Make Sure You Get Your Workers’ Compensation

By on 2-02-2014 in Medical Issues

Workers’ compensation is one of the oldest types of insurance in the United States, and it is generally meant to deal with workplace injuries and cover or compensate for the damages that the worker has suffered. Worker’s compensation is a guarantee not only for the worker, but also for the company because it prevents the injured worker from filing any personal injury lawsuit against them or any worker in the company.

When a worker gets injured while on the job, regardless of who is at fault, worker’s compensation is given to the victim. It is the victim’s prerogative to file for worker’s compensation. There are instances, however, where workers are denied of their worker’s compensation following an accident. In order to ensure that this insurance benefit is given to you, here are some important tips that you can do.

Aside from gathering witness reports and reporting the incident to your company, make sure to have proper medical treatment. It helps to have proper medical attention for insurance companies to believe that your injury was significant enough for compensation. Just as important is making sure to have a clear explanation of how the injuries occurred, as well as filing the reports as accurate as possible. Make sure that the medical records you have are adequately describing the accident and injury, and give detailed reports about the incident. If you are not feeling well enough to file the report, it is advisable to wait until you are feeling better in order to better recall the details.

Make sure that the information you give are consistent; be honest since inconsistencies can only make the worker’s compensation claim shady. Lastly, get a lawyer to help you with your claims. They are very helpful in giving you advice on how to handle insurers who ask for signatures on authorization letters and possibilities of providing a recorded statement. Consulting a lawyer who understands and represents worker’s compensation claims can give you insight regarding things that may need clarification or if you need legal representation.

Overtime Disputes

By on 2-02-2014 in Medical Issues

The Fair Labor Standards Act (FLSA), administered by the Wage and Hour Division of the Department of Labor, is the branch that monitors and sets the standards for basic minimum wage along with the proper rates and computations for overtime pay. It is also the one that establishes standards for child labor and recordkeeping. The FLSA and its standards are applicable to both the public and private type of employment, part-time and full-time workers, and affect more than 130 million employees.

Employers are required to pay non-exempt employees nothing lower than the basic minimum wage, with overtime pay being one and a half of their regular rate. Overtime pay is usually required for most types of jobs, but there are types of jobs that are exempted from this overtime regulation. Those exempted are generally on the high-level positions, giving it the moniker “white-collar exemptions” and making those that have what is considered “blue-collar jobs” the benefit to avail overtime pay.

FLSA regulations about wage and overtime pay can be very narrow, making it difficult to understand. Many employers and employees are not really aware of their wage and overtime pay rate, and this often lead to overtime and wage disputes. These issues often create discord and disagreements between the employer and the employees, leading many employees to take their overtime wage disputes to court.

Withholding overtime pay is considered a serious violation. This is the reason why many employees who have overtime wage disputes go to court, according to the John Melton Law Firm in Austin. Although the law is generally pro-employee, overtime wage disputes can still favor the employer. Having the right legal representative who is up-to-date regarding information on court hearings is the leading option for securing rights for appropriate wage and overtime pay.

Birth Injuries: Cerebral Palsy

By on 2-02-2014 in Medical Issues

Cerebral palsy (CP) is an umbrella term for a group of conditions which affects the balance, movement, and posture of a person. A child affected may have trouble moving his or her arms properly due to damage to regions in the brain that control movement. Symptoms range from mild to severe, but they don’t tend to worsen as they age. Although children with cerebral palsy suffer from other health problems that may also require medical care, CP symptoms can be reduced significantly through treatment.

This condition affects about 10,000 infants every year, with 35-50 percent of them also suffering from seizures and mental disorders. There are different types of cerebral palsy, and those affected can suffer from symptoms of more than one type of the condition.

  • Ataxic cerebral palsy – this type affects the balance and coordination of the patient, causing them to walk with feet far apart and having an erratic gait. About 5 to 10 percent of cerebral palsy patients have ataxic CP.
  • Spastic cerebral palsy – affecting about 70 to 80 of the CP patients, spastic CP has three subtypes: spastic diplegia where both legs are causing scissoring, spastic hemiplegia where one side of the body is affected (usually more severe on the arm than on the leg), and spastic quadriplegia, where all four limbs, the torso, and the face is affected. They can suffer from mental retardation, speech problems, and seizures.
  • Dyskinetic cerebral palsy – 10 to 20 percent suffer from this type of CP, which manifests as fluctuations in muscle tones and can have uncontrollable movements. These results to troubles staying still, and because the tongue and face are also affected they can have issues with speech, sucking and swallowing.

The causes of cerebral palsy are not yet fully determined, although many doctors believe that it can be due to an infection or birth injury (before, during, and after) childbirth. Severe illnesses in the early years, such as meningitis, jaundice, or severe dehydration are also considered causes of cerebral palsy. For those who believe the cause of the cerebral palsy is due to negligence in the hospital, filing a personal injury case against those involved can help in compensating for the damages and injury. Cerebral palsy can cause physical and mental pain and suffering to a child and the parent, and it could also cause financial troubles because of a lifetime of treatment and medical care. It is important to have the medical professionals involved liable for their mistakes or negligence to prevent other children from suffering the same fate.