Monthly Archives: October 2017

How To File for Workers Compensation

Published / by Stephenson

A significant number of employees suffer permanent or long-term injuries at the workplace. Such injuries limit their ability to earn a living as it was before. Luckily, such individuals can file for permanent disability benefits that can help cushion them against financial losses resulting from staying out of their jobs for considerable time. Workers’ compensation typically covers the injured employees’ medical bills and other expenses.

Who is Eligible for Compensation?

In this case, eligibility is typically determined by the report that a workers’ compensation doctor will file. In the course of your treatment, the medic will ascertain whether your condition can allow you to go back or not. Once you reach a maximum medical improvement point, the medical practitioner will undertake an examination to establish whether the injuries that you suffer have left you with permanent limitations that may prevent you from resuming your job. Thereafter, you will be assigned a disability rating. This is an index representing the extent of the permanent limitation that you have suffered.

Sometimes, the doctor may opt to give a whole-person impairment rating. This is normally the case in instances where the injury involves your neck, internal organs, head, and back. If you are a mine worker for instance and you end up suffering a lung critical lung disease, you are eligible to receive a whole person impairment rating of up to 40%.

Calculating Disability Benefits and How Personal Injury Lawyers Help

Typically, calculating permanent and long-term disability benefits involves a lot of intricacies. This varies according to the state that you are in because each states employs a different method when determining how much disability benefits is to be paid to injured workers. The main determinant of how much you will receive is the extent to which you were injured. This implies either partial or total disability.

picture of a man hurt at work

Permanent total disability is that which prevents you from ever getting involved in meaningful employment in your life. Those who are deemed to have sustained permanently and totally disabled are those with debilitating and serious injuries such as the loss of limbs, or eyesight. If you suffer this kind of disability, you will receive payments for the rest of your life. On the other hand, permanent partial disability implies scheduled and unscheduled disabilities, which are not as dangerous as permanent total disabilities.

If you are injured at your place of work, it is advisable that you get in touch with a disability lawyer who will help you understand all the workers’ compensation rules that relate to your case. Besides this, he/she will represent you in court when or when negotiating for a higher compensation. You definitely need a lawyer who will handle the case on your behalf while you focus on your treatment and recovery. Since lawyers have a better understanding of workers’ compensation laws, you stand a better chance of getting slightly more compensation by hiring one.

A Breakdown of the Bankruptcy Law

Published / by Stephenson

Bankruptcy is basically a legal procedure, which allows debtors to reorganize and reduce their debts under the supervision of the bankruptcy court. Once you embark on this process, the automatic stay will protect you from creditors till you clear your personal liability and receive your discharge.

You are advised to file for bankruptcy if you are struggling to meet your financial obligations. You should similarly file for bankruptcy if you are faced with the possibility of having your property repossessed. Contrary to public belief, filing for bankruptcy doesn’t mean that you are broke. It is simply a strategy that helps you eliminate your debts by giving you additional time to pay up.

Automatic Stay and Bankruptcy Discharge

As soon as your bankruptcy claim is filed, an automatic stay will go into effect. This is a decree that shields you from creditors by preventing them from collecting their debts from you. The automatic stay similarly prohibits all forms of collection activities such as wage garnishments, creditor calls, and lawsuits.

Once the bankruptcy process is successfully completed, you will be discharged from your debts. The discharge completely wipes out your obligation to pay your debts and any personal liability that you might have. Nonetheless, you should keep in mind that not all types of debt are dischargeable through bankruptcy.

Chapter 7 and Chapter 13 Bankruptcy

You can either choose to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Chapter 7 bankruptcy is specially designed to help clear general unsecured loans. More often than less, it lasts for three months. Chapter 7 bankruptcy is sometimes perceived to help speed up liquidation processes because a bankruptcy trustee appointed by the court is legally allowed to sell a debtor’s nonexempt assets. Even so, there are certain legal provisions that protect a certain portion of debtor’s property from liquidation.

Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy doesn’t allow the sale of debtors’ nonexempt property. Instead, it allows them to propose a payment plan in exchange of keeping their assets. Typically, such debt repayment plans last between three to five years. This explains why Chapter 13 bankruptcy is sometimes known as reorganization bankruptcy. In case you are behind on car loan or mortgage repayments, you should consider filing for Chapter 13 bankruptcy so that you can reorganize your finances.