workers’ Compensation Claim is denied

Find out why

For starters, there are several reasons why your workers’ compensation can be denied. Some of the common causes are perhaps if the injury was not reported on time, if the claim was not filed on time or if there is no medical treatment evidence presented etc. The claim can also be denied on the grounds of insufficient evidence that the injury was not work-related. That is why it is essential to find out why the claims were dismissed before moving to the next step.

Appeal against the worker’s compensation denial

After finding out why your claim was denied, you can move with speed to appeal the decision. The denial letter should indicate within what period you should appeal. This could range from 15 to 30 days. However, you should meet your employer before initiating the process of appeal. That is because the denial could have been a slight misunderstanding that can be settled at the workplace level.

If you decide to go on with the appeal, you should consider consulting an experienced personal injury attorney to represent you before an administrative law judge. You can click here to find more about how a worker’s compensation attorney can help you in the appeal process. Frankly, you are more likely to get your workers’ comp if you have an experienced personal injury lawyer representing you.

Prepare your defense

Now, if you are to defend your case successfully, you will need to carry along any documentation that supports your claim. These documents should be based on the grounds for your appeal.  So, ensure that you put together any supporting documentation such as a medical examination and time sheet indicating the injury, evidence that it occurred while working and negligence on the employer’s side, etc. That will be important to support and make your case stronger.

Find witnesses

It would be vital if you get fellow workers who can attest to the authenticity of your case. If, for example, the injury occurred at the workplace in the presence of other workers, it would help if they give testimony before the administrative judge to support your case.

Embark on job search

Although compelling your employer to cater to your worker’s compensation through appeal is your right, you might lose your job in the process. This is notwithstanding the fact that no employer should fire an employee for demanding their rights. That said, it is essential to find a job while appealing for compensation. It’s good to have a good backup in such a scenario.

Final word

As a worker, you are entitled to a safe and healthy working environment. You should be protected from any foreseeable accident by the employer. However, if an accident occurs, you should be compensated for the loss or injury. And if the employer denies you the compensation, make sure to follow the steps in your appeal. Moreover, hire an experienced lawyer to help fight for your compensation.