It's not entirely uncommon for an employer to inform a recently injured employee that workers compensation does not apply due to independent contractor status. But how reliable is this claim? Are you really an independent contractor? Here are some of the ways that some states view accidents that happen on the job - and whether or not you can collect compensation.
Defining a Contractor
Contractors typically are paid differently than employees (through a set of terms or an independent contract). These workers also tend to work independently, and this often means that a contractor will not have the same paperwork as a full-time employee (a contractor may fill out a W-9 tax form, for example). Also, there is usually a start and end date when it comes to a contract.
So what defines an employee if a contractor fits the above terms? In most cases, employees work directly for the company that they are employed by and do not have separate contracts. While employees may have a contract with the company that they work for, these contracts are the same for all employees. Further, an employee does not have a start and end date, since these workers are expected to work full-time until a position is terminated.
How Can You Tell?
When you were hired for a certain position, what did you apply for? Did you apply for that position as an independent contractor? Or, were you hired by the company to work as a full-time employee? Knowing the difference between being a contractor and a full-time employee can also mean the difference between getting the compensation that you deserve, and not being able to make any kind of claim when injured on the job.
The Sticky Details
As you might imagine, there are all kinds of details that go into figuring out whether or not you can actually claim compensation. Since large companies and insurance companies do not want to pay for medical bills and time lost not working, it is often hard to claim full-time work status. However, not attempting to gain compensation for wages and time lost means that you may have to pay for medical bills yourself - and this isn't always fair.
If you have been injured on the job and you've been told that you do not qualify for compensation, it's important that you speak to a qualified attorney as soon as possible.
Our goal at the Dellutri Law Firm is to make sure that you gain the compensation that you need to focus on getting better without worrying about whether or not you are a full-time worker or contractor. Call us today for a completely FREE case evaluation. You can reach us at 239-939-0900 or schedule online at http://www.DellutriLawGroup.com.
Article Source: http://EzineArticles.com/expert/Carmen_Dellutri,_Esq/2158244
Article Source: http://EzineArticles.com/9253498
Sunday 3 January 2016
The Jury Is Never Told About Insurance In A Florida Personal Injury Trial
Florida Statute 627.4136 Nonjoinder of Insurers
Also, known as the "Non-Joinder Statute" is probably the most prejudicial statute that was pushed upon the Florida people. Essentially, when someone is injured because someone broke a safety rule, such as a traffic law, the injured party has a right to be compensated for their losses. It sounds simple, doesn't it? Not really. What this means is that if someone harms you then you are allowed to be made whole by financial compensation for both economic and non-economic damages. These are the rules of our justice system in Florida. If you are any other person causes harms or damages, the protection of an Insurance Policy often comes into play.
Each month you loyally pay your insurance premiums to the companies with the cute commercials that make all these promises to stand by you in a time of need. The protection afforded by insurance is that in the event of a claim, the insurance company will protect the personal financial exposure of the policy holder. This may include the hiring of a defense lawyer to legally defend a lawsuit brought upon by an injured plaintiff. The person causing the harm is named as a defendant in the case (the insurance company is NOT a defendant in a 3rd party action) but they are essentially absent to the process. The defendant doesn't make any decisions or have any control over the process as the insurance company evaluates the claim or ends up in a full blown trial. They do not consult the defendant on any decisions and basically will put their insured in a position that they are essentially "along for the ride". In most cases the defendant appears at trial and unbeknownst to him/her, the insurance company has hired all sorts of experts to defend the case.
The interesting part of this scenario is the reality verse perception issue. The reality is that the defendant has no say so in the defense and the insurance company is protecting their bottom line but the perception is the theater of the mind that is presented to the jury. Under the Non-Joinder Statute, the jury never hears that this individual has an insurance policy. The jury isn't aware that the insurance company is paying the bill for the high-priced defense attorney. In fact, the jury will never hear the name of the insurance company so they presumably assume that giving a verdict in favor of the plaintiff and against the defendant will come out of this poor individual person's pocket. That's not really fair for the defendant or for the plaintiff.
Insurance Companies don't want People to know the Truth
Insurance companies and their lobbyists vigorously argued for this statute. This provides the insurance companies the ability to cover up the fact that they are involved in the defense of a claim and instead, create an alternate reality that the individual person will be responsible for making the plaintiff whole. In close cases where the liability is in question or there are other mitigating circumstances, juries may not award a full measure of damages because they may question the defendant's ability to pay a certain amount of money. The jury certainly does not have a full picture of the facts, which would lead a reasonable person to hold accountable the insurance carrier that makes billions of dollars in annual profits.
The related farce that is perpetrated upon Florida citizens is that their insurance premiums continue to rise because of greedy plaintiff lawyers and run away juries. The reality is that the true culprit is corporate greed at its finest. Think of this next time you see a cute insurance commercial provides a false sense of security while hiding the actual fiscal responsibility owed to a policy holder by an insurance carrier.
Matthew Dolman is a Trial Lawyer with Dolman Law Group, a Florida Personal Injury Firm representing the seriously injured. If you have questions regarding a potential cause of action wherein you or a loved one has been harmed by the negligence of another party, we are available to stand up for your rights. Matthew may be reached at 727-451-6900 or via email, matt@dolmanlaw.com. Our consultation is always free and we work on a contingency basis, meaning that we only earn a fee when we make a recovery on behalf of our client.
If you have been injured as a result of the negligence exhibited by an individual or corporation, call me today for a free consultation at: (727) 451-6900
Matthew Dolman is a life member of the Multi-Million Dollar Advocates Forum, has been elected as a Florida Super Lawyer by his peers 2013-2015, and has been selected as a top 100 trial attorney by National Trial Lawyers
Article Source: http://EzineArticles.com/expert/Matthew_A_Dolman/2220412
Article Source: http://EzineArticles.com/9250879
The Top 10 Reasons to Hire a Quality Personal Injury Lawyer
You don't need to be committed to taking legal action just to talk to a personal injury lawyer. Whether you wind up filing a suit or not, speaking with an experienced attorney is a smart way to determine your best course of action.
The following are the top ten reasons you should consider retaining the services of a personal injury lawyer.
#1 - No Risk
Generally speaking, personal injury lawyers will only get paid when you win your case. As long as that is the case, you don't have to worry about mounting legal bills only to lose your case in the end. Prior to signing on with a specific attorney, make sure they are willing to work on a contingency fee basis.
#2 - Experience
If you aren't a lawyer, you simply can't have the experience that is possessed by a personal injury lawyer. It is tempting to represent yourself in an injury case in order to save money, but that method is rarely effective. Utilize the experience of a professional to greatly improve your odds of success.
#3 - An Outside View
It is basically impossible for you to take an impartial look at your own case. You may still be in pain, and you might be holding some negative feelings toward the people whom you feel are responsible. A lawyer will not be constrained by these emotions, so you can count on them to give you an objective opinion on the case.
#4 - In Case of Trial
Should your case wind up in a trial, you will want a good lawyer on your side. The courtroom is no place for the inexperienced, so make sure a quality personal injury lawyer is on your team as you walk into court.
#5 - Settlement Options
Injury lawyers are used to negotiating settlements, and they will be happy to do so in your case (if a settlement is a possibility). Everyone involved will likely want to avoid a trial, so your lawyer may be able to negotiate a settlement that is satisfactory to all parties.
#6 - Support Staff
Lawyers don't work alone - generally, they have a team of staff behind them to do research, conduct interviews, and more. If you want to give your suit the best possible chance at success, having a lawyer with a talented support team fighting for you is a great advantage.
#7 - Legal Speak
Reading a legal document can be highly confusing to those without an education in law. Your personal injury lawyer will be able to make sense of the court documents.
#8 - Experience in the System
Determining whether or not a lawsuit is warranted is the first step in the process, and your lawyer will be able to offer you a qualified opinion based on their experience in the field. There is no sense taking up a lawsuit that has no chance of success, so ask for an honest opinion before proceeding.
#9 - Dealing with Insurance Companies
Do you want to have to deal with insurance companies as they settle claims in your case? Probably not. Turn that job over to your personal injury lawyer, who will have experience in that area.
#10 - Peace of Mind
A serious injury is a life-changing event, and your head has probably been spinning since the moment it took place. Working with a quality personal injury lawyer will help to settle your nerves as you will know you are in good hands.
Ben Wayne writes for the Law Office of Arthur Crum, a personal injury lawyer in Frederick, MD. As one of the area's most reputable car accident attorneys, Mr. Crum's law firm focuses on personal injury cases, including vehicle accidents.
Article Source: http://EzineArticles.com/expert/Ben_Wayne/2221015
Article Source: http://EzineArticles.com/9253390
Personal Injury Attorney Tips: Are Injury Claims Taxable?
Taxation of Personal Injury Claims
In most cases, money received from a personal injury claim is not taxable. This rule applies to federal and state law, and it does not matter if the case was settled or if the money is the result of winning a lawsuit. Any money received from this type of situation is not counted as a taxpayer's gross income, whether it is used for medical expenses, as a source for lost income, pain and suffering, or paying legal fees. Whether the claim is a result of being hurt or illness, the IRS will not typically have a right to tax any money received.
Possible Exceptions
While money from a claim is not taxable, claimants will be taxed on any damages that are a result of a breach of contract that causes the infliction of pain. In addition, it is important to remember that only compensatory awards are non-taxable. Punitive awards are not. A personal injury attorney will request that the judge separate compensatory settlements from punitive damages so that the IRS will be able to easily discern what they can tax.
If there is any interest accrued on a judgment, that interest amount is also taxable. In many states, the court will add the interest to the verdict for the amount of time the case has been waiting. For instance, if a claimant receives a judgment, but the defendant appeals and the case is not settled until one year later, interest will accrue on the award for that year. The IRS will tax this interest.
Questions About Emotional Injury
One common misconception is that settlements for emotional injury are also taxed. This is not the case. Any claims for emotional distress will be subject to taxation unless any evidence of physical pain can be proven.
When There Are Two Claims
In some cases, a claimant may have two judgments against a defendant. In this case, a personal injury attorney will have to ensure that the judge separates the award properly. In the settlement, it is crucial to ensure that it is stated very clearly which part of the settlement relates to physical bodily damage and which does not. This could include money meant for other forms of distress or property damage.
When someone wins a settlement, it is important to remember that while it is generally non-taxable, the IRS can always challenge a claim. If this occurs, it is important to work closely with a personal injury attorney and a tax accountant to ensure everything is handled properly.
When searching for a personal injury attorney, Hillsboro, Oregon residents visit Corbridge Law Offices, P.C. Learn more at http://www.corbridgelaw.com/personal-injury/.
Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190
Article Source: http://EzineArticles.com/9271818
What Is a Personal Injury Attorney?
Responsibilities of an injury attorney
Any personal injury attorney has a lot of responsibilities in serving his clients. These responsibilities can encompass both the ethical rules and professional codes of conduct that are set forth by the state bar associations where all lawyers are licensed. Once a lawyer is licensed to practice law by their respective bar association, the lawyers are legally permitted to file legal complaints and argue their cases in the court of law. They are also entitled to draft legal documents and other legal advice to the victims of personal injury.
When to hire an injury attorney?
When you have been through a car accident, you might have a lot on your mind at that point. There can also be a lot of emotional stress and turmoil and you will have to deal with a variety of injuries and damages to your vehicle. These injury attorneys or lawyers can help you to deal with the process of your claim and also reduce your stress in dealing with the process. There is however some factors that you must take into consideration before finalizing on your attorney hiring process.
Property damage is the biggest loss after any accident. Your vehicle can be very heavily damaged after an accident and in some cases this can be considered to be a total loss. You will first have to deem whether you are covered by your insurance. If you are at fault, it is the right choice to seek a reimbursement from your own policy. If you are not at fault, you can seek the payment through another insurer. Also in some cases, you can also seek compensation from your very own car insurance company. It is one of the important things to remember.
To know more about San Antonio personal injury lawyers or personal injury attorneys, please check our website.
Article Source: http://EzineArticles.com/expert/Aman_Tumukur_Khanna/1972047
Article Source: http://EzineArticles.com/9273387
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