NJ Bus Driver Involved in Fatal Crash Ineligible to Drive

A bus driver who was part of a fatal crash was not eligible to drive shortly before the accident, as covered by North Jersey.

The tragic crash happened on May 17 in the Town of Mount Olive, New Jersey. A school bus with teachers and students from a Paramus middle school driven by Hudy Muldrow Sr. as part of a field trip was struck by a dump truck as Muldrow attempted to make an illegal U-turn on a median after missing an exit. More than 40 people on the bus were injured, and the crash claimed the lives of 10-year-old Miranda Vargas and Jennifer Williamson-Kennedy, a teacher.

Muldrow was charged with vehicular homicide in connection with the two deaths, and it was revealed at a hearing that he was not cleared to drive for a time before the crash occurred. Documents introduced at the hearing from the state’s department of education show that the superintendent of Paramus schools was told in December that Muldrow was not eligible to drive and that the district was asked to comply with this ineligibility determination.

Records obtained by local news agencies show Muldrow was decertified by the state’s education department in December of 2017. Another letter, dated in December, shows that the superintendent was told Muldrow’s endorsement as a bus driver had been revoked by the state’s motor vehicle agency and that his medical certification was also expired.

It is not known why the agency suspended the bus driver’s endorsement. According to state guidelines, a bus driver can lose his or her endorsement due to a disqualifying medical condition or because of a criminal history. Muldrow did end up renewing his medical certificate at the very end of the year, and he received his endorsement back in January. The district has since said they believed it was his expired medical certification that caused the endorsement suspension, but a letter to Muldrow from the motor vehicle department about the issue did not seem to indicate that.

A closer look at Muldrow’s driving history revealed his license has been suspended a total of 14 times, most recently in December 2017. While six of these suspensions involved unpaid speeding tickets, the bus driver also received eight citations for speeding and had been in trouble for careless driving in the past. Should he be convicted of these charges, he will not be allowed to drive a bus ever again, according to the state’s department of education and its motor vehicle agency.

Many people are now questioning the school district’s failure to confirm why he lost his bus driving license privileges just months before this tragic accident. It does not appear to involve his medical status, but it could be related to the outstanding speeding fines.

Muldrow was initially charged and jailed, but he has since been released. His next appearance in court is scheduled for June.

Bus accidents can have a terrible toll, like the one in Mount Olive. If you’ve been in a bus accident, contact an attorney, like a bus accident lawyer Denver, CO turns to, about your case.

 


 

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many fatal crash cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Discrimination for Work Related Injuries

Experiencing an injury while at work can be incredibly troublesome. Not only will you be required to take time away from work and wages to recuperate, you may have suffered from an injury that permanently disables you. Even worse, if you are retaliated against in the workplace in the form of a demotion, pay cut or even job loss, you may have experienced employment discrimination. Your next steps may be to contact a workers’ compensation attorney if you believe that you have been retaliated against. They can be helpful in reviewing your case to determine if you can take legal action.

Workers’ Compensation & Employment Discrimination

Workers’ compensation is a benefit that is carried by a majority of employers in the event that an employee is injured at work. When an employee receives workers’ compensation benefits they are provided with:

  • A portion of their paycheck while they are out of work
  • Job protection during the time that they are out of work
  • Coverage for all medical expenses related to the injury (both past and future)

It is important to note that once you agree to workers’ compensation, in most situations you waive your right to file a lawsuit against your employer. You will want to make sure you consult with a workers’ compensation attorney prior to making this agreement with the insurance company. You will want to ensure that you are making the decision that is right for you.

A number of people may not take action if they are injured in the workplace. In some cases, for fear that their employer will retaliate against them in some way. This is considered a form of discrimination and is a direct violation of your rights. Employment discrimination is when a person is treated differently in the workplace because of one or more of the following:

  • Age
  • Pregnancy
  • Retaliation
  • Sexual Harassment
  • Race
  • Ethnicity
  • Religion
  • Disability

If you believe you have experienced some form of employment discrimination, it may be in your best interest to consult with an attorney.

Retaliation

Retaliation is when an employer takes revenge for an employee filing a complaint or engaging in an activity that they have specific protections around.  Retaliation laws are in place to help provide assurances to employees from experiencing adverse effects related to coming forward for filing complaints of sexual harassment, employment discrimination and workers’ compensation. Retaliation in the workplace can include a variety of things, for example:

  • Wrongful Termination
  • Harassment
  • Job duties becoming for difficult
  • Lowered Wages
  • Demotions
  • Poor performance evaluation

Proper Next Steps for Retaliation Cases

A Brooklyn workers compensation lawyer can ensure that you take the appropriate next steps in a retaliation case. You will need to determine whether or not you would like to take legal action. You will want to gather as much evidence against your employer as possible. More specifically, you will need to prove that your employer retaliated against as a result of your workers’ compensation claim.

It can be frustrating to experience an injury at work to then find that your employer is treating you unfairly as result. It’s hard to figure out how to advocate for yourself and protect yourself from these sorts of infractions. With the assistance of an attorney who is experienced in this area of practice, your interests can remain at the forefront. They can help you manage the complexities of the law and advocate for your interests.  

 


 

Thank you to our friends and contributors at Polsky, Shouldice, and Rosen, P.C. for their insight into work related injuries.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many work related injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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FAQ: Workers Compensation Simplified

Those who have just submitted a workers compensation claim may be wondering what exactly happens next. An employee may fear retaliation from their supervisors for filing such a claim, and may not be sure whether they can see their doctor instead of the work-assigned physician. These are both very legitimate thoughts and concerns. In the article here, we have answered many of the common questions a worker may have about employee injury benefits. Read further for more information about the workers compensation process.

Does workers compensation cover injuries, and illnesses too?

Workers compensation benefits can cover both injuries and illnesses that occurred as a result of the work environment or task. This benefit program was designed in a way where it does not matter who was at fault, the employee is to be financially covered for medical expenses related to the condition. However, there is an exception to this rule. If an employee had self-inflicted the injury, or was under the influence when the accident happened, benefit coverage may be at risk. A worker’s injury claim may be denied if either of these factors contributed to the injury or illness.

What should I do if my supervisor is treating me differently?

It is unlawful for a manager to treat an employee in a negative way after filing a workers compensation claim. This is the reason why many workers are afraid to report a work-related injury, out of concern they may miss out on a promotion, raise or other opportunities. An employee may try to shrug off a work incident even when the injury requires medical attention, out of fear of retaliation. Unfortunately, this untreated injury or illness may worsen over the days or even weeks that follow.

Can I see my own primary doctor about the work injury?

Whether a worker can see their own personal doctor about a work injury depends on the laws for that state. An employee may be able to get a second opinion from their primary doctor after the work-assigned doctor has performed an exam. It can get tricky if both doctors do not agree on the same diagnosis or treatment plan. A work-assigned doctor may be biased and try to save your employer money by minimizing your condition. If this were to happen, a worker may want to speak with a legal professional for advice right away.

When should a worker consider meeting with an attorney?

If for any reason an employee feels that something is suspicious about the way their workers compensation injury claim is being handled, seeking a work injury lawyer Hollywood, FL trusts may be a good idea. It is recommended a worker contacts an attorney if he or she is experiencing any of the following during the workers compensation benefits process:

  • The employee was terminated soon after the injury claim was filed
  • The employee is experiencing mistreatment from upper management
  • The employer is trying to discourage employee from filing injury claim
  • The employer did not take proper steps when reporting accident
  • The employer did not file the workers compensation paperwork timely
  • The employee did not receive a fair amount of benefit coverage for the injury

 


 

Thank you to our contributors at Law Offices of Franks, Koenig & Neuwelt for their knowledge about workers compensation law.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensation cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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New Jersey Employee Misclassification Task Force

Independent contractors are a very important type of worker these days, as a kind of employment classification that is rising in popularity, as an employment lawyer trusts can attest. However, it seems sometimes employers take advantage of this classification for their own benefit. Recently, there have been some important developments in New Jersey regarding the classification process, and how employees and employers need to respond.

On May 3, the governor of New Jersey – Phil Murphy – set up the Task Force on Employee Misclassification. The task force’s goal is to – according to the governor – “crack down on” contractors that “engage in 1099 fraud.” The task force is part of a larger set of measures that are designed to protect employees. There are twelve members on the task force from different administrative agencies in New Jersey. The measure’s purpose is to help workers in New Jersey by preventing companies from being able to misclassify them and get away with it.

What is employee misclassification?

Employee misclassification happens when people who are actually “employees” – not “independent contractors” – do not get the valuable benefits they should be getting as workers with employee status. Independent contractors, on the other hand, do not get such benefits. These benefits include: family and medical leave; unemployment insurance; and overtime compensation. Hence, by creating this task force, the governor is saying that he is going to make sure that employers are properly classifying employees, thereby providing these employees with more protections and advocacy.

What is the task force going to do to fight misclassification?

The Executive Order that the governor used to create the task force mandates that the group is to: (1) evaluate misclassification enforcement; (2) develop best practices for generating information around misclassification and efficiently enforcing the law; (3) produce recommendations for compliance; and (4) review the laws that exists.

What are the implications?

Both employees and employers ought to know about this changing landscape in New Jersey. The governor is signaling that he means business when it comes to enforcing the law and developing best practices around misclassification. So, employers should make sure their classification processes are legitimate under New Jersey rules, and employees should make sure that they are receiving all of the benefits they deserve under the law. The governor wants to make sure everyone is on notice of the changes, that the laws around this issue will be enforced, and might make an example out of a non-compliant company.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many employee classification cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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What Happens If A Teen Driver Gets a DUI?

Driving takes concentration, foresight, anticipation of what other driver’s are going to do, and most of all experience. As new drivers, teens need to be super focused on driving and nothing else. Just by virtue of their age and inexperience, teen drivers are four times more likely to be involved in a crash as adults. Driving while distracted is never a good idea for anyone, but as a teen, the consequences, in many cases, can be deadly. The statistics for teens driving under the influence are terrifying. Driving while impaired affects reaction times and judgment, and for teens with little experience behind the wheel, the results are never good.

Teenagers seem to have a feeling of invincibility — nothing can touch them. While that may be a good attribute for facing the challenges of growing up, overconfidence can backfire when getting behind the wheel. Teens need to realize when they are incapable of driving whether they have consumed alcohol or taken any drugs. Statistics about teens and DUIs should be a part of every teen’s driver education course.

Here are some sobering statistics concerning teen drinking and driving.

  • Of all the crash fatalities involving anyone under the age of 21, one in four is alcohol related.
  • According to a nationwide report, twenty percent of students in high school admitted to getting in a car with a driver who they knew had been drinking alcohol at least one time during the month before.
  • Even though teen drivers are not as likely to drink and drive as adults, the chances of being in a crash is considerably higher when they do. This is true even with a lower blood alcohol level.
  • Teens should also know that if they are driving after being awake for 18 hours, the effect is similar to a blood alcohol level of 0.08, which is essentially legally intoxicated.
  • Every year more than 3000 teens die in drunk driving accidents

What happens if a teen gets caught driving under the influence?

In response to drunk driving deaths and injuries among teens throughout the country, zero tolerance laws were put into place in the 1980s. Zero tolerance means that if a teen is caught driving with any alcohol at all in their system, they are immediately arrested for a DUI.

The second part of the zero tolerance law states that the license of any teen caught driving with any alcohol in their system automatically gets their license revoked or suspended by the DMV.

In addition, the court may impose additional penalties. Since these zero-tolerance policies have been implemented, the death rate for teenage drivers have decreased.

If the blood alcohol content is from 0.05 – 0.07 percent or higher, the teen can be charged with both an underage DUI as well as an adult DUI, increasing the penalties.

Other charges may include minor in possession of alcohol, soliciting alcohol from an adult, giving alcohol to other minors, and child endangerment. The teen that is charged will also now have a misdemeanor on their record and their license can be suspended for two years.

It can get worse than that. Some states impose up to one year of jail time for a teen convicted of DUI. If it is not the first time caught drinking and driving, they will likely face time in jail.  Along with jail will be 3-5 years of probation.

Other consequences of teens convicted of DUIs is that they may not pursue careers in education or pre-law. Finding jobs as a teen may be difficult as they will have to list any prior convictions on job applications.

The severe consequences attached to a minor convicted of a DUI are intended to dissuade teens from drinking and driving in the first place. Be sure to contact a DWI lawyer Salt Lake City, UT families trust if you find yourself in the unfortunate situation of having been caught driving under the influence.


Thank you to our contributors at the law offices of Rasmussen & Miner for the above information.


The legal firm of Rispoli & Borneo, P.C. has successfully represented many DUI cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Signs a Driver May be Intoxicated

Getting behind the wheel after having one too many is often a regrettable decision. This is especially the case if you suffer the consequences of this lapse in judgment. Driving while intoxicated could result in obtaining a DUI charge or worse, you could harm yourself or someone else in the event you are in an accident. As a driver on the road, it’s impossible to know for sure whether someone you are sharing the road with may be intoxicated. However, there are some signs you can look for and steps you can take while driving to protect yourself. If you find that you have been charged with a DUI, it’s recommended that you acquire the assistance of a DUI attorney to help you through the legal process.

What do the Police Look For?

Having an idea of what police are assessing when they are pulling someone over can be helpful in a number of ways. For those trying to stay safe on the road and avoid drunk drivers, it can be helpful to have an idea of what to look for when driving. Police are trained and knowledgeable in what to look for in a suspicious driver who may be intoxicated. Here are common things an officer may look for in driver’s who may be under the influence:

  • One thing an officer will take into account the time of day they observe someone on the road driving. If it is in the late evening or early morning hours, there is a high probability that the driver on the road may be drunk.
  • When an officer suspects someone is drinking and driving, they will look for a reason to pull the driver over. Common infractions could include:
  • Broken headlight or taillight
  • Speeding
  • Swerving
  • Running a red light or stop sign
  • Expired inspection sticker or registration

Once a driver has been pulled over, the police officer will look for signs that they have been drinking. Common clues of intoxication include:

  • Red or bloodshot eyes
  • Slurred Speech
  • Open Containers
  • The Smell of Alcohol

Alternative reasons that could result in being pulled over by law enforcement for a suspected DUI:

  • Observing driver’s behavior or erratic driving
  • Another driver calls in a report of a suspected drunk driver
  • Car accident in which the driver is appears to be impaired

When you are under the influence of drugs or alcohol, your judgment could be impaired. Driving while intoxicated could put not only yourself, but also others at risk for sustaining an injury. Unfortunately, if you get behind the wheel after drinking too much, and ultimately injure another person, you could face consequences far worse than a DUI conviction. No matter the situation surrounding your DUI charge, an attorney can help you face the consequences of your actions head on.

A DUI attorney MD residents trust can help review the details of your specific case to help you determine the appropriate legal steps you should take. With their help, you can have a clear understanding of the process and the consequences you may be required to face if you have obtained a DUI.


Thank you to our contributors at the law firm of Frederick J. Brynn, P.C. for the above insight on intoxicated driving.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many DUI cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Legal Liability for Construction Accidents

One of Agatha Christie’s murder mysteries opens with a fluffy old lady strolling through a new subdivision development.  In the story, the detective passes by one of the two-story homes under construction and spies a young couple standing on the second story of an unfinished house.  The couple is standing on a piece of wood that extends over the edge of the building frame. As the young lady steps forward and loses her balance, the young man steps backwards off the board and the lady nearly falls.  The detective concludes that the young lady would be well served to find herself a new young man. This is also an excellent example of the very inviting atmosphere of subdivision developments under construction – any number of homes going up in any number of cul-de-sacs, all of varying designs and in various stages of finish.  Dirt movers and cranes and dump trucks call to the child in many of us to take a closer look. Couples looking for a family home or retirees looking to downsize are all likely to be driving through and may stop to take a closer look at some particular land feature or lot. And since it is imperative for the builder of the homes to sell the homes, large signs advertising these forthcoming homes and neighborhood amenities are placed very conspicuously and are bright and colorful and inviting as well.

The owners of the property, the developers, and the contractors performing the work should be held to the highest standards when undertaking any construction project.  Most counties and/or cities have permitting requirements before construction projects can be undertaken and those permits frequently set the minimum requirements for safety measures to be used while construction is underway.  Developers and contractors may open themselves up to extensive liability if they fail to meet these minimum requirements. And while the minimum requirements may satisfy some exposure to liability, contractors may have additional liability if they allow unreasonably dangerous conditions to remain accessible to the public.  In the earlier example, a personal injury attorney would look at the permits in place and the conditions of the site at the time of injury. Who left the board extending beyond the frame of the house? Who failed to post the “keep-out” notice, if any such notice was required? Who failed to close and lock the fence around the unfinished project?  And once those questions are answered, others will follow – does the contractor have a history of allowing dangerous work sites. Was the developer or contractor trying to cut corners to increase profits? All of these questions and many others will need to be asked. Liability at a construction site can be difficult to pin down and an attorney experienced in these types of injuries, like a construction accident lawyer Boynton Beach FL relies on, will spend a significant amount of time in determining the activities and events that led to someone being injured as well as the potential liability of each party – from the land owner, to the developer, to the contractor.


Thanks to our friends and contributors from Eric H. Luckman, P.C. for their insight into construction accidents.

 

The legal firm of Rispoli & Borneo, P.C. has successfully represented many construction accident cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Myths about Workers’ Comp Claims

Many workers who are hurt on the job do not always know what their rights are, however, it is important to know that each state has laws that require the majority of employers to carry workers’ compensation insurance in order to provide benefits to injured workers. These benefits include all medical expenses related to the injury and a percentage of the employee’s regular wage.

The following is a brief overview of some of the most common misconceptions that injured workers have regarding qualifications of workers’ compensation. A skilled attorney, like a work injury Lawyer West Palm Beach relies on, can provide more details and offer a free case evaluation of your situation.


I was responsible for my injury so I am not entitled to workers’ compensation benefits.

This is untrue. Unlike personal injury claims, such as vehicle accidents, work injury cases are not fault-based. Any worker who is injured while performing job-related duties is covered under workers’ compensation laws. There are some exceptions to this law. If the worker was drunk or under the influence of drugs when they were injured, the claim will be denied. Another reason the claim will be denied is if the worker was engaging in some type of horseplay or other purposeful dangerous behavior.


If I file a workers’ compensation claim against my employer, they will fire me.

State laws have put in place stringent laws regarding workers’ compensation claims. One of those rules is that an employer cannot file a worker because they have filed an injury claim. This is considered a retaliatory move and the employer would face severe penalties for doing so. If an employer fires an injured worker or engages in other retaliation (such as cutting hours or transferring to a lower paying position), the worker should consult with an attorney who will advocate for them.


If I file a workers’ compensation claim, then I am suing my employer.

Unlike a personal injury claim, a workers’ compensation claim is not a tort action. In fact, the law protects employers from worker’s lawsuits. That’s why the workers’ compensation system is in place. Although injured workers are entitled to benefits for medical expenses and lost wages, they cannot pursue financial compensation for pain and suffering, emotional damages, and other types of non-economical damages that personal injury accident victims can.


I don’t need a job injury attorney to file a workers’ compensation claim.

Although injured workers can file a claim on their own, there are many situations where it is better to have an attorney advocating for the injured worker. If the injury was a minor one and the worker does not miss any work, then they can likely file the claim on their own, as long as there are no other extenuating circumstances. If the injury is more serious and the employee will be unable to work as they recover, the claim may become more complex and it is of greater benefit for the employee to retain the services of a job injury attorney in order to make sure their right to benefits are protected.  


Thank you to the Law Offices of Franks, Koenig, & Neuwelt for providing their insight on workers compensation.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensation claims. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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5 Common Knee Injuries Claimed in Personal Injury Suits

A knee injury can be very serious because the knee is one of the most complex joints we have in our body. Our knees have a small range of motion and they are responsible for holding up most of our body weight! It is very possible that if you have sustained injuries from an accident, that your knee may have been affected. Here are 5 of the most common knee injuries that are claimed in personal injury cases.

Posterior Cruciate Ligament

The ligament at the back of the knee is called the posterior cruciate (PCL). It helps connect the tibia and the femur. It is one of the most susceptible to injuries in car accidents or falls that involve the knee twisting. Usually the tears are incomplete that can be sealed by rest and immobilization.

Fractures

Often the kneecap, or patella, is affected by fractures. Other knee injuries affect the fibula, femur and tibia bones. Both car accidents and falls can put extra stress on the knee resulting in fractures. The most common fractures occur in the knee cap, of course.

.There are four categories of patella (knee cap) injuries are stable, open, displaced and comminuted.

  1. Stable fractures occur when the bone sections on each side of the fracture are not displaced. It usually heals with an easy combination of immobilization in a cast or splint and rest.
  2. Open fractures describe a situation in which the bone fragments become exposed through the skin. They are also known as compound fractures. Open fractures require surgery and can leave the knee still unstable after treatment and healing are complete.
  3. Displaced fractures are the misalignment of bone sections and usually result in a gap between the pieces. Surgery is also required for this type of injury because of additional tendon and ligament damage.
  4. Comminuted fractures always require surgery because they are unstable and fracture the bone into 3 or more pieces.

Meniscal Injuries

Meniscus cartilage are bands of tissue shaped like wedges that cover the area between the femur and tibia bones. They act as shock absorbers and help the knee joint move. A meniscal tear can be complete or incomplete; complete tears need surgery and partial tears can be healed with a splint and rest.

Tendon Tears and Ruptures

Any experienced chiropractor can tell you that there are two main tendons around the knee; the patellar tendon that is connected to the tibia, and the quadriceps tendon connected to the quadriceps muscle. They are easy to tear and surgery may be necessary to heal them.

Collateral Ligament Injuries

Collateral ligaments are on each side of the knee, the medial collaterals are located along the side of the joint, and the lateral collaterals sit on the outside. Usually injuries to these are due to direct contact applied forcefully to the lateral collateral during car accidents, falls, or sports injuries. In car accidents, fractures usually accompany the injury and recovery may last up to several months.

If your knee injury has been caused by someone else’s negligence or intention, you may be able to file a personal injury claim. Even a small knee injury can require expensive and extensive treatment which could be costly. Hopefully filing a claim can result in adequate compensation for your medical bills as well as any other noneconomic damages you may have suffered. Contact a personal injury lawyer Lakeland, FL trusts right away to settle your case.


Thank you to the Dave & Philpot P.L for providing insight on personal injury.

 

The legal firm of Rispoli & Borneo, P.C. has successfully represented many personal injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

 

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Work Injury Benefits

If you have been injured on the job, a workers compensation attorney can assist you with filing for benefits. Under many states’ law, most companies are required to carry workers’ compensation liability insurance and although the process for filing and receiving benefits should go smoothly, that quite often is not the case.

A skilled lawyer knows that in many situations, either the employer or the insurance company will try to minimize the amount of benefit an injured employee will receive or even try to deny the claim entirely.

In the event you need legal advice, do not hesitate and contact a professional lawyer, like a workers compensation lawyer Memphis TN trusts, to ensure that you are receiving all of the benefits you need.

Different Types of Benefits

Under Workers’ compensation law, there are several types of benefits the employee or their families are entitled to receive if the worker is hurt or killed because of job-related injury or illness. Your work injury attorney can go over the details of your case and determine what benefit you may qualify.

Medical Benefits: All medical treatment for the injury or illness is covered by workers’ compensation insurance. The only caveat to this rule is that the attending physicians must all be on the insurance company’s approved list of doctors. In most cases, if the worker decides to go to a doctor that is not on the approved list, the medical expenses are their responsibility. The only exception to this rule is for the medical expenses of any emergency care the worker received immediately following the accident.

Temporary Total Disability Benefits or (TTD): This is the benefit a worker will receive weekly when their injury prevents them from working at all. Typically, the maximum amount of the TTD is a portion of the worker’s average weekly wage. There is a maximum amount of TTD a worker can receive and that amount is set by the state. For workers whose wages vary each week, the amount will be determined using a formula, typically based on how much the worker earned in the four months prior to the accident. If the worker’s injuries are not classified as catastrophic, there is a cap on how many weeks they can receive the benefit. Catastrophic injuries typically have no cap.

Temporary Partial Disability Benefits (TPD): If an injured worker returns to work on limited duty, partial duty, or to a job that pays less than the original job, they are entitled to receive TPD. The benefit is usually a portion of the difference between the worker’s average weekly wage prior to the injury and following the injury. There is also a cap set on that amount, as well as how long a worker can receive TPD.

Permanent Partial Disability (PPD): PPD benefits are paid to a worker whose injuries or illness has resulted in a permanent disability. The attending physician will use guidelines established by the American Medical Association to determine what the percentage of disability is. That percentage is then multiplied by the temporary total disability weekly rate you were receiving.

Death Benefits: Tragically, not all workers survive their job-related injury or illness. When this happens, the spouse and minor children of the worker are entitled to receive a death benefit. The benefit is based on the worker’s average weekly wage, and also includes funeral expenses. Your attorney can go over what the death benefit is for your family and how many years you may receive it. In most states, when there are minor children, the death benefit is paid each week until the child reaches 18. Should the child attend college, the benefit is extended until they reach 21.


Thank you to Darrell Castle and Associates, PLLC for providing insight workers’ compensation.

 


The legal firm of Rispoli & Borneo, P.C. has successfully represented many work injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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