bopen

What is the difference between Workers’ Compensation and Personal Injury cases?

15

Oct
2014
Posted By : cortrightlaw 0 Comment

Have you been injured? Are you wondering where to go from here and what your options are? Confused between the difference of a Workers’ Compensation case and a Personal Injury claim or lawsuit? Well, read more to find out the difference and how to move forward.

Workers’ Compensation

Workers Compensation Lawyer

Workers Compensation

The Workers’ Compensation system was created as a tradeoff between employer and employee to settle cases where accidents happened on the job. This way, employers or co-workers do not get personally sued for accidents, and employees receive the compensation that they deserve in order to survive when not being able to go to work. The Workers’ Compensation system was created to protect both parties.

Personal Injury

Personal Injury Lawyer

Personal Injury

Personal Injury claims and cases need to have some form of negligence involved, meaning that somebody must be at fault for what has happened. Whether that be a slip and fall case, car accident, or some other form of accident – it must be proved that the other person was being negligent, therefore causing whatever had happened.

Is a Workers’ Compensation or a Personal Injury case right for me?

The main differences between the types of cases are the fault requirements and the types of compensation available. The biggest difference between the two is where the fault for the accident lies. If an accident occurred without somebody at fault in the workplace – then Workers’ Compensation would be the way to go. However, if the accident happened due to an individual’s negligence – then a Personal Injury claim could be ensued. When it comes to damages, or what you are entitled to receive from the case, Workers’ Compensation and Personal Injury are different. Workers’ Compensation does not allow damages that cover pain and suffering, while Personal Injury claims do. This means that with a Personal Injury claim, you are able to collect for damages such as lost wages, earning capacity, current and future medical bills, permanent impairment, loss of employment, etc. Workers’ Compensation will allow for damages such as short or long term disability, medical bills, and rehabilitation costs.

To know if filing a Workers’ Compensation case or a Personal Injury case is right for you, it is best to immediately contact a lawyer and get a professional opinion.

My Murrieta employer doesn’t have Workers’ Compensation benefits. What do I do?

15

Oct
2014
Posted By : cortrightlaw 0 Comment

If your Murrieta employer does not have Workers’ Compensation benefits in place or are not self-insured for their employees, they are breaking the law. Every employer is required to have Workers’ Compensation insurance set up for their employees, as it is form of protection for both the employer and the employed in accidental situations. Workers’ Compensation is meant to take away blame from the employer, while providing the necessary support to the employee. As an employer, they are putting themselves in a much worse position, and are subject to other forms of legal action. If you have sustained an injury in the workplace, it is most important to document the matter and get medical attention immediately. However, it is also just as important to follow through with the necessary steps to make sure that you are compensated for your injury.

Murrieta Workers Compensation Lawyer

Murrieta Workers Compensation Lawyer discusses Uninsured Employers

What are my options if I live in California and my Murrieta employer does not carry Workers’ Compensation Insurance?

If you have been injured and have realized that your employer does not carry Workers’ Compensation benefits, immediately consult with a lawyer that is experienced in California’s Workers’ Compensation laws for assistance and professional advice in the matter. Your lawyer might advise one of a few options including:

1) Suing your employer. Although normally you are not able to sue an employer, if they do not have insurance this is a possibility. In this case, the employer is considered an exception.

2) In some states, such as California, a government mandated fund can provide for you what your employers Workers’ Compensation insurance should. You are able to file a Workers’ Compensation claim with the state’s special fund, California’s Uninsured Employers Benefits Trust Fund (UEBTF). This fund can provide you with the benefits you need to cover medical costs, being out of work, and also vocational rehabilitation.

Other things to consider when your Murrieta employer is uninsured

Either way, you will also need to report your employer for not carrying proper Workers’ Compensation benefits for when accidents happen to their employees on the job.

Murrieta Injury Lawyer

22

Sep
2014
Posted By : cortrightlaw 0 Comment

Murrieta Injury Lawyer

Murrieta Injury Lawyer Kevin Cortright

Murrieta Injury Lawyer Kevin Cortright

 

Murrieta Personal Injury Lawyer

Murrieta Workers Compensation Injury Lawyer

Concussion Injuries Caused by Car Accidents

16

Sep
2014
Posted By : cortrightlaw 0 Comment

Concussions caused by car accidents

Almost half of head injuries are caused by car accidents, and more than 70% of severe car accidents include head injuries. These injuries can be caused by direct impact to the head, but can also be caused by shaking or sudden deceleration, which causes a collision with the skull. With injuries that are caused without direct impact, the injuries will not be visible and can be harder to tell if there is a legitimate problem.

Many of these head injuries that happen during car accidents are concussions. Concussions are the most common type of head injury, and occur when the brain bounces against the skull causing a dysfunction. Car accidents can cause concussions for many different reasons, because there are forceful impacts to the body from outside sources, jarring the body around and causing the brain to bounce around in the skull.

What effects concussions can have on the body

Concussions can be hazardous to the body, because having multiple over time can create a compounding effect that causes more serious problems down the line. These invisible injuries need to be assessed by a doctor if you experience any of symptoms after a car crash. However, remember that many of the symptoms might not come on immediately,

Signs and symptoms of head injuries

Signs and symptoms of head injuries

and can last for even weeks after.

Symptoms include headache or a feeling of pressure in the head, temporary loss of consciousness, confusion or feeling as in a fog, confusion or feeling as if in a fog, amnesia surrounding the traumatic event, dizziness, ringing in the ears, nausea, vomiting, slurred speech, delayed response to questions, appearing dazed, and fatigue.

Delayed symptoms might include, concentration and memory loss, irritability and other personality changes, sensitivity to light and noise, sleep disturbances, psychological adjustment problems and depression, and disorders of taste and smell.

Symptoms that are more serious and might need emergency care are repeated vomiting, loss of consciousness lasting longer than 30 seconds, a headache that gets worse over time, changes in his or her behavior or irritability, changes in physical coordination, confusion or disorientation, inability to recognize people or places, slurred speech or other weird patterns in speech.

Other symptoms can include seizures, dilated pupils, lasting dizziness, difficulty with mental or psychical function, and any of these symptoms getting worse over time.

What should be done if a car accident results in a concussion

As with any situation where there is a head injury or car accident a doctor should be seen immediately and notified of the situation. In most cases, a concussion will only alter the person for anywhere between a few hours to a few weeks. However in some cases there can be lasting affects.

Head Injuries

18

Jul
2014
Posted By : cortrightlaw 0 Comment

Head Injuries

Head Injuries

Head Injuries

Many can misunderstand head injuries as their severity can be misleading. Sometimes they lead to impairment, disability, or even death. Many times head injuries aren’t taken seriously enough when they need to be.
Almost half of head injuries are caused by car accidents, and more than 70% of severe car accidents include head injuries. These injuries can be caused by direct impact to the head, but can also be caused by shaking or sudden deceleration, which causes a collision with the skull. With injuries that are caused without direct impact, the injuries will not be visible and can be harder to tell if there is a legitimate problem.
Knowing the types and signs are a few good starting tools that can prepare you for situations where you or somebody you know might receive a head injury during a car accident.

Types of head injuries

Types of Head Injuries

Types of Head Injuries

There are two different types of head injuries. Traumatic and acquired brain injuries. Each one has their own types of injuries within themselves also. However, in relation to car accidents, traumatic head injuries will be explained in this article, as acquired brain injuries happen more commonly in other situations such as with drowning or cardiac arrest.
Concussions, the most common type of head injury, occur when the brain is somehow made to bounce against the skull, causing a dysfunction. In this case, car accidents can cause concussions by forceful impact on other places of the body. Having multiple concussions accumulating over time can have a compounding effect that causes more serious problems down the line. A contusion is more of a typical bruising to the head, and can be seen as blood vessels pop under the surface of the skin.
In contrast, diffuse axonal injuries to the head include trauma that is spread out rather than concentrated in one place. This is not caused by a direct hit to the head from the outside, but instead by acceleration and deceleration of the brain inside the skull. Basically, the brain being knocked around too much, which can cause issues with axons not working correctly, brain lesions which can onset a vegetative state, and even swelling in the brain. Diffuse axonal injury can result in unconsciousness anywhere from a few hours to a coma.
Another form of traumatic head injuries include penetrating injuries. These are simply injuries that are caused by an external item penetrating the skull and not exiting through a wound. These can easily be caused by fast moving objects coming towards the head in a car accident.

Signs and symptoms of head injuries

Signs and symptoms of head injuries

Signs and symptoms of head injuries

After a car accident, it is important to pay attention to the signs and symptoms of a head injury. For a minor head injury these can include a small amount of time unconscious, followed by confusion, trouble balancing, dizziness, fuzzy or double vision, and trouble with memory, and which can also be paired with feeling foggy headed, tired or sluggish, trouble sleeping or concentrating.
However, on a more serious level with severe head injuries, there can be indications such as immediate unconsciousness for a prolonged period of time, changes in the size of pupils, clear or heavy liquid coming out of the nose, mouth, or ears, convulsions of the body, distorted face, come by blood pressure, bruising on the face, crack of the skull, hindered hearing, scent taste, or vision, failure to relocate arm or legs, depression, loss of consciousness, low breathing price, lack of control, restlessness, intense problem, mispronounced speech, blurred vision, tight neck, puking, or swelling at site of the injury.
Any of these symptoms should be immediately addressed after a car accident by a medical professional, and in cases where another party caused the injury, an attorney should be contacted for consultation.

#headinjury #headinjuries #typesofheadinjuries